Unintended consequences

The debate and passage of the federal health care legislation has already produced 2 unintended consequences.


The first consequence is a grassroots revolt by enraged citizens. This revolt will manifest itself in the vote totals during the midterm election in November. Supporters of this health care legislation will find that they have drunk from a poisoned chalice.

The second consequence is of far greater significance. State legislatures are passing laws banning the enforcement of the federal health care act. Virginia and Idaho have passed laws that expressly prevent the enforcement of federal health care penalties. The Virginia law is as follows:

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 38.2-3430.1:1 as follows:

§ 38.2-3430.1:1. Health insurance coverage not required.

No resident of this Commonwealth, regardless of whether he has or is eligible for health insurance coverage under any policy or program provided by or through his employer, or a plan sponsored by the Commonwealth or the federal government, shall be required to obtain or maintain a policy of individual insurance coverage. No provision of this title shall render a resident of this Commonwealth liable for any penalty, assessment, fee, or fine as a result of his failure to procure or obtain health insurance coverage.

The Idaho law is longer and may be read at the following page:

http://legislature.idaho.gov/legislation/2010/H0391.pdf

The most important sections of the Idaho law are these:

LEGISLATURE OF THE STATE OF IDAHO

HOUSE BILL NO. 391

STATEMENT OF PUBLIC POLICY. (1) The power to require or regulate a person’s choice in the mode of securing health care services, or to impose a penalty related thereto, is not found in the Constitution of the United States of America, and is therefore a power reserved to the people pursuant to the Ninth Amendment, and to the several states pursuant to the Tenth Amendment. The state of Idaho hereby exercises its sovereign power to declare the public policy of the state of Idaho regarding the right of all persons residing in the state of Idaho in choosing the mode of securing health care services.

(2) It is hereby declared that the public policy of the state of Idaho, consistent with our constitutionally recognized and inalienable rights of liberty, is that every person within the state of Idaho is and shall be free to choose or decline to choose any mode of securing health care services without penalty or threat of penalty.

This second consequence can be summarized as the States Rights Movement. The foundation for this movement is expressed in the Idaho legislation paragraph 1.

10 amendments were added to the U.S. Constitution on 12/5/1791. Collectively these amendments have become known as the Bill of Rights. The first and second amendments are well known to most citizens and are constantly discussed in the media. The ninth and tenth amendments are less well known and rarely discussed. These two amendments set the fundamental ground rules for the federal government’s activity.

Amendment 9:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment 10:

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.

The States Rights movement is in its infancy. According to the American Legislative Exchange Council, 37 states currently have legislation under consideration that is similar to those listed above. You can learn much more about this movement at the following websites:
 
http://www.alec.org/

http://www.tenthamendmentcenter.com/