Republicans in the Minnesota House are pushing legislation that would ban the Affordable Care Act from being implemented in the state under the grounds that it violates the Tenth Amendment to the U.S. Constitution. The bill calls the law “unconstitutional,” declares it “void” in Minnesota and directs all state agencies to halt implementation of any aspect of health care reform.
“The Patient Protection and Affordable Care Act (PPACA), enacted by the federal government, is inconsistent with the powers reserved under the ninth and tenth amendments, is an encroachment upon those reserved powers, and is an exercise of authority not delegated to Congress,” HF1351 states.
The authors point to a decision by a conservative Florida judge as justification for the Minnesota Legislature to rule health care reform unconstitutional.
The bill says, “The legislature of the state of Minnesota, on behalf of the citizens of this state and to secure the blessings of liberty, hereby asserts its legitimate authority to interpose between its citizens and the federal government, when it has exceeded its constitutional authority and declares that the state shall not participate in PPACA, which is void and of no effect.”
If the bill became law, it would prevent all employees of the state of Minnesota from implementing any aspect of the Affordable Care Act and would provide citizens the option to sue if any employees did.
The legislation was introduced by Reps. Chris Swedzinski of Ghent, Kurt Daudt of Crown, Steve Gottwalt of St. Cloud, Doug Wardlow of Eagan, King Banaian of St. Cloud, David Hancock of Bemidji, Bruce Vogel of Willmar, Paul Torkelson of Nelson Township, and Glenn Gruenhagen of Glencoe.
Much of the text of the bill appears to be lifted from a similar one passed in the Idaho House in February.