State Power Solutions and Obamacare Ruling
Today a Federal Judge in Florida ruled Obamacare is unconstitutional due to the individual mandate. Because the mandate is so integral to all of the Obamacare law, he suggested the entire document is not valid. Unfortunately, we have a few years more before this will likely reach the Supreme Court. Until that time, many other dictates will be handed down to insurance companies, the people, and the Corporations that provide healthcare insurance to employees.
All of this does not change the fact, the system is broken. The states who are loudly protesting the intrusion of the federal government into healthcare, must continue finding solutions at state level to avoid this overreach by the Federal government. Below you will find a summation of various state options that I have been researching over the past months. To protect state rights and the rights of individuals, one must strengthen the ability of the states to provide the appropriate solutions for their citizens.
Today, I am sharing an idea posited by the Honorable Ted Cruz, of the Texas Public Policy Foundation (TPPF) and Mario Loyola. Mr. Cruz was a featured speaker at the yearly conference of the TPPF in Austin, and a lot of education on state rights/powers was gained from this remarkable statesman.
The latest policy paper focuses on the Interstate Compacts in Our Constitution. An interstate compact is the agreement between two or more states of the United States of America. Many interstate compacts have been created through the years. Our Constitution dictates specific “behaviors” if you will, of the Compacts. Interstate Compacts can regulate matters within the enumerated powers of the federal government that require congressional consent. In prior instances of Interstate Compacts, it was accomplished by a bill or resolution that was subsequently presented to the President for his signature. Yet, in other cases it has been an “implied” consent.
The following links are just a few examples to familiarize my readers with the numerous ways the Interstate Compacts have been used in America. Here are just a few examples of current Interstate Compacts that are successfully working today:
Operating agencies created by interstate compact
- Atlantic States Marine Fisheries Commission (Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, and Florida) http://en.wikipedia.org/wiki/Atlantic_States_Marine_Fisheries_Commission
- Colorado River Compact (Colorado, New Mexico, Utah Wyoming, Nevada, Arizona, and California) http://en.wikipedia.org/wiki/Colorado_River_Compact
- Driver License Compact (all States except Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin)http://en.wikipedia.org/wiki/Driver_License_Compact
- Education Commission of the States (all States (except Washington), three territories, and Washington, D.C.) http://en.wikipedia.org/wiki/Education_Commission_of_the_States
- Great Lakes Commission (Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin) http://en.wikipedia.org/wiki/Great_Lakes_Commission
- Gulf States Marine Fisheries Commission (Alabama, Florida, Louisiana, Mississippi, and Texas) http://en.wikipedia.org/wiki/Gulf_States_Marine_Fisheries_Commission
- Northwest Power and Conservation Council (Oregon, Washington, Montana, and Idaho) http://en.wikipedia.org/wiki/Northwest_Power_and_Conservation_Council
- Port Authority of New York and New Jersey (New Jersey and New York) http://en.wikipedia.org/wiki/Port_Authority_of_New_York_and_New_Jersey
- Washington Metropolitan Area Transportation Authority (Maryland, Virginia, and Washington, D.C.) http://en.wikipedia.org/wiki/Washington_Metropolitan_Area_Transportation_Authority
Looking at the links above, it is apparent there can be any number of reasons to institute an interstate compact. Could they be used for common sense health exchanges? Could they be used for specific healthcare options that are supported at state level? The potential for this solution is vast, as many applications can be used within this framework.
Refer to the policy perspective from the Honorable Ted Cruz and Mario Loyola for more detail on the use of interstate compacts:
The use of state compacts has been used primarily when a group of states have something in common that needs regulation at a state level. We now have multiple approaches to take back the power of the state. The biggest question arises because there doesn’t appear to be any definition of how deeply a compact can intrude on the federal law.
When the federal government is all powerful, citizenry lose the ability to hold them accountable. Policies should reflect the values of those citizens. The interstate compact is a tool for states to fight back against Federal overreach and more specifically Obamacare. It is the right of a state to determine their course.
Here are the links to my prior work on the Tenth Amendment and Nullification as well:
Tenth Amendment Rights Townhall (Part 3)
Tenth Amendment Rights Townhall (Part 2)
We are Americans, and perseverance is one of our finest traits. The Constitution and our laws have provided us with solutions that protect the states and it’s people. Now is the time to stop the erosion of those state rights by utilizing the tools given in our rule of law.
“I consider the foundation of the Federal Constitution as laid on this ground: That “all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States of to the people.” (Tenth Amendment) To take a single step beyond the boundaries thus specifically drawn around the powers of Congress is to take possession of a boundless field of power, no longer susceptible of any definition.” Thomas Jefferson