Little-Acorn
03-23-2010, 10:41 AM
Many threads have wondered if the States can refuse to participate in the new Federal Socialized Medicine program. Specifically, can states make laws saying no citizen of that state can be forced to buy insurance they don't want, or fined if they refuse to buy it?
Normally, no. If the Fed makes a law saying that everyone with an income of $50,000/yr must pay Federal Income Taxes of $6,000, then no state can make a law saying that state's citizens only have to pay a Fed income tax of $2,000. Because the Fed is authorized by the Constitution to levy that tax in that way if it wants. (And boy, does it want!). See Article 6, Para. 2 of the Constitution.
But if the Fed makes a law saying that everybody must buy a Ford for their next car, or must buy, say, Health insurance whether they like it or not, or else pay the Fed a fine if they don't... that law is unconstitutional, since the Const gives the Fed no such authority to make those laws. Arguments about the Welfare Clause or Commerce Clause have long been debunked. And the Supreme Court has long ruled that any law that is contrary to the Constitution, is null and void - it is no law at all.
Normally, no. If the Fed makes a law saying that everyone with an income of $50,000/yr must pay Federal Income Taxes of $6,000, then no state can make a law saying that state's citizens only have to pay a Fed income tax of $2,000. Because the Fed is authorized by the Constitution to levy that tax in that way if it wants. (And boy, does it want!). See Article 6, Para. 2 of the Constitution.
But if the Fed makes a law saying that everybody must buy a Ford for their next car, or must buy, say, Health insurance whether they like it or not, or else pay the Fed a fine if they don't... that law is unconstitutional, since the Const gives the Fed no such authority to make those laws. Arguments about the Welfare Clause or Commerce Clause have long been debunked. And the Supreme Court has long ruled that any law that is contrary to the Constitution, is null and void - it is no law at all.