The tenth amendment to the US Constitution has been bantered back-and-forth among a lot of conservatives as “the solution” to fix problems stemming from the federal government. The South Carolina legislature has taken the first steps to “gut Obamacare” in their state. Now Georgia is following South Carolina’s lead:
State representative Jason Spencer (R-Woodbine) along with three other representatives will be holding a press conference on Monday, Dec. 16 to discuss the proposal.
“The bill’s main thrust is to prohibit state agencies, officers and employees of the state from implementing any provisions of the Affordable Care Act, leaving implementation entirely in the hands of the federal government, which lacks the resources or personnel to carry out the programs it mandates,” said Rep. Spencer in a press release.
Based on the long-standing legal principle, the anti-commandeering doctrine, the legislation is on strong legal grounds. In four major cases from 1842 to 2012, the Supreme Court has consistently held that the federal government cannot “commandeer” states, requiring them to enforce or expend resources to participate in federal law or regulatory programs.
[Judge Andrew] Napolitano noted that the plan was not only legal, it would be highly effective. “If enough states do this, it will gut Obamacare because the federal government doesn’t have the resources … to go into each of the states if they start refusing.”
I’m not a constitutional expert/scholar/unicorn, nor do I claim to be. I don’t know if this will work, but perhaps it will. Not to be pessimistic, but I don’t see this as being a priority for the leadership in either chamber.
Of course, a lot members of the General Assembly read our fine blog, so it could suddenly pop up on the radar if there’s enough buzz among the Republican caucus in both chambers. It is an election year after all, and the Obamacare #failwhale will probably be on the minds of primary voters in May. No doubt a lot of anti-incumbent candidates will harp on this while campaigning. I just hope Charlie’s liver is up for the debate on this #constitutional option as it winds its way through the whirlwind that will be the 2014 legislative session.