State Question No. 756: Insurance Mandates

September 27, 2010 Posted by zachary

State Question 756 seeks to nullify the recently passed Federal Health Care Overhaul’s insurance mandate language. It seeks to prohibit the Federal Government from mandating individuals buy insurance. The language is as follows:

This measure adds a new section of law to the State Constitution.  It adds Section 37 to Article 2.  It defines “health care system.”  It prohibits making a person participate in a health care system.  It prohibits making an employer participate in a health care system.  It prohibits making a health care provider provide treatment in a health care system.  It allows persons and employees to pay for treatment directly.  It allows a health care provider to accept payment for treatment directly.  It allows the purchase of health care insurance in private health care systems.  It allows the sale of health insurance in private health care systems.

The measure’s effect is limited.  It would not affect any law or rule in effect as of January 1, 2010. Nor could the measure affect or negate all federal laws or rules.  The United States Constitution has a Supremacy Clause.  That clause makes federal law the supreme law of the land.  Under that clause Congress has the power to preempt state law.  When Congress intends to preempt state law, federal law controls.  When Congress intends it, constitutionally enacted federal law would preempt some or all of the proposed measure.

I feel that the Federal Government has overstepped their bounds in mandating that everyone buy insurance. The language of the mandate unfairly burdens the people of the United States and specifically Oklahoma. This mandate punishes those who choose not to buy insurance as well as those who seek to buy the best they can afford. The Federal Government has no constitutional right to force this purchase on the people of individual states.

Vote Yes on SQ 756

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