One of the key principles of the Tea Party is the belief that the role of the federal government has become too intrusive and unConstitutionally large. The Tenth Amendment of the U.S. Constitution states "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."
Historically, states have used the Amendment X to attempt to exempt themselves from federal regulations. Now Amendment X is being used again as states seek to exempt themselves from the recent health care legislation. According to the The Tenth Amendment Center, the new legislation significantly imposes on states' rights. The only option is for the law to be nullified through the statehouses.
Since President Obama was elected, 38 states have felt the need to introduce resolutions emphasizing their rights under Amendment X.
In South Carolina, for example, a resolution was passed stating (in part) that "despite the clear limitations placed upon it by the United States Constitution, the federal government has steadily expanded its reach into the lives of our citizens and, in so doing, violates the very principles upon which this nation was founded."
Specific to the health care law, the resolution continues, "the United States Supreme Court has said that states have great latitude in regulating medical care and standards, which have historically and constitutionally been primary state responsibilities and affect areas of core state responsibility, yet Congress and the President are reaching agreement over legislation that will result in the federal government absorbing the regulation of medical care, stripping the states of most responsibility, and taking away the free choice of the citizens of the states."
Several states, including Florida, Virginia, Idaho, and Minnesota among others have already drafted binding resolutions designed to let states opt out of the federal health care legislation. For example, Idaho Governor C.L. "Butch" Otter said upon signing the Idaho Health Freedom Act that "what the Idaho Health Freedom Act says is that the citizens of our state won't be subject to another federal mandate or turn over another part of their life to government control."
Florida voters will get a chance to vote on the issue in November as an amendment to the State Constitution. In part it reads, "A law or rule shall not compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system."
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Comments
Too intrusive - 10th Amendment -
Who defines too? - Social Security, VA Hospitals, Veteran's pensions, federal funding for schools, WIC, etc. I wonder how the constituent base would feel if their state officials refused federal funding on these programs in protest of the intrusion.
so what. dude, IG, who defines the 10th amendment and it's vernacular have been established. are you running for office? then so what about someones constituents. Hold all representatives accountable then worry about benefits.
Who defines the word "too" not who defines the constitution. Those programs are all in conflict with the 10th amendment and yet we accept them and expect them - indeed, we feel entitled to them. I thought everyone was complaining about the constituent base (voters) not being listened to. I am just saying it is difficult to maintain an argument when so many depend on the programming already established by violating the 10th amendment.
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