The Idaho State House has passed House Bill 391 (H0391). The bill, known as the “Idaho Health Freedom Act” seeks to make public policy for the state that “every person within the state of Idaho is and shall be free to choose or decline to choose any mode of securing health care services without penalty or threat of penalty by the federal government of the United States of America.”
The Tenth Amendment to the Constitution codifies in law that the federal government is one of limited, delegated powers – and that all powers not enumerated in the Constitution are reserve “to the States, respectively, or to the People.”
The Idaho Health Freedom Act specifically addresses this in regards to health care and the federal government:
STATEMENT OF PUBLIC POLICY. (1) The power to require or regulate a person’s choice in the mode of securing health care services, or to impose a penalty related thereto, is not found in the Constitution of the United States of America, and is therefore a power reserved to the people pursuant to the Ninth Amendment, and to the several states pursuant to the Tenth Amendment. The state of Idaho hereby exercises its sovereign power to declare the public policy of the state of Idaho regarding the right of all persons residing in the state of Idaho in choosing the mode of securing health care services free from the imposition of penalties, or the threat thereof, by the federal government of the United States of America relating thereto.
The bill passed by a vote of 52-18, and has already had its first reading in the State Senate.
CLICK HERE to view the Tenth Amendment Center’s health care nullification legislative tracking page