Since the Supreme Court’s infamous 4-1-4 ruling on the Affordable Care Act in June, nearly two dozen states have grappled with whether or not to comply with the first of many forthcoming deadlines found in the rules written (and still being written) by the functionally unconstitutional entity known as the Department of Health and Human Services (DHHS).

November 16th is the deadline, and a flurry of letters are finding their way to Kathleen Sebelius’ desk this afternoon telling her they will not comply with the requirement to set up an exchange. The great debate has been over the enticement written into the law:

  • Either states create the exchanges, and the Feds will not only pay for the administrative costs but also the cost increases of expanding Medicare and Medicaid, or…
  • The Federal government will set one up for them and not give states the authority to direct their exchanges.

The false choice was tantalizing for many governors and state legislators, but tens of thousands of organized Constitutionalists stared their governments in the eye and told them to act like the soveriegn states they are. The Federal government never intended to NOT direct states and their exchanges, they merely wanted to entice states into giving up their Constitutional functions and legal rights to implement a federally-mandated atrocity. It was a destruction of the dual-federalist roles of state and federal functions while disgused as a “states’ rights” issue, pitting Conservative against Conservative for several months. Thankfully, nearly half of all states have opted out of the first step in Obamacare’s tentacle-growing implementation.

So, from Jan Brewer (R-AZ) to Rick Scott (R-FL) and Scott Walker (R-WI) to Rick Perry (R-TX), governors nationwide are taking the political gamble of forcing the Feds to not only implement the illegal healthcare exchanges, but also bear the cost of them. Thanks to a small, but significant silver-lining in the June SCOTUS ruling, the Feds are not allowed to alter Medicare/aid funding as any kind of penalty or compensatory difference for not complying. So the Federal government is on the hook for the entire bill, which will force voters to truly grapple with the consequences of unconstitutional, progressive policies. It also protects the thinning veil between state and federal roles. It’s very simple: managing the health care industry is not found among the enumerated powers of Article One, and is therefore not a legitimate constitutional function of the Federal government.

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