Following up on a move by the Virginia Senate last month, today the Virginia House of Delegates passed a bill that would make it illegal to force any resident of the Commonwealth to purchase health insurance:
RICHMOND, Va. — Virginia’s General Assembly is the first in the nation to approve legislation that bucks any attempt by President Barack Obama and Congress to implement the national health care overhaul in states like Virginia.
Without debate, the House of Delegates voted 80-17 Wednesday to accept Senate amendments to a bill that supporters say preserves Virginia’s prerogatives as a state.
Thirty-four other legislatures have filed or proposed similar measures rejecting health insurance mandates.
But Virginia’s legislature, scheduled to adjourn Saturday, is the first to finish work on a bill. The measure goes to Republican Gov. Bob McDonnell, who plans to sign it.
While I still have doubts about the Constitutionality of a law like this given the Supremacy Clause, it is nonetheless a fairly powerful indication of the voter disdain for a plan that, inexplicably, the Democrats continue to try to push through Congress.
In the wikipedia article it says that the US Constitution, federal statutes, and US treaties supercede all other laws. What are federal statutes? Would the health care bill fall under that category?
Well, it’s really a two part argument
First, there’s a question of whether or not the Constitution grants Congress the authority to mandate that a private citizen buy health insurance.
If the answer is no, then it’s game over.
Second, if the answer to the above is yes, is the question of whether or not the state law is superseded by Federal Law, which also brings the 10th Amendment into play.
If healthcare passes we know how 8 votes are going to go down in the Supremes, with a block of four voting to find unconsitutional or in favor of states rights, led by the fellow who has tired of political pep rallies. It comes down to Kennedy. Is anyone out there who is enough of a court watcher to predict how Kennedy might rule and explain why?
I have a feeling the constitution doesn’t grant congress the authority to do most of what it does. Why did the federal government feel that they had to pass a constitutional amendment to outlaw alcohol in 1919? Couldn’t they simply just pass a law like they do today, or did they feel like that was not within their authority unless they were to specifically write it into the constitution?
> Couldn’t they simply just pass a law like they do today, or did they feel like that was not within their authority unless they were to specifically write it into the constitution?
Looks like you answered your own question.
Since FDR and the New Deal, the Supreme Court more or less rubber-stamps everything coming out of Congress and the office of the President, with some notable exceptions.
Obama and Nancy Pelosi with her new 200 passenger jet that now goes nonstop to California must be so upset as this paves the way for the other states to pass this same law.
Nancy had to have a jet that did not stop to refuel. Have you heard how much it costs us taxpayer just in fuel every week? $60,000
Is Obama going to be impeached or will there be a recall? There is apetition out to recall him. We need a million people to sign. Are you going to sit by and let Obama put us into Communism?
Is Obama another Hilter or even worse?
I want America to be free. How about you?
Once these two are gone America can function once again.
Four people need to be recalled.
Are you going to sign?
This is serious folks.
Our country is going to the dogs under Obama and he wants to be king. He lied to us to be elected, still continues to lie and now Pelosi is lying to us in her position.
They need to go and fast !!!
If the folowing is true is Obama Heathcare dead?
“There are limited powers the federal government has. Simply because of the supremacy clause, it doesn’t mean anything that the Congress does, in fact, must be enforced at all levels of government in the United States,” Marshall said in an interview after his bill won passage.
“It gives the state of Virginia the right to intervene on behalf of individuals should they decide not to pay for insurance and they refuse to pay the fine or they refuse to pay the fee or the tax or whatever you call it,” he said.