State Legislators, Governor Stand Up Against Federal Overreach

The new health care law rammed through by Speaker Pelosi, Senator Harry Reid and just signed by President Obama will force you to buy an expensive, federal government-approved health insurance policy on penalty of fines and even imprisonment. This is an unprecedented and unconstitutional abuse of federal power. 

The 10^th Amendment to the US Constitution is very clear about the limitations of the federal government’s enumerated powers. It reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

 

The ink of President Obama’s signature on the hotly opposed health care reform bill was barely dry when the lawsuits began. 14 states have so far launched suits to overturn the new health care law, asserting that it is unconstitutional and abridges states’ rights. Virginia was the first to tee up to sue, but the 13 other states were quick to follow.

 

In Minnesota, state senator Julianne Ortman (R-34) attempted to move a resolution that would call on Attorney General Lori Swanson to prepare to defend Minnesota’s sovereignty, but Democrats on the Health, Housing and Family security committee wanted to turn it around and amend Ortman’s resolution to instead support Obamacare. Ultimately, that resolution was tabled, but Governor Pawlenty picked up that ball, writing a letter calling on the Attorney General to investigate Minnesota’s legal options.

 

In addition, the entire Republican caucus of both the state House and the Senate have signed a letter asking Swanson to file a lawsuit challenging the constitutionality of the health care law.

 

So far Lori Swanson, an ACORN endorsee, has been recalcitrant. Her response was, “Our Office has not yet read and analyzed the 2,400 page bill... The Attorney General’s Office operates in the legal arena and we are not going to make any legal comments until we have had the opportunity to review the 2,400 page bill.” Swanson’s campaign website says she distributed “tens of thousands of pamphlets advocating for universal health care.”

 

State Representative Ryan Winkler (D-44B) said the lawsuit effort was “frivolous,” and added, “The states’ rights argument is a myth.”

 

Craftily, most of the health care ‘reforms’ don’t take effect for 2-3 years. Lawmakers who pushed Obamacare against the will of the overwhelming majority probably hoped their votes would be long forgotten by then, but it also affords us an opportunity to stop it before any serious damage is done.