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State resources shall not be expended in enforcing or implementing ObamaCare

This topic contains 1 reply, has 2 voices, and was last updated by  Ed Bradford 10 years, 6 months ago.

  • State resources shall not be expended in enforcing or implementing ObamaCare

    Started by Greg Abbott

    Pass a state law providing that state resources shall not be expended and state personnel shall not be employed in enforcing or implementing the Patient Protection and Affordable Care Act.

    The Tenth Amendment to the U.S. Constitution clearly delineates the powers of the state and federal government. While the state may not impede the federal enforcement of federal laws, in the 1997 case Printz v. U.S., the U.S. Supreme Court held that “the Federal Government may not compel the States to enact or administer a federal regulatory program.” According to one legal scholar:

    Every state should pass a law making it illegal for any state or local official to cooperate with a federal program unless specifically authorized in state statute. This way, the people would know when their state officials were merely serving as deputies of the federal government instead of doing their jobs as officials of the state. Such “noncompliance” bills would go far in restoring the crucial separation of state and federal functions that the Constitution intended.

    Texas must not allow the federal government to abridge our federal system and commandeer state resources in order to impose restrictions on the healthcare choices of Texans.

    Texas should amend Subtitle G, Title 8, Insurance Code, to restrict the use of state resources in enforcing Obamacare.

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    Replies

    I’m not comfortable with this one. SCOTUS has told states they must spend some money on Fed Laws. Roberts said, ObamaCare’s Medicaid carrot was beyond the pale. The question is, where, exactly is the pale?

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