Ben Swann: Georgia Will Introduce Legislation To Nullify Obamacare & Sue The Federal GovernmentSubmitted by fonzdrew on Thu, 12/12/2013 - 16:43
State Representative Jason Spencer (R-Woodbine) will hold a press conference on next Monday, December 16th, in the south wing of the Georgia Capitol building. Representative Spencer and several other legislators will meet to discuss two bills that will be introduced in the upcoming 2014 legislative season.
“The bill’s main thrust is to prohibit state agencies, officers and employees of the state from implementing any provisions of the Affordable Care Act, leaving implementation entirely in the hands of the federal government, which lacks the resources or personnel to carry out the programs it mandates,” said Rep. Spencer.
The bill’s bite is rooted is anti-commandeering doctrine. This doctrine, which has been well established by the United States Supreme Court (Printz v. United States), dictates that the federal government cannot force state legislatures to enforce federal laws.
According to Justice Scalia’s majority opinion in Printz v. United States, state legislatures are not subject to federal direction. Although Congress may enforce its own laws, they may not force the states to carry out their duties in such laws. According to the Court, the Constitution establishes a system of dual sovereignty where states and the federal government exercise concurrent authority. Giving Congress the power to force states in to service would greatly enhance federal power, and the Court ruled this could not stand.