Florida Attorney General, Health care bill unconstitutional, State attorney generals, Lawsuits, State sovereignty, Congress no authority to mandate health insurance
“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln
The tax and control bill being forced down our throats is most certainly not health care reform and most assuredly unconstitutional. Here are some exerpts from a letter written by Florida Attorney General, Bill McCollum, on March 16, 2010.
“As you know, President Obama has announced that he will push forward with health care legislation that includes a living tax on Americans who choose not to purchase health care insurance. Congress may take actiopn as soon as this week to send a bill to the President. After a thorough analysis of the individual mandate to buy health care insurance, I reman convinced it would be unconstitutional if signed into law.”
The Post & Email has an article on this from March 21, 2010.
“Florida Attorney General promises lawsuit against unconstitutional health care bill”
“Florida Attorney General Bill McCollum has written a letter to Jon Bruning, President of the National Association of Attorneys General, inviting him to “join me in preparing a legal challenge to the constitutionality of whatever individual mandate provision emerges, immediately upon the legislation becoming law.” The letter was sent March 16, 2010 and includes an analysis of what McCollum perceives as unconstitutional provisions of the bill being contemplated by Congress.
Among his many objections to the bill, McCollum cites: “…the individual mandate, whether levied as a tax or as a tax penalty, is a capitation or direct tax that is not apportioned evenly among the states as is constitutionally required.” The closing paragraph of the six-page document states, “While affected citizens of every state may pursue judicial relief from the individual mandate provisions, states have standing to sue the federal government to protect their sovereign and quasi-sovereign interests.”
According to his website, McCollum has also called for a group of state agencies to analyze the financial impact of any federal health care legislation on his state. Participating would be the Office of Insurance Regulation, the Department of Children and Families, and the Department of Health, among others.
McCollum is a candidate for governor of Florida. He has stated that the Florida Constitution has a provision which guarantees “the right to be let alone and free from governmental intrusion into [their] private life.”
On Thursday, March 18, South Carolina Attorney General Henry McMaster announced that he would join McCollum in legal action if federal health care legislation is passed. McMaster reportedly said, “”It is my belief and that of other attorneys general that this is clearly unconstitutional. That’s why we’re moving forward. We need to protect the sovereignty of our states and the liberty of our people.””
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