Florida Attorney General promises lawsuit against unconstitutional health care bill

AG BILL MCCOLLUM LEADS CHALLENGE BY STATE ATTORNEYS GENERAL AGAINST  OVERREACHING FEDERAL GOVERNMENT

by Sharon Rondeau

Florida's state seal was adopted in 1868, shortly after the first state constitution was written

(Mar. 21, 2010) — Florida Attorney General Bill McCollum has written a letter to Jon Bruning, President of the National Association of Attorneys General, inviting him to “join me in preparing a legal challenge to the constitutionality of whatever individual mandate provision emerges, immediately upon the legislation becoming law.”  The letter was sent March 16, 2010 and includes an analysis of what McCollum perceives as unconstitutional provisions of the bill being contemplated by Congress.

Among his many objections to the bill, McCollum cites:  “…the individual mandate, whether levied as a tax or as a tax penalty, is a capitation or direct tax that is not apportioned evenly among the states as is constitutionally required.”  The closing paragraph of the six-page document states, “While affected citizens of every state may pursue judicial relief from the individual mandate provisions, states have standing to sue the federal government to protect their sovereign and quasi-sovereign interests.”

According to his website, McCollum has also called for a group of state agencies to analyze the financial impact of any federal health care legislation on his state.  Participating would be the Office of Insurance Regulation, the Department of Children and Families, and the Department of Health, among others.

McCollum is a candidate for governor of Florida.  He has stated that the Florida Constitution has a provision which guarantees “the right to be let alone and free from governmental intrusion into [their] private life.”

On Thursday, March 18, South Carolina Attorney General Henry McMaster announced that he would join McCollum in legal action if federal health care legislation is passed.  McMaster reportedly said, “”It is my belief and that of other attorneys general that this is clearly unconstitutional. That’s why we’re moving forward. We need to protect the sovereignty of our states and the liberty of our people.”

Virginia’s Attorney General Ken Cuccinelli also plans to launch a lawsuit if Congress passes health care legislation.  According to The Washington Post, Cuccinelli has also written a letter to Nancy Pelosi challenging her consideration of the “deem and pass” measure which would “deem” the Senate’s version of the bill passed without actually taking a vote.  Cuccinelli stated in his letter to Pelosi that that option would “expose any act which may pass to yet another constitutional challenge.”

The Commonwealth of Virginia passed a Health Care Freedom Act on March 13, 2010 which will enable it to opt out of any federal mandates.  Idaho followed suit on March 17.

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5 Responses to "Florida Attorney General promises lawsuit against unconstitutional health care bill"

  1. Brian H   Tuesday, March 23, 2010 at 3:11 PM

    “Mr. Soetero-Obama, you co-sponsored SR511 which specified McCain had to have two American citizen parents to qualify as a Presidential candidate. Why don’t you require them?”

    Every interview should include that question.

  2. wodiej   Monday, March 22, 2010 at 7:35 AM

    is this what it takes for people to finally look into Obama’s ineligibility to serve as president?? Even if he was born in Hawaii as he claims, his father was a british citizen at the time of his birth-he admits it. That makes him constitutionally ineligible. He is hiding not only his real BC but all of his personal records which no doubt are very revealing.

  3. Pingback: Madison and Federalism take on health care : The American MAXIM

  4. live oak   Sunday, March 21, 2010 at 11:52 AM

    I’m with you Benaiah! I am so relieved that McCollum is doing this, however they need to hurry up and make it a law the way Virginia did. I want him to force the eligibility and then I will vote for him for governor. He will not get my vote until he does.
    Thanks for the link! I will contact him tomorrow.

  5. Benaiah   Sunday, March 21, 2010 at 11:06 AM

    An Open Letter to the Bill McCollum,

    In addition to challenging the constitutionality of the individual mandates of Obamacare, you should also file Quo Warranto challenging Obama to prove that he is constitutionally “eligible to the office of President” under Article II, Section 1, Clause 5 of the Constitution of the United States. If Obama is not “eligible to the office of President”, he doesn’t have the authority to sign the bill into law.

    If you objectively research the eligibility issue, you will conclude that Obama is not “eligible to the office of President”.

    Benaiah

    Florida Attorney General promises lawsuit against unconstitutional health care bill

    Florida Attorney General Bill McCollum has written a letter to Jon Bruning, President of the National Association of Attorneys General, inviting him to “join me in preparing a legal challenge to the constitutionality of whatever individual mandate provision emerges, immediately upon the legislation becoming law.” The letter was sent March 16, 2010 and includes an analysis of what McCollum perceives as unconstitutional provisions of the bill being contemplated by Congress.

    Among his many objections to the bill, McCollum cites: “…the individual mandate, whether levied as a tax or as a tax penalty, is a capitation or direct tax that is not apportioned evenly among the states as is constitutionally required.” The closing paragraph of the six-page document states, “While affected citizens of every state may pursue judicial relief from the individual mandate provisions, states have standing to sue the federal government to protect their sovereign and quasi-sovereign interests.”
    ——————
    Mrs. Rondeau replies: Here is the link for people to contact him accordingly: http://myfloridalegal.com/contact

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