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. Jeff

    "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.

    "…including requiring individuals to buy health insurance…"

    13th amendment prohibits involuntary servitude and in no court of any state or of the federal government can you be made to enter into a contract against your will, period!

    This is an absolute assault on your freedom. If your state is not defending against this you should be chasing your politicians out of your state and loading up on guns and ammo!

  2. Peg Briggs

    Does anyone from PA know if any State and local Representitives in our state have begun to file Constitutional ammendments to protect the PA citizens in keeping our rights to choose you own healthcare options? If not how do we get started?

  3. Jeff Dubiel

    America's freedoms are being destroyed by our mad Washington government. When will America take it back!!!???

  4. Please don't give our freedom away!!! This is insane. We all have the blood of our nation on our hands if we let this happen.

  5. Fort Worth 912 Project is hot on the nullification issue. Recently attended Nullification Rally in Austin that brought out thousands. Keep the faith.

    • Fantastic Adrian – hopefully we can join forces and work on these efforts together in the future! Don't hesitate to contact us anytime..

  6. Donna

    I don't know WHY the democrats are trying to push this through when the majority of us do not want it! Those in the dem. leadership that vote for this need to be voted OUT OF OFFICE! I AM a reg. voting dem.that WILL vote against those voting on it!! COME ON 2012!!!!!

  7. Jan


  8. Jill Moon

    Acorn gets special funding, or whatever a "community org" calls themself in this healthcare bill.
    I pay my own medical when I'm in need. My doctors are fair well educated and say they are still paying education loans. I pay my own mortgage and those who couldn't afford the house they bought.

    I pay for the scum in jail when they need medical, thru my county taxes. Oh yeah, I still pay my education loans too. Entitlement of those who want what we worked for. Yeah, where's my vacation since I work 6 days a week?

  9. Karla Heller

    No no no no to Government Health Care, any and all bills that give the government more control over the people. We're fed up with paying the govt. officials and their proven inability to succesfully manage any of their govt. services which are all bankrupt. or will be very shortly. The govt. insists on pushing dispicable criminal, behind door deals to persuade votes, inspite of the clerity of over two thirds of the people rejecting all the governments tricky demands. Govt. is to work for the people, Instead we are getting criminal dispicable actions from the govt. We are not stupid. It's obvious that the government is slowly attempting to controll everything in America. We aren't fools. We won't allow you any more control. Quit making laws that the people don't want.
    Karla Heller

  10. MRothman


    As it is presently our healthcare system is "broken" – that is before this upcoming bill -something that people
    generally "overlook" – so that means that the present system "is not working"! The MD's-hospitals etc. are controlled
    by our insurance companies who apparently "are the bosses"; since they decide what and how "things should be" – result" over 30% of our citizens "do not have medical coverage"! who is the blame for that? Obama?
    I dont think so, he is only a "new president"-so apparently the last presidents of course! Do we want more of
    the same? of course not! so what options are there besides our government? At least our government is not
    in the business of making profits for its shareholders like the insurance companies – and – medical supply
    companies – there are no easy solutions – other than "cut out all of the fat, both in the private sector and in the
    public sector – get rid of the people that made sure that 30% of our american citizens cant have medical
    coverage of any sort – our government promises to take care of these "unfortunates" – whats wrong with that?
    What we need then is "honest government" since for profit corporations have allegiance only to their shareholders! yes, honest government is the solution, now and later –

    So lets all opt for honest government – and give all the poor their right of being taken care of medically when
    their need arises

    Dr. maujrice Rothman, PHd

    • Becky

      What a load of bull hocky. try not to exxagerate first of all – 30%? don't think so. If the number is 30M (which is an exxageration itsself and includes illegal aliens) that would be just 10% of americans not insured. And since you are a doctor (we believe that! right) you should know that health care is not denied – health insurance is the issue. All you have to do is drive to any hospital to get health care – and we (the american people) will pay for it. You are confusing two very distinct things – the healthcare system is not broken. the insurance market is broken. there is a rather large difference.

    • Freedom

      Its good you feel that way (Doctor)??? You forgot to capitalize your first name by the way… and your grammar is deplorable… must be a brain surgeon … or maybe a ticked off liberal wanting to whine for his entitlement from the US gov. Whichever it is, I want to let you in on a little secret… Freemen can see through the deception of slavery to tyranny wrapped up in a misleading gesture of compassion (Government Healthcare) do you think they dont engineer it this way? They are using the same tricks Hitler used to try and tie the hands of the people…….ah but I digress

  11. The reason our “health care system” is broken is because we have not had a free market in medical treatment for well over 50 years. When people were free to pay anyone they chose to provide medical treatment, free to buy any drug without permission, before the AMA, the medical schools, and the federal government set up a virtual monopoly on the practice of medicine, and when insurance was actually insurance rather than a pre-paid medical plan, most people could afford to obtain medical treatment. The relatively small number who truly couldn’t afford it were generally able to obtain it through charity.

    MD’s and hospitals are not controlled by the insurance companies. They could, and at least some MD’s do, refuse to deal with “insurance” accepting only patients who will pay directly. Many hospitals violate the well established concept of implied contract by charging patients who choose to pay directly as much as five times the nominal rate for identical services. That this is widespread suggests possible collusion between the hospitals and insurance companies. This is something that could easily be addressed but, like so many other legitimate reforms, is ignored in favor of a plan to move even further towards nationalized medicine.

    That 30% of the citizens of this country don’t have “insurance” is irrelavant. What matters is the number that can get medical treatment.

    So what options are there besides government? The same options that worked quite well for well over 150 years. A free market. The abuses of the insurance companies, the hospitals, and the medical industry as a whole are not the result of a free market. They are the result of anti-competitive laws put into place through a combination of lobbying by those who don’t want competition, and those in congress who don’t act based on thought and fact, but act out of misguided emotional feelings that these laws will protect people and that enough laws will somehow result in a utopia.

    As for our government promising to take care of these “unfortunates” — where is our benevolent government going to get the resources to take care of them? It is going to take, at the point of a gun, or equivalently, the threat of the point of a gun, money from some and give it to others. This is not benevolence, it is theft. And before someone says it is ridiculous to say this is done at the point of a gun then please tell me what will happen if I refuse to obey some law, and refuse to obey those who tell me to obey, and then refuse those who will eventually show up at my door to demand that I obey? Will they not be carrying guns to force me to obey or be shot?

    Yes we need honest government. Honest means that it doesn’t steal from some and give to others. Honest means that it doesn’t use its power to create special anti-competitive laws to protect the insurance companies and the medical industry from free competition under the guise of protecting people. Honest means that people who swear an oath to uphold the Constitution do so rather than write laws without regard to what the Constitution says.

    As for a “right” to be taken care of medically, there is no such thing. Everyone has an equal right to try to obtain medical care, and individuals have a moral obligation to be charitable to those who need it. But no one has a right to take money from me against my will, i.e., steal from me, regardless of what the money will be used for.

    If you want to give something to the poor, or even ask me to give something, that is fine, but don’t think that the government can magically give something to someone without first taking it from someone else.

    Dr. Trey Halson, (Ph.D., not PHd)

    • Freedom

      Thank you Doctor for setting the record straight!

  12. John Hammell

    Someone needs to update this site and put a red dot on Virginia because Virginia just passed their bill to block implementation of Obamacare- see news at http://www.liveleak.com/view?i=cc2_1268369087&amp… The VA bill passed by 80-17, even Democrats voted for it. It states that no resident of the Commonwealth will be required to purchase health care insurance or to pay a fine if they don't. More states should follow suit if Obamacare is not defeated.

    • Confused

      Just getting up to speed on this movement. Does this mean that Virginians would also not be required to pay the additional national taxes that will be required to pay for Obamacare? Whats the point of not having it, but still having to pay for it? I can see that income producers who can afford their own health care policies will move into or stay in VA, but that the non-producers and the lower income groups will move out of VA in search of "free" health care elsewhere if this were the case.

  13. Ross

    Well, today apparently Pelosi feels she has enough votes to push the HC bill through.

    I know many citizens and those here legally have lost their health insurance, either through loss of jobs or the cost of buying insurance has become prohibitive.

    Before I say this, I am not racist! However, we need to remember another of the Presidents promises, another round of amnesty for those in the country illegally

    I would hazard a guess that the numbers of the uninsured include the millions of those here illegally, who we will still have to extend health care to at hospitals.

    If the proposed HC bill is allowed to pass, how long do you think it will be before the Dems., demand Everyone in the country, regardless of status, is covered?
    One step closer to amnesty…….

  14. Rubicon

    The idea of nullification is a good one. However, with a Republican Senate & a Democrat House, plus a Democrat Governor, passage of this in Pennsylvanian is impossible. The power, at this time, is in the hands of party loyalists who despite the actions of their political party, are lining up to remain loyal. They fail to recognize this is about freedom, not politics. We long passed the politics issue when congress told the nation they would use reconciliation to pass a major policy initiative.
    Now, the majority party in Washington plans to use a House rule "trick" to pretend they passed the legislation, so the House can try to get the Senate to create another measure that fixes those flaws the House members already object to. Yet to vote for the rules trick, is to vote for passage of the Senate version of health care, since the trick contains the Senate bill.
    Democrats have finally sunken to the level of total absurdity. For them its about a partisan ideology. For America, its about freedom. With the majority of the nation objecting, it is beyond contempt of the people to try to pass legislation through the use of parliamentary trickery.

  15. Guest


    • jack

      Me too. Old America was Awesome. This Jungle Gym America sucks.

    • Tami

      Then vote for Ron Paul in 2012.

  16. barbara tacadina

    I am a Californian , I havnt seen to many post from this state. It might be because we have a obama wanna be govenator in office. I hate what is happening as well as you all. I have written letters to every political clown in calif , as well as the obamas domain. This will be the end to Dem's they better secure thier power by take over because they will not hold office again. They put Obama in office to take the Dem's to a higher level ( take over) so that ppl will be careful not to sound like rasist to elect a black clown to take the this country down Obama is taking the bullet for the Dem's probably for a pretty good price selling out America . Its probaly true about not being an American Obama is not American no more than Arnold being born American thrusting thier communism / socialistic ideals and succeeding. I own two business ans when I can't make the money I deserve as an owner operater I will walk away and add another half million to forclosure I refuse to work as hard as I do to to make nothing to support this fucked up Government ( this will not happen ) .

  17. Thomas Lowe

    I’m from Columbus, Ohio and this health care nonsense has been the straw that broke the camels back. I’ve opted to volunteer to work for my state to get Rep. Governor John Kasich to replace Ted Strickland and all democrats removed.

    The gauntlet’s been thrown down and it’s time we responded with ballet box gunstones. Conservatives we must unite, we must not let the Statist bind us in chains another day. Get involved and steer this country back to its original greatness.

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