However, the Tenth Amendment Center adds another cautionary note in a news release issued today, reposted below in full. (The release was e-mailed to The Ohio Republic, but you may view a similar blog post on the Tenth Amendment Center site). The Center believes the ruling, by accepting federal authority over health care in general, is not going far enough to protect us from government intrusion, and may actually be a "Trojan horse:"
While many conservatives laud yesterday's ruling by U.S. District Judge declaring the federal health care bill passed last year unconstitutional, analysts at the Tenth Amendment Center displayed significantly less enthusiasm, calling the ruling a Trojan Horse.
“According to Vinson – and just about everyone else in the federal judiciary – the federal government actually does have the authority to control, reform, and regulate the health care industry. They’re just going about it wrong,” TAC executive director Michael Boldin said. “This is seriously dangerous for those who believe that the founders’ Constitution needs to be followed: every issue, every time, no exceptions, no excuses.”
As James Madison explained, the commerce clause was intended to make trade “regular” between the states, primarily to prevent interstate tariff wars. Madison wrote:
“It is very certain that [the commerce clause] grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government.”
In other words, the framers never envisioned Congress regulating entire industries.
“The feds are authorized to make commerce in health care across state lines, 'regular' – that’s for sure. But this power is far less than anything that’s been proposed by either political party in….well, probably about forever,” Boldin said.
The Center's director pointed out a "better option" for those yearning for just a little decentralized freedom.
“State nullification of the federal health care law – every single word of it, as it should be.”
In fact, 11 states have bills before their legislatures in an attempt to do just that.
As reported earlier, a bill has already been introduced requiring the Ohio General Assembly to approve any expenditures by a state agency in support of the Patient Protection and Affordable Care Act (HB 11); and the Ohio Project continues to gather signatures on its petition.
Perhaps a sounder and more efficient strategy would be for the Ohio General Assembly to pass an act similar to the one introduced in those 11 states.