Another state is taking aim at the Affordable Care Act.
The state Senate of Missouri will soon say to the Obama administration, “Show me where the Constitution authorizes the federal government to demand that Americans pay for health insurance."
In advance of the 2014 legislative session, Missouri State Senator John Lamping (shown) has pre-filed Senate Bill 546, a revision of the Health Care Freedom Act passed by referendum by Missourians in 2010. As The New American reported at that time, the Health Care Freedom Act was approved by over 70 percent of voters.
Lamping’s legislation eviscerates ObamaCare, negating any “law or rule” that would “compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system.”
Another provision of the bill goes right to the heart of ObamaCare, exempting any person or employer in the state from being subject to any “penalty or fines for paying directly for lawful health care services.” So much for the tax penalties imposed (unconstitutionally) by Chief Justice John Roberts in his ObamaCare decision.
Section 1.334.4 of the bill requires the immediate suspension by the Missouri director of the department of insurance, financial institutions, and professional registration of state issued insurance licenses of any state insurer that accepts ObamaCare subsidies that results in the “imposition of penalties contrary to the public policy.”
This takes the teeth out of the Obama administration’s ability under ObamaCare to impose penalties on employers who take those federal subsidies.
Apart from refusing to impose unconstitutional and financially devastating demands on citizens of Missouri, Senator Lamping explained in a statement that his “ideas are aimed at improving all ... health care decisions for Missourians.”
The Missouri bill relies, as do similar measures that will soon be considered in South Carolina and Georgia, on the anti-commandeering doctrine that has long been a key principle of federalism.
Put simply, anti-commandeering prohibits the federal government from forcing states to participate in any federal program that does not concern “international and interstate matters.”
While this expression of federalism (“dual sovereignty” as it was named by Justice Antonin Scalia) was first set forth in the case of New York v. United States (1992), most recently it was reaffirmed by the high court in the case of Mack and Printz v. United States (1997).
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Photos: Sen. John Lamping; Missouri State Capitol