With the passage of National Health Care, full of “Cornhusker Kickbacks” and unfunded mandates, looming large on the horizon, many states’ Attorneys General have begun to challenge the constitutionality of “Obamacare”. But on what grounds? Unfortunately not on the grounds that they should be. They merely claim that the “kickbacks” to ensure passage are unconstitutional, but their focus should lie on the constitutionality of the bill itself. Is Health Care a good or a right? That is where the question lies, and when you answer that, then it becomes clear why State Legislatures must act… and many have begun to do just that.
And now we can add Ohio to that list with the introduction of the Ohio Health Care Freedom Acts in both the Ohio State Senate (SJR-7) and the Ohio House of Representatives (HJR-3). Nullification, state-level resistance to unconstitutional federal laws, has a long-standing tradition in the united States. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as that state is concerned.