Va. Fights for States’ Rights
February 12, 2010 • By John Scott,
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The Virginia Healthcare Freedom Act, submitted by Republican Delegate Bob Marshall, protects a Virginian’s right to participate in or decline to participate in a health care system. The bill is a challenge to the U.S. Senate’s version of health insurance reform which mandates that all citizens purchase health insurance. If passed and signed by Gov. Bob McDonnell, the legislation will grant Virginia Attorney General Ken Cuccinelli the power to defend any Virginia taxpayer against the Internal Revenue Service — who is directed by the congressional legislation to collect fines from individuals who refuse to purchase health insurance.
Some argue Congress has the authority to mandate the purchase of health insurance under the Commerce Clause. However, the Congressional Research Service described in 2009 the constitutional problems with the health insurance reform: “Despite the breadth of powers that have been exercised under the Commerce Clause, it is unclear whether the clause would provide a solid constitutional foundation for legislation containing a requirement to have health insurance.”
The House bill was reported from the House Commerce and Labor Committee on Feb. 4 and awaits a vote on the floor. However, the Virginia Senate version of the Healthcare Freedom Act, backed by Sens. Fred Quayle, Stephen Martin and Jill Holtzman Vogel, passed 23-17 on the floor. “[The Feb. 1] bipartisan vote illustrates just how far out of touch Democrats like Rep. Tom Perriello, D-5th, and Rep. Gerry Connolly, D-11th, are on the issue of health care,” said Pat Mullins, the Republican Party of Virginia chairman in a press release. “When Republicans asked [Virginia] Senate Democrats to join them in standing up against federal overreach, five decided to put the rights of their constituents ahead of the wishes of Washington, D.C.”
The Healthcare Freedom Act is not the only valiant attempt by the General Assembly to nullify unconstitutional federal legislation. Marshall has submitted two similarly-minded bills to the House of Delegates for consideration. One suspends state enforcement of the Clean Air Act and defers to the Environmental Protection Agency to enforce cap-and-trade provisions. It also provides that Virginia lawmakers will not implement the environmental Copenhagen Accord unless it is part of a treaty signed by the U.S. Senate. The other bill bans the use of Virginia prisons for terrorist detentions. Additionally, Republican Delegate Charles Carrico has submitted legislation nullifying federal regulation of arms and munitions manufactured and distributed within Virginia borders.
Although the concepts behind the proposals seem logical, the spirit of the legislation is purely majestic. Marshall writes in a recent newsletter, “Rights are not kept secure by silence or timidity in defending them.” These efforts encompass Virginia’s fight for its rightful power, granted by the U.S. Constitution’s Tenth Amendment, to regulate and protect its own citizens when power is not delegated to the federal government.
John Scott is a senior writing, rhetoric & technical communication major and former SGA senator.
Contact John Scott at scott2ja@jmu.edu
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It’s a shame that Mr. Scott hasn’t taken the time to research the Supreme Court’s jurisprudence on this issue. Health care reform easily falls under the Commerce Clause for several reasons, namely that insurance, although ostensibly intra-state in nature, is underwritten through companies and corporations that cross state lines. It is highly unlikely if such legislation were to pass that the Supreme Court would take the bold step of declaring it unconstitutional. Second, after such legislation were to pass, the Supremacy Clause would apply. So any action taken by a state would be moot. It is a grand gesture and nothing more. A feable attempt by a republican politician to grand stand, knowing full well his act is frivolous.