Are the States Displaying Ignorance or Deception
In their Handing of “Obama Care”?
By Richard Fry
The State of Oklahoma recently filed an action in the federal District Court of Oklahoma against “Obama Care”. According to its governor its reason for going it a lone was that Oklahoma has a new state Constitutional amendment which prohibits individual insurance mandates. [i] Virginia , the first state to file an action against “Obama Care”, went it a lone as it had passed a statutory provision prohibiting individual insurance mandates prior to the “Obama Care” legislation was signed into law.
False Reasoning of States
I do not believe there is such a thing as a state pre-emption to federal pre-emption as the reasoning of Virginia and Oklahoma would have one believe. (Pre-emption, very generally means that an act by the federal government in an area stops the states from enacting acts, or at least contrary acts, on the same subject.) All of the states’ law suits include a Constitutional objection based upon the “individual mandate” of “Obama Care” exceeding the “commerce clause” of the U.S. Constitution. [ii] Either the federal government has exceeded its authority under the commerce clause with the “individual mandate” language of “Obama Care” or it has not.
Virginia beating the federal government across the finish line in enacting its anti- individual mandate law before the federal government enacted the “Obama Care” law, including its “individual mandate” language, does not cut off the power of the federal government to enact “Obama Care” if it is otherwise within the federal government’s authority under Article I section 8 of the federal Constitution. Nor does the fact a state has enacted a law (or Constitutional amendment) before (or after) the federal government has enacted a law on the subject create a “safe harbor” or allows the states’ law to be “grandfather” in i.e., given force and effect it otherwise would not have. There is simply nothing of this sort noted in the federal supremacy clause or elsewhere in the federal Constitution. [iii] The clear language of the federal Supremacy clause is quite the opposite.
The short of it is all the states are in the same boat. To paraphrases Ben Franklin, the states will all hang together or they will most assuredly hang apart on this issue.
What is the Motive of Our Elected Officials?
Therefore, one must assume the states are acting out of ignorance or are trying to blow smoke in the direction of “We the People”. My experience leads me to believe it could be either or both ignorance and/ or trying to pull a fast one on us citizens. Frankly, neither is appropriate or acceptable. If our elected officials do not understand the Constitution any better than to believe they can pre-empt (cut off federal authority by acting first) they are incompetent and not up holding their oath of office. [iv] Worse they lack the requisite knowledge (or willingness) to be able to bring the federal government back into compliance with the Constitution.
Damage to the States and Citizens
By filing in federal District Court, the “Obama Care” actions will be prolonged (by 2-3 years), will cost much more as the suits will have to be prepared and presented to two and if lucky three separate courts, it has increased the risk a new justice (or more) will be appointed to the Supreme Court (changing it to a decidedly Progressive / anti-states rights Court) and bring about the risk that the Supreme Court will refuse to even heard the cases, which it would be required to heard if they were brought under the Original Jurisdiction provision of Article III §2 cl. 2 of the Constitution. And of course, by filing in the federal District Court our elected state officials are undermining the states’ sovereignty which is the basis and authority by which the states are to protect “We the People” from usurpations of the federal government.
Benefits from Undermining Our Sovereignty
What is the benefit to having these suits filed in the federal District Courts? None to “We the People”. But, as anyone who has been involved with a political campaign knows the three most important factors to a successful campaign are: 1. Name recognition, 2. Name recognition, and 3. Name recognition. Some of these politicians have ridden the press coverage into, or back into, office. Some will try to ride this name recognition into higher office. In the mean time you and I will have our sovereignty and Liberty expended to further their sad careers.
Some of these politicians will get media exposure. Governor Fallin has already appeared on national television as a result of her decision. How many times has Governor Brewer been on TV over the Arizona suit? And the Virginia Attorney General, who was barely known in his own state before he filed this lawsuit, is now almost a household name. Also some of them will gain favor with the globalists who see the need to undermine state sovereignty before they can undermine our national sovereignty.
What are we Citizens to Do?
There is no reason we citizens have to accept these law suits staying in the federal District Courts. The undermining of our states’ sovereignty is not a done deal in this regard. But, we do have to have the backbone to demand our elected officials do the right thing and re-file these cases with the Supreme Court where they belong.
Don’t let your legislators tell you it is not their decision and there is nothing they can do about it. They have taken an oath to support the Constitution. They can speak out and demand the right thing be done. They have a duty to see that the Constitution is upheld and state sovereignty is protected. Do not let them shirk their responsibility. Remember the freedom and the prosperity of your kids and grand kids hang in the balance.