On December 16, State Representatives Jason Spencer, David Stover, Michael Caldwell, and Scot Turner announced their sponsoring of a bill that would halt the implementation of ObamaCare at the sovereign borders of the Peach State.
At their press conference, the lawmakers sought not only to explain their proposal, but to drum up support for it among like-minded Georgians.
HB 707 authorizes the Attorney General of Georgia to:
provide that neither the State of Georgia nor any of its political subdivisions shall establish a health care exchange for the purchase of health insurance nor participate in or purchase insurance from a health care exchange established by a nonprofit organization; to provide that no agency, department, or other state entity shall authorize an employee, contractor, vendor, or any other person acting on behalf of such agency, department, or entity to undertake any action under the aegis of Section 2951 of the federal Patient Protection and Affordable Care Act of 2010 or a process established pursuant to such act.
Despite the apparent pulling of the constitutional punch, two of the four Georgia state legislators struck at the heart of the constitutional issue.
Representative Stover denounced the federal government’s usurpation of unconstitutional power. “To tax someone for simply being alive is anti-American, anti-Constitutional and anti-common sense.... The federal government did not create the states; the states created the federal government.”
Stover’s analysis of the creation of the Constitution is right.
Understanding that the states created the federal government will help state legislators and citizens appreciate the constitutional propriety and potency of the principles of the Virginia and Kentucky Resolutions of 1798.
The states created the federal government and reserve the right to resist the exercise by Congress of any powers not specifically granted to it by the states in the Constitution. For too long, Congresses, presidents, judges, and bureaucrats have “worshipped and served the creature [the government] more than the creator [the states and the people].” (Romans 1:25)
In his statement, state Representative Michael Caldwell invoked the 10th Amendment and the retention by states of the “numerous and indefinite” powers not specifically granted to the federal government in the Constitution.
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Photo: Georgia State Capitol Building