Just Say No

Health care nullification

Brian Doherty from the October 2009 issue

No matter what the federal government winds up doing about health care, the people of Arizona will be able to vote in 2010 to retain their right to the health plan of their choice.

In June the Arizona legislature voted to place the Arizona Health Freedom Act on the ballot for voter consideration, six months after an earlier version of the initiative failed by fewer than 9,000 votes. If the measure passes, a new constitutional amendment will protect Arizonans’ right to spend their own money on any legal health care service and to opt out of any health care system imposed upon them.

Whether they would in practice have the right of exit from federal health care programs is a question that would be settled by the courts. State nullification of federal law has an awkward and difficult history, dating back to attempts by Kentucky and Virginia to ignore the Alien and Sedition Acts in the 1790s and South Carolina’s unsuccessful efforts to ignore two federal tariffs in the 1830s.

Still, the recent history of the Real ID Act, a homeland security measure that was scuttled by state resistance, suggests that if other states follow Arizona’s lead, their coordinated action could prove fatal to national health mandates. Christine Herrera, who tracks health care issues for the conservative American Legislative Exchange Council, says similar bills are being considered in at least five more states. 

Comments

Pingback| 10.20.09 @ 7:21AM

JUST SAY NO: HEALTH CARE NULLIFICATION « Waveland Watchers links to this page. Here’s an excerpt:

…Council, says similar bills are being considered in at least five more states. Source: Brian Doherty, “Just Say No: Health care nullification,” Reason, October 2009. For text: http://reason.com/archives/2009/10/01/just-say-no For more on Health Issues: http://www.ncpa.org/sub/dpd/index.php?Article_Category=16 This entry was posted on October 20, 2009 at 5:20 AM and is filed under Uncategorized. You can follow any…

Pingback| 10.20.09 @ 11:36AM

ARIZONA HEALTH FREEDOM ACT « The Sapient Sparrow links to this page. Here’s an excerpt:

…on the sparrow, and He surely watches me." --Mrs. Doolittle, 1905 Archives Select Month October 2009 September 2009 ARIZONA HEALTH FREEDOM ACT Posted on October 20, 2009 by lhurley13 This article from Reason Magazine is worth a thoughtful read and additional contemplation.  The Arizonans, as well as the five other states that are also considering this type of legislation, may be onto something that may, at the very…