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Tuesday, July 6, 2010

Fwd: Warning: Dismissing State Sovereignty May Be Hazardous to Your Health



 

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Warning: Dismissing State Sovereignty May Be Hazardous to Your Health

The recently passed health care bill represents an unprecedented federal incursion into state sovereignty, and thereby threatens the core of American federalism. It not only requires every American to purchase health insurance; it also turns state governments into mere instruments of the national government's authority.

In his latest backgrounder "Revitalizing Federalism: The High Road Back to Health Care Independence," Robert Moffit argues that states must respond forcefully to the legislation's federal intrusion into state sovereignty. Rather than passively waiting to respond to federal regulations, states ought to assert their proper role in the health care debate. If states do not actively fulfill their roles, people may look to the federal government for assistance in times of need.
Such an expansion of the federal government's power not only damages state sovereignty but also threatens individual liberty.

The federalist system is one of the most important safeguards against tyranny in American politics. In this system, state and federal governments have separate spheres of authority to form "a double security" for the people, as James Madison wrote. The tension between state and federal government created a "certain rivalship" that would protect American liberty. The founders established a Constitution of enumerated powers to protect individual liberty and carve out a distinct role for the states. The Tenth Amendment which and furthermore explicitly supports federalism stating "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Thomas Jefferson warned that "to take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, not longer susceptible of any definition." The recently-passed health care legislation represents such a transgression of the constitution boundaries. States must respond to this federal intrusion with force and vigor. Several states have already filed lawsuits to halt the
mandate's enforcement. Others have enacted legislation that would challenge this incursion on constitutional grounds. Such firm action is necessary to protect America's federalist system and the future of American liberty.

 Read More about the Challenges to Federalism in the Health Care Bill 

                      
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