On Nov. 16, Texas Representative Leo Berman (R-Tyler) filed a bill in the Texas House of Representatives that would nullify federal health care legislation in the the Lone Star State. HB-297 asserts:
The federal Act is not authorized by the United States Constitution and violates the Constitution’s true meaning and intent as expressed by the founders of this country and the ratifiers of the Constitution.
The federal Act:
(1) is invalid in this state;
(2) is not recognized by this state;
(3) is specifically rejected by this state; and
(4) is null and void and of no effect in this state.
The bill takes things a step further, making it a crime for any official, agent, or employee of the United States or an employee of any corporation to enforce any part of the health care act in Texas, and imposes fines up to $5,000 and/or five years in prison for anyone convicted of doing so.
While some might call this legislation radical, it rests squarely within the scope of state power as understood by the framers of the Constitution. James Madison wrote in the Virginia Resolution of 1798 that states not only have a right, but a duty to step in when the federal government oversteps its authority.
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