New State Gov’t Tactic: Banning Insurance Mandate

September 30, 2009 | Filed Under Anti-Americanism, Barack Obama, Budget, Business, Congress, Democrats/Leftists, Economy/Finances, Government, Corruption, Health, Journalism, Liberals, President, Senate, Socialism, Taxes, Warner Todd Huston |

-By Warner Todd Huston

The New York Times is reporting that more than a dozen state legislatures are considering crafting constitutional amendments that will make it illegal to force every citizen to buy health insurance, a key part of Obama’s healthcare plan.

If any of these state legislatures ultimately approve a constitutional change to outlaw the insurance mandates that Obama is trying to force on the nation it could set up a legal showdown between advocates of state’s rights and federal control that will likely end up in the Supreme Court.

Some of these efforts, though, are not a response solely to Obama’s push to take over the nation’s healthcare system. Many of these efforts started after the Massachusetts healthcare plan, derisively called Romneycare, was instituted in 2006.

The Times cites more legal doubters than those that imagine the efforts can successfully nullify a federal mandate, but even the Times admits that if any of these laws pass in the states it could be a morass for Obamacare.

Opponents of the measures and some constitutional scholars say the proposals are mostly symbolic, intended to send a message of political protest, and have little chance of succeeding in court over the long run. But they acknowledge that the measures could create legal collisions that would be both expensive and cause delays to health care changes, and could be a rallying point for opponents in the increasingly tense debate.

These efforts bring up the issue of the Constitutionality of Obamacare. Several discussions about this have already started (also here, and here) and are expect to continue as Obamacare comes closer to a vote.

Certainly these efforts could be the first salvo in a Constitutional battle, but let us hope that we have a Supreme Court that is strong enough to void Obamacare as Franklin Roosevelt’s first Supreme Court was strong enough to defeat much of the early parts of the economically disastrous New Deal — before FDR was able to stack the court with compliant justices that stood in his favor, of course.
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Warner Todd Huston is a Chicago based freelance writer, has been writing opinion editorials and social criticism since early 2001 and is featured on many websites such as NewsBusters.org, RightWingNews.com, CanadaFreePress.com, StoptheACLU.com, TheRealityCheck.org, RedState.com, Human Events Magazine, AmericanDailyReview.com, and the New Media Journal, among many, many others. Additionally, he has been a frequent guest on talk-radio programs to discuss his opinion editorials and current events and is currently the co-host of “Life, Liberty, and the Pursuit of Conservatism” heard on BlogTalkRadio. Warner is also the editor of the Cook County Page for RedCounty.com.

He has also written for several history magazines and appears in the new book “Americans on Politics, Policy and Pop Culture” which can be purchased on amazon.com. He is also the owner and operator of PubliusForum.com. Feel free to contact him with any comments or questions : EMAIL Warner Todd Huston

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