LOS ANGELES, January 6, 2014 – The states have the power to stop Obamacare according to a new handbook released by the Tenth Amendment Center (TAC).
In a new publication for legislators and concerned citizens, “How States Can Stop the Affordable Care Act,” the Center covers the strategy, the constitutional legal basis, and model legislation ready for introduction in states around the country.
“With all the attention being given to bills that will thwart Obamacare in three states already, we felt it was important to provide the rest of the country with the tools to act in their own states,” said Mike Maharrey, national communications director for the TAC.
“A number of state lawmakers have asked us extremely important legal questions about the process, and we take that pretty seriously. We dedicated five out of fifteen pages to the constitutional understanding behind the process so that legislators and the grassroots can understand the sound legal basis behind the strategy,” Maharrey continued.
As introduced in South Carolina and Georgia, and in part in Missouri, the plan relies on the anti-commandeering doctrine, which is the long-standing legal principle which holds that the federal government cannot require states to carry out or spend resources on the enactment of federal laws or regulatory programs.
In short, the states would refuse to enforce or participate in the enforcement of any part of the Affordable Care Act. This would include, but not be limited to, refusing to set up an exchange, refusing to expand Medicaid, and even prohibiting county or city clerks from enforcing IRS liens resulting from nonpayment of the Obamcare taxes.
“In other words,” said Maharrey, “the states would tell the Obama administration, ‘If you want to run the Affordable Care Act, you figure out how to do it.’ And since they have proven they can barely run a website, we know the likelihood of full collapse is pretty high.”
Fox News Senior Judicial Analyst Judge Andrew Napolitano agreed recently, and said that if a number of states took this approach, the federal government simply would not have the manpower or the resources to successfully enforce the federal act. Napolitano said it would “gut Obamacare.”
After Georgia State Rep. Jason Spencer introduced a version of the plan as House Bill 707 (HB707) last month, prominent conservative legal scholar David Oedel told The Macon Telegraph that the legislation was on “sound legal footing.” Oedel was part of the legal team that represented Georgia in its court challenge to the Affordable Care Act.
The new handbook, How States Can Stop the Affordable Care Act is available at http://tenthamendmentcenter.com/obamacarehandbook
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