Monday, March 19, 2012

Fla. challenges 'Obama-Care' by going after... Medicaid?

When the Supreme Court hears arguments over President Obama's health care law this week, according to NPR, one item on the table will be a gov't program that has been in place for nearly 50 years: Medicaid.

Because the Affordable Healthcare Act expands on Medicaid, "opponents say the expansion is unconstitutional because it challenges states' authority and forces them to spend more."

‎NOTE TO FLORIDA STATE LEGISLATORS: First, "It costs too much," isn't a constitutional argument.

With 306 million Americans, there isn't a single government expenditure in the federal budget that is supported by a full 100% of the population, and spending a single dime of the taxpayers' money on a government program they oppose is going to be, obviously, "too much," for someone.

Secondly, the constitutional question the Supreme Court will have to address is whether or not individual states can be compelled to pay for the costs of a law passed in Washington, D.C., without the state's "permission".

I refer Florida state legislators wasting the taxpayers' money pursuing this Supreme Court case to read both the Constitutional authority for Congress to both pass laws and levy taxes, found in Article I, Sec. 8, and the Constitution's Supremacy Clause (Article VI, Sec. 2), which clearly says that federal law will be the "supreme law of the land."

Even if some red states - like Florida - don't like it.

Republicans in Florida are today making the same legal argument to stop Medicaid and the Affordable Health Care Act, fighting for the right to keep their residents sick, that the southern Confederate states made on behalf of slavery, 150 years ago. It's called 'nullification' and is a discredited legal argument that says if a state doesn't like a particular federal law, they presume to have the authority to simply ignore it.

The argument didn't go over so well in the 1860's, either.

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