Read the TAC’s overview of these state legislative steps HERE.
There are four main steps that can be taken to reject, refuse and/or nullify the Affordable Care Act on a state level. While each one of these steps alone won’t result in a nullification of the act nationally, they’re all an important piece of the puzzle. An act of resistance in one state leads to courage and doing the same in another. At the same time, some courageous types might get the notion that they can turn it up a notch and take a stronger stand in their state than you have in yours.
Step 1: Reject the Creation of State Exchanges
Step 2: Refuse the Medicaid Expansion
Step 3: Health Care Freedom Act/Amendment
Step 4: Federal Health Care Nullification Act (2 versions)
Legislative Tracking Links (coming soon)
Additional Resources (more coming soon)
-Printable Nullification Brochure
-18 Page Nullification Organizer’s Toolkit
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Step 1: Reject the Creation of State Exchanges
Shifting the burden for health insurance exchanges to the feds effectively sabotages the implementation of Obamacare. The federal government needs states to be complicit to pull this off. Otherwise, these decisions on who was creating exchange wouldn’t even have been included in the first place. The fact of the matter is that DC doesn’t have the resources or the manpower to run these exchanges in every state. Some analysts are saying that they only have the capacity to do so in 30 states, and any more than that will lead towards a collapse of the system.
LEGISLATION (share at this link)
This bill clarifies the implementation of certain provisions of the Patient Protection and Affordable Care Act. This bill prohibits the state of (STATE) from planning, creating, or participating in a state health care exchange.
AN ACT relative to federal health care reform and health care exchanges.
SECTION 1 Prohibition on State-Based Health Exchange.
A. No (STATE) state agency, department, or political subdivision shall plan, create, participate in or enable a state-based exchange for health insurance under the Act, or contract with any private entity to do so.
SECTION 2, EFFECTIVE DATE
This act takes effect upon approval by the Governor.
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Step 2: Refuse the Medicaid Expansion
During the Obamacare case before the Supreme Court, Rob Natelson and his colleagues at the Independence Institute argued that the law’s provisions forcing the states to expand Medicaid were unconstitutional. Neither the Constitution nor case law, they pointed out, permits the federal government to use federal spending programs to coerce the states. Seven of the nine justices agreed with them, essentially adopting the arguments advanced in their brief.
As a result, the states may consider freely whether or not to accept additional federal funds for the Medicaid expansion. Accepting federal funds might seem to bring the states short-term fiscal benefits. But the fiscal risks of doing so are very great—perhaps eventual bankruptcy. Financial and practical matters aside, helping the federal government run an unconstitutional program by participating in it on a state level is just plain wrong.
LEGISLATION (available at this link)
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Step 3: Health Care Freedom Act/Amendment
According to Michael Cannon of the CATO Institute, in order to operate an exchange, state employees would have to determine eligibility for ObamaCare’s “premium assistance tax credits.” Those tax credits trigger penalties against employers (under the employer mandate) and residents (under the individual mandate). In addition, state employees would have to determine whether employers’ health benefits are “affordable.” A negative determination results in fines against the employer. These are key functions of an exchange.
Thus, if the state establishes an exchange, then that law would violate state law by indirectly compelling employers and individual residents to participate in a health care system. That sort of law is precisely what the Health Care Freedom Act exists to prevent.
But it’s not just exchanges. This would prevents the adoption of any health care policies that are inconsistent with the Health Care Freedom Act. Under Obamacare, that will likely be many.
LEGISLATION available from ALEC at this link.
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Step 4: Federal Health Care Nullification Act
(2 versions)
The following is Tenth Amendment Center approved legislation to nullify federal overreach into the health care industry. Activists, we encourage you to send this to your state senators and representatives – and ask them to introduce this legislation in your state.
VERSION 1, NULLIFICATION
VERSION 2, NULLIFICATION w/PENALTIES
click here for additional talking points
HEALTH CARE NULLIFICATION ACT, V1
An Act to render null and void certain unconstitutional laws enacted by the Congress of the United States, taking control over the health insurance industry and mandating that individuals purchase health insurance under threat of penalty.
SECTION 1. The legislature of the State of ____________ finds that:
1. The People of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more.
2. The Tenth Amendment to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves.
3. The assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” interferes with the right of the People of the State of _____________ to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Federalist #45 that the “powers delegated” to the Federal Government are “few and defined”, while those of the States are “numerous and indefinite.”
SECTION 2. NEW LAW
A new section of law to be codified in the [STATE] Statutes as Section [NUMBER] of Title [NUMBER], unless there is created a duplication in numbering, reads as follows:
A. The Legislature of the State of _______________ declares that the federal law known as the “Patient Protection and Affordable Care Act,” signed by President Barack Obama on March 23, 2010, is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the Founders and Ratifiers, and is hereby declared to be invalid in this state, shall not be recognized by this state, is specifically rejected by this state, and shall be considered null and void and of no effect in this state.
B. It shall be the duty of the legislature of this State to adopt and enact any and all measures as may be necessary to prevent the enforcement of the “Patient Protection and Affordable Care Act” within the limits of this State.
SECTION 3. This act takes effect upon approval by the Governor.
HEALTH CARE NULLIFICATION ACT, V2 – w/PENALTIES
An Act to render null and void certain unconstitutional laws enacted by the Congress of the United States, taking control over the health insurance industry and mandating that individuals purchase health insurance under threat of penalty.
SECTION 1. The legislature of the State of ____________ finds that:
1. The People of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more.
2. The Tenth Amendment to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves.
3. The assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” interferes with the right of the People of the State of _____________ to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Federalist #45 that the “powers delegated” to the Federal Government are “few and defined”, while those of the States are “numerous and indefinite.”
SECTION 2. NEW LAW
A new section of law to be codified in the [STATE] Statutes as Section [NUMBER] of Title [NUMBER], unless there is created a duplication in numbering, reads as follows:
A. The Legislature of the State of _______________ declares that the federal law known as the “Patient Protection and Affordable Care Act,” signed by President Barack Obama on March 23, 2010, is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the Founders and Ratifiers, and is hereby declared to be invalid in this state, shall not be recognized by this state, is specifically rejected by this state, and shall be considered null and void and of no effect in this state.
B. It shall be the duty of the legislature of this State to adopt and enact any and all measures as may be necessary to prevent the enforcement of the “Patient Protection and Affordable Care Act” within the limits of this State.
C. Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding five thousand dollars ($5,000.00), or a term of imprisonment not exceeding five (5) years, or both.
D. Any public officer or employee of the State of ____________ that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding two (2) years or by a fine not exceeding One Thousand Dollars ($1,000.00) or both such fine and imprisonment.
E. Any aggrieved party shall also have a private action against any person violating the provisions of subsections (C) or (D).
SECTION 3. This act takes effect upon approval by the Governor.
LEGISLATIVE TRACKING
ADDITIONAL RESOURCES
CLICK HERE – to download the Tenth Amendment Center’s Nullification Talking Points brochure (.pdf)
CLICK HERE – to download the TAC’s Nullify Obamacare Organizer’s Toolkit (.pdf)
