A reading of the Constitution through the original understanding of the Founders and Ratifiers makes it quite clear that any national health care plan, or national public option, is not something that was delegated by the People to the Federal Government in the Constitution.

However, the courts, politicians and many commentators have interpreted (and re-interpreted) the Commerce Clause, the general Welfare Clause and Necessary and Proper Clause in ways not intended by the Founders so as to justify such programs under the Constitution. They are most certainly wrong.

The Health Care Freedom Act is considered in states as either a bill or a state constitutional amendment – effectively prohibiting the enactment of any new government-run healthcare programs within the state.

While many of the bills have language similar to true nullification legislation, many of them are promoted solely as a vehicle to drive a federal court battle – which is not nullification in its true sense.

CLICK HERE for more information and model legislation from ALEC, the Health Freedom Act

CLICK HERE – for information on the “Federal Health Care Nullification Act” which directly nullifies the “Patient Protection and Affordable Care Act” signed into law by Barack Obama on 03-23-10.

Legend: Blue – Introduced. Yellow – Passed one or more houses. Green – Passed both houses. Red – Passed as Law.
Black – Failed Vote or Stalled in Committee

2012 Legislation (scroll down for previous session activity)

2011 Legislation

2010 Legislation

247 thoughts on “Health Care Freedom Act

  1. We need help from the 912 movement and the Tea Parties to push the nullification legislation through the State legislatures.

    • Lydia Darrah

      Why is there not more attention being paid to this nullification issue? Tea Party group I belong to in North Texas recently put out group mailing with link to Texas State web site for Texans to sign a petition requesting a special session to consider nullification. Unless people are aware, nothing will be done.

      • Sheila

        I wish I had known about this website for Texans to sign. I would have signed it.

    • Utah is all over this. 9/12, tea party, and 10th Amendment groups are all working together to pass/sign:
      – The Firearms Freedom Act
      – Health Care Nullification
      – State Sovereignty resolution.

      We are also working on using Eminent Domain to get BACK state trust lands that the feds took a few years ago.

    • J_bird

      A few of the Tea Parties in Louisiana are working on their Congress members. On March 29 there is to be a rally at the Capital and I'm sure there will be a lot of signs on this subject

    • Dr. David Gourley

      Too bad it has taken so long for the citizen of the various states have been made aware of this opportunity to stop the fed . from running all aspects of our lives. I hope that the citizens of the State of Arizona will wake up and contact their state legislators to enact legislation to stop the fed. from running our lives. My wife and I will be praying for this to happen. If there is some way we can help let us know.
      Dr. and Mrs. DRG Tempe, AZ

  2. I believe that the 912 and Tea Party movements absolutely will have to get on board of the state sovereignty movement, or be relegated to obscurity….we'll see, of course, but that's my thoughts on it in the long-term.

    • At the end of the day We are a tool, a means to an end, nothing more. we must remember that. It is the 912 and Tea Party Movement that will uses us to advance their cause, which is really the same as our cause.

      We are simply trying to set up the pathway for them and ourselves.

      • I have been posting links to the 10th Amendment Center on other 912 sites because many over there are very interested in nullifaction and returning to a limited central government and strong state governments. Hopefully we can all work toward the same goals.

    • Robert Briggs

      The Tea Party Movement is behind he state sovereignty movement, you be in NASHVILLE, TN
      9:00AM 24Mar.2010 and you will see who is and who is not behind it.

  3. Where are all the rest of the states on this? Are they that indoctrinated into believing that government control is good for us, or are they too scared to go up against this "Chicago Mafia-style Organization?" According to the map, six states are either stalling on this, or worse – waiting to see if the health care bill is passed in the Senate and signed into law. If the latter is true, I wonder if it will be too late to put a stop to it.

    • MissDiane – they’re out there! Just getting things underway. We expect to see 15-20 states at minimum work along these lines in 2010. Hope to hear more from you too in the near future!

      • Dean


        Unfotunately I live in the Republick of Kalifornia. I love my state but hate the left's control here. Have you heard if there are any plans underway for nullification here and/or is there something that we individuals can do to help?

        • Margaret

          Not only that, but our esteemed governor is begging DC for money – can't ruffle any feathers right now 🙂

    • Ronnie Fields

      Where is the map, I cannot find it.

    • Ken

      most of your other states are fighting with there AG's to get them to file. So they are tring to find ways around them to get it done . Even tring to impech some of the AG's if need be.

    • Tom

      In Texas, the legislature only meets every 2 years. Our legislature in not currently in session. However, since Texas was an original member of the lawsuit, and the Texas governor has spoken harshly about this issue, I suspect either there will be a special session called, or when the legislature convenes again, nullification legislation will be passed here

  4. William wallace

    Another attack by the English branch of the Rothchilds to try to capitalize on the Americans as a whole. See history of the bank of the United states 1 and 2 where Hamilton sets up in colonial America that bankrupt us so we had to war against England again in 1812. Jackson finnal over came him. During the Civil war Lincoln needed more Capital to continue to have his Civil war. He went to NYC where friends of rothchild tryed to give america an offer of 25% -35% interest Lincoln knew it was ol' Rothchild again tring to enslave America with control of the financial system. Amazingly Russia steped up to protect the USA from an attack by English and French who by this time had been schemed by Rothchild and were in full control by inflation and contractions of the economy.Lincoln printed green backs that were in effect debt free money. money to be used without having to be taxed to use it. that was the final straw Lincoln had to go so he was murdered. By an agent of the South that wanted a Rothchild bank set up in the south . Remember the boulchivic's? they were killed for their families help with Lincoln the last of Russia's After Lincoln James Garfield was again murdered for stopping another attempt to have a central bank in America. Not amazed by Americas prosperity after 40 years of peace and prosperity and a steady gain of 3% in GDP without a central bank in control. Rothchild rockerfeller and warberg got their central bank in december 24 1913. All hail the Federal reserve. Nowe after they stole the gold (real wealth) traded it for reciepts backed by gold. Then a violation of the coinage act in 1971 by Nixson and the bankers to loot fort knox and give back Tungston coated gold bars to america in exchange for 40 years of inflation. Dose not America know what the penalty it is to not use Silver and gold coinage as money is the same as treason … A Hanging!!! That;s right Congress knows Americans are taking a second look at our bill of rights and constitution. They know if they slip up its their neck on the line literally. Just know there is more that meets the eye when every president who stands up to a Central bank and gets assisinated. its not a terrorist or is it? Want a war on terror? then get the ones who stand to gain the most by making America week and feeble economically, and spritually. We are not your slaves you may not create laws to make up struggle on the mire while predators circle our sinking bodys in you financial quick sand.

    • DAVE

      That was a great post…thx…D

    • Guest

      For all this detail it would kill you do have a modicum of grammar and spelling. Goes a long way to making a point. Kind of the point of literacy.

      • Guest


  5. Lynn Chitty

    If they stick it to us by using the "Commerce Clause" the debate over the constitutionality of the health care reform is ongoing. Many legal experts agree, however, that under the so-called "Commerce Clause" of the constitution (Article 1, Section 8), Congress has the authority to regulate health care reform, including requiring individuals to buy health insurance and enacting penalties for not having insurance. The U.S. Supreme Court has interpreted the Commerce Clause to allow Congress to regulate activities that have a major impact on our national economy.”
    Most of us disagree with this, but, and here is something else that article says;

    “But all duties, imposts and excises shall be uniform throughout the United States”

    This would mean that these Health Care regulations apply to everyone from the President on down.

    • Congress has enumerated powers to *regulate* commerce. Congress has no power to *dictate* commerce. There is a very clear difference. To federally mandate an individual to buy a product or service is to *dictate* commerce and sets a dangerous precedent.

      They have only the power to regulate a product which people may buy if they so choose. This does not grant them the power to force people to buy a product against their will. That does not fall under regulation. Car insurance is a manipulative and inaccurate comparison. car insurance is part of the regulations and restrictions on owning a car and it is liability insurance. I can choose not to own a car if I do wish to follow the rules for owning one.

      To mandate the purchase of health insurance by an individual so obviously violates the ideals of personal liberty and individual sovereignty that I am flabbergasted that has it even been argued at all.

      • Sam, correct. One additional point to make….car insurance isn't mandatory. Proof of financial responsibility is for the privilege of driving. Here in California, you don't have to buy auto insurance, you can either post a bond or show proof of financial responsibility — this is exactly for the reason that it isn't legal to compel someone to buy ANYTHING. From California DMV, financial responsibility requirements:

        A motor vehicle liability insurance policy.
        A deposit of $35,000 with DMV.
        A surety bond for $35,000 obtained from a company licensed to do business in California.
        A DMV issued self-insurance certificate.

    • John

      The bill of rights was an amendment TO the constitution. The commerce was part of the original text, thus was amended by the bill of rights.

      The bill of rights trumps, and nearly everything they claim under the commerce clause is a lie and a subversion of law.

  6. Simultaneously we need to be working to get the Fed government people kicked out. This strategy will work!


    This is a grass roots level movement that the 912 project has picked up (Glen Beck) and the other "main stream" patriot movements are getting on board. Spend 10 minutes and check it out.


    Nobody should be discussing a NEW Healthcare Bill…. and save us headaches, heartaches, and getting in debt for generations to come. Instead of "Opting Out" the Pubbies should have voted for "Opting IN". Now, it must be KILL THE BILL!!!!

  8. Miguel Saavadera

    You need 38+ states to trigger a conflict between 'States rights' and Federal Govt 'rights. That would force the Federal Govt to back off – or throw it into a Constitutional debate to be settle by the Supreme Court. Anything less than 38 (3/4 majority) the Federal Govt can cut funding and force those states to 'adhere' to a bad law. I would not put that past these guys.

    We either unify, or hang individually

  9. John

    For a family of four making the as much as can be made and still get a government subsidy, they say premiums will be real close to $900 per month. Is this affordable insurance? I thought they said affordable. Then, after your $900 per month you'll have your deductible, your co-insurance, your copays. Not to mention there doesn't seem to be much in there about dental or vision. So you're out of pocket completely on those two health issue. I've written my rep and senators. They don't care what I think because I don't think what they think. As a recently unemployed individual, I'm not able to afford it at all. What is going to happen to me if I don't find a job with health insurance?

    • Skeeter38

      John = where did you get those figures? I would like to use your statements but need to know where folks can go who want to challenge me.

    • JAN


    • Sherry Conroy

      John, first of all relax, the law does not require you to have health insurance until 2014. Sorry to hear about your job loss. If you are still umemployed in 2014, Medicare will be expanded to include you and your family. More small business owners are going to be able to provide health insurance, because it will be more affordable, and they will be eligible for tax breaks if they do provide you with health insurance, so your chance of finding a job that provides health insurance are about to go up.
      I don't kno where you pulled the number $900 per month from, though I fear it may have been your ass. What are the names of your reps and senators that u wrote to?? Just curious…

  10. You can add Wisconsin to the list of states working on opt-out legislation. It now has legs on both the Senate and Assembly sides of the State Legislature. In fact, my understanding is that the number of states is now up to 29.

    • 30 something as of this afternoon now since this farce of a bill passed the senate and now Florida's AG along with about 4 others are vowing to sue the Federal Government over this. It is about time that our leaders in our individual sates listen to the people and say NO to federal takeovers.

  11. Delaware2

    New Hampshire has a Constitutional Amendment introduced for 2010, CACR30, that affirms an individual's right to enter, or refuse to enter, into a contract, specifically for health care insurance.

  12. APatt

    Okay, so how do we help?

  13. bvb

    In reviewing the map, I see no Green pins and lots of Black pins. Doesn't look too good for citizens expecting 10th Amendment protection from their States.

  14. Terry

    People need to contact their State and local Representitives to file Constitutional ammendments to protect the people in their States to keep rights to choose you own healthcare options. There is proposed legislation in 25 states calling for legislation or state constitutional amendments to guard citizens against attempts to socialize health care through the “public option” health care mandate and other mandates currently under consideration by State Congress. Arizona already has such a measure on its 2010 ballot. You can go to your state house of reps web site to see if your state is propossing the legislation. This is very important to all Americans.

  15. MadMax

    Great news! Thank you for the info. Also loved "Resist DC: a Step by Step Plan for Freedom". You have hit on the non-violent way to freedom and restoring the Constitution in America. Now the problem is making sure the polititians in State government don't goof on us like the Federal polititians do.

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