I have heard that 37 states are considering legislation that would allow people not to participate in programs set forth in the current health care bill. Does federal law supersede state laws or will the courts ultimately determine who will control health care, the states or the federal government?
Popular Posts:
- Mississippi leaders hold health care forum
- I need pros and cons about Obama’s healthcare reform bill…?
- Business leaders discuss new health care reform
- Advice on health care reform law offered at KC forums
- Health-care reform topic of employers’ seminar
Read the 10th amendment.
“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.”
Federal law trumps state laws. The only thing the states can do is to form militias and march on Washington.
Every law is superceded by US Constitution, according to which Federal goverment cannot impose mandatory purchase of insurance.
You mean like in gay marriage? Republicans have a twisted view on freedom and liberty.
I’m pretty sure the Health Care Bill/Law will fall apart once it hits the Supreme Court.
technically, states could do this…
of course, when states try to do this… the feds say “ok, we’re pulling all our funding”… which would basically make ANY state automatically bankrupt…
so, there’s the rub…
the feds don’t HAVE to fund states….
a few states have tried to fight federal drug law and NCLB… basically, states can’t afford to ignore the feds…
How is the bill going to take away your freedom of choice? I am serious about this.
Can anybody come with one concrete instance where your freedom of choice will be taken away? Anybody? Not ifs or maybes, but concrete evidence.
The bill itself allows freedom of choice. Remember, the public health OPTION, is not included in the new bill. Read the bill.
Federal law supersedes state laws.
However when the full effect of the bill takes effect in 2013 the states will have the option of setting up individual insurance exchanges (that is in the Senate bill). So really why would the state enact legislation now for something that won;t even be an issue in 2013 when the legislation takes effect?
State Insurance boards still run the show and can deny any company the right to practice in their state. The is a federal government attempt to over ride state authority.
The link below has more information on that. In nutshell, the federal laws trump state laws. The Tenth amendment does not apply here. The mandate is constitutional. The Senate bill does give more flexibility for the state to experiment on health care delivery and tort reform.
http://www.healthbeatblog.com/2010/03/lots-of-bark-little-bite-in-state-efforts-to-block-health-reform.html
the power comes from the states, not the fed govt.
slykitty; once the govt health insurance goes through the private sector will go out of business. then you will have no freedom of choice. it’s all in the plan. if you think the private is bad, just wait till they start taxing you for being too fat. already came out with a study saying the children in this country are too fat and we need to do something about it. can see them taxing by the pound. love those Dem’s.