Tuesday, April 6, 2010
Legislature AG States the Obvious: Tea Party's Health Freedom Act Is Unconstitutional
Posted by Jeff Woods on Tue, Apr 6, 2010 at 10:20 AM
The bill purports to nullify federal health care reform and orders the state attorney general to defend any proud Tennessean who refuses to obey the law's mandate to buy insurance. But guess what? Attorney General Bob Cooper, in a just-released opinion, states the Health Freedom Act is unconstitutional. Federal law trumps state law, Cooper explains, because of this little thing called the Supremacy Clause in the U.S. Constitution. Here's the key sentence in the opinion, which probably was one of the easiest the AG's office ever wrote:
The Supremacy Clause provides that the laws of the United States "shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding," U.S. Const. art. 6, cl. 2.
Furthermore, Cooper opines, the legislature can't make the attorney general do anything. That's because of another minor detail known as the separation of powers.
The bill's sponsor, Rep. Mike Bell, R-Riceville, urged the committee to ignore all this. Who cares if this legislation is pointless?
"The AG is one man’s opinion. ... This is something we can allow the courts to settle. ... Any bill that we pass can be challenged on its constitutionality and this one very well may be at some point, but it would be my intention to go forward with this bill."
But then that wily old Speaker Emeritus Jimmy Naifeh started reading the AG's opinion out loud in a kind of filibuster, and the bill's supporters eventually surrendered and voted to adjourn.
Earlier, in a hilarious bit of political theater, Naifeh tried to amend the bill to say that anyone who chooses not to obey the new federal health care law also loses any right to participate in any other federal health care program, including Medicare. That might have given second thoughts to some of the tea party geezers who have clogged the Legislative Plaza's hallways lately in support of this bill.
"If they don’t want the government fooling around with them, this ensures that the government is not going to fool around with them," Naifeh said before the committee tabled his amendment.
Pith predicts tea party protesters will return en masse to the Capitol to boo, jeer and scream "you lie!" at the attorney general's office building when the bill comes back before the committee next week.
Comments (12)
Showing 1-12 of 12
Of course, if the "supreme" law in question is found to be unconstitutional then all bets are off.
like
dislikeIts actually not "one man's opinion," seeing as its signed by the AG, the Solicitor General, and Senior Counsel Sue Sheldon.
Glad to see someone finally brought the topic of Medicare into the mix, though I would've liked to have seen them ask the AG if these bills would have an impact on that program assuming it were legal in the first place.
Bravo to Bob Cooper and Jimmy Naifeh. This bill and any suit against the federal government are a waste of taxpayer money that Tennesseans can't afford.
And Tea Party Geezers? That Medicare and Social Security you're holding onto so tightly are federal government programs. If you don't like the gubmint interfering in your life, then you should just voluntarily give up your gubmint benefits.
The only comment I have about this is to all the fools who keep talking about Socialism as if they have a clue. Social Security, Medicare/Medicaid, welfare, immigration registration, licensing a business, the Draft (now known as Selective Service), State supported education, Interstate Highways, etc. are all socialist ideals. Most of you complaining have NEVER served your country anyway. So shut up or say something intelligent.
Federal law trumps State law BUT ONLY WHEN FEDERAL LAW IS CONSTITUTIONAL. Obamcare, the entire legislation, is unConstitutional because not authorized in Article I, Section 8, where a program must be authorized to be Constitutional. There is no authorization anywhere in the Constitution for the Federal Government to be involved in "health care." I am addressing here only the CONSTITUTIONAL question and not court rulings. Court rulings are NOT the Constitution, NOT law.
John Lofton, Editor, TheAmericanView.com
Communications Director, Institute on the Constitution
Host, “The American View” Radio Show
Recovering Republican
JLof@aol.com
Ooh, that makes me so maaaaaad!!!!! I'm going down right now to Bob Cooper's office to let the air out of his tires.
Bob Cooper, don't tread on me!!!!!
Ok, I just returned. I didn't know which car was his so I let the air out of all the tires in the parking lot. Some socialist security guard spotted me but I guess he was too high on whatever he was smoking to catch good ole Angry White Patriot! Ha! That was the most fun I've had in a long time, at least since the Tea Party Convention!!!!!
And Rep. Mike Bell learned all about U.S. Constitutional law while he was enrolled in Pressure-Washer School...
I loved hearing Frank Nicely this morning, on the AG's opinion, "Well, he has more respect for the Federal government than I do."
Frank! Your side lost! Slaves are free! Sorry, dude!
At best the AG has misquoted the Constitution. Article VI says "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof....shall be the supreme law of the land. The Constitution grants specific powers to Congress for making laws in Article I Section 8 and retains all others powers for the States in the Tenth Ammendment. The power of Congress to legislate healthcare and mandate all individuals in the US to buy insurance can not be reasonabley read into the Constitution. Just because Congress passes a law doesn't mean it passes the test of Article VI as to being pursuant to the Constitution
