Tenth Amendment model legislation

Scores of Obamacare-related bills introduced by lawmakers in state legislatures take their cues from “model” legislation written by advocacy groups, in some cases using identical language. This model bill seeks to nullify the law.

Tenth Amendment model bill

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  • SECTION 1. The legislature of the State of ____________ finds that:
  • 1. The People of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more.
  • 2. The Tenth Amendment to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves.
  • 3. The assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” interferes with the right of the People of the State of _____________ to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Federalist #45 that the “powers delegated” to the Federal Government are “few and defined”, while those of the States are “numerous and indefinite.”
  • SECTION 2. NEW LAW, PROHIBITION ON ENFORCEMENT, PARTICIPATION, AND MATERIAL SUPPORT IN CERTAIN FEDERAL ACTS
  • A new section of law to be codified in the [STATE] Statutes as Section [NUMBER] of Title [NUMBER], unless there is created a duplication in numbering, reads as follows:
  • A. Notwithstanding any law, regulation, rule or order to the contrary, no agency of this state, political subdivision of this state, or employee of an agency or political subdivision of this state acting in his or her official capacity, or corporation providing services on behalf of this state or a political subdivision of this state shall:
  • (1) Enforce any federal act, law, order, rule or regulation of the federal government of the United States designed to give effect to the Patient Protection and Affordable Care Act, signed by President Barack Obama on March 23, 2010.
  • (2) Provide material support, participation or assistance in any form, with any federal agency or employee engaged in the enforcement of any federal act, law, order, rule, or regulation of the federal government of the United States designed to give effect to the Patient Protection and Affordable Care Act.
  • (3) Utilize any assets, state funds or funds allocated by the state to local entities on or after (DATE), in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the enforcement of any federal act, law, order, rule, or regulation of the federal government of the United States designed to give effect to the Patient Protection and Affordable Care Act.
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Mississippi S.B. 2643 (as introduced)

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  • SECTION 1. The Legislature of the State of Mississippi finds that:
  • (a) The people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more.
  • (b) The Tenth Amendment to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves.
  • (c) The assumption of power that the federal government has made by enacting the "Patient Protection and Affordable Care Act" interferes with the right of the people of the State of Mississippi to regulate health care as they see fit, and makes a mockery of James Madison's assurance in Federalist #45 that the "powers delegated" to the federal government are "few and defined," while those of the states are "numerous and indefinite."
  • SECTION 2. Prohibition on enforcement, participation and material support in certain federal acts.
  • (1) Notwithstanding any law, regulation, rule or order to the contrary, no agency of this state, political subdivision of this state, or employee of an agency or political subdivision of this state acting in his or her official capacity, or corporation providing services on behalf of this state or a political subdivision of this state shall:
  • (2) Enforce any federal act, law, order, rule or regulation of the federal government of the United States designed to give effect to the Patient Protection and Affordable Care Act, signed by President Barack Obama on March 23, 2010.
  • (3) Provide material support, participation or assistance in any form, with any federal agency or employee engaged in the enforcement of any federal act, law, order, rule or regulation of the federal government of the United States designed to give effect to the Patient Protection and Affordable Care Act.
  • (4) Utilize any assets, state funds or funds allocated by the state to local entities on or after July 1, 2014, in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the enforcement of any federal act, law, order, rule or regulation of the federal government of the United States designed to give effect to the Patient Protection and Affordable Care Act.
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