JUNEAU, Alaska (April 11, 2011) – The Alaska House flexed its muscle today, overwhelmingly passing two bills asserting Alaska state sovereignty.
When states seek to nullify unconstitutional acts, opponents immediately run to the supremacy clause of the U.S. Constitution, asserting federal acts trump state law. HB 8 makes clear the proper scope of ArticleVI.
A federal statute, regulation, presidential executive order, or secretarial order that is unconstitutional or was not properly adopted in accordance with federal statutory authority may not be considered to preempt a state law.
The bill further gives the House and Senate committees exercising jurisdiction over judicial matters the authority to consider whether legislative action is necessary in response to any unconstitutional act the state attorney general finds conflicting with Alaska law.
If signed into law, the act would effectively set the stage for legislative nullification of unconstitutional acts.
HB 8 passed the House 29-10 with one abstention.
Language in the bill succinctly defines the limits of the supremacy clause.
Federal statutes, regulations, presidential executive orders, and secretarial orders that are unconstitutional or not properly adopted in accordance with constitutional and statutory authority are not laws of the United States for the purposes of the Supremacy Clause; and federal regulations, presidential executive orders, and secretarial orders that are not properly adopted in accordance with statutory authority may not preempt state laws that are not in conflict with federal statutory authority, regulations, and secretarial orders properly adopted in accordance with that statutory authority.
The Alaska House also approved a health care freedom act. HB1 passed 23-16 with one lawmaker abstaining.
The bill simply declares that, “it is the policy of the State of Alaska that a person has the right to accept or decline any offered mode of obtaining health care services without penalty or threat of penalty.”
While providing no penalty or sanction for any agent enforcing mandatory participation in the federal insurance exchanges, the law does serve notice to Washington that the state stands by its citizens’ right to choose their own health care.
Alaska joins a growing list of states pushing back against the federal health care act. On March 11, Tennessee Governor Bill Haslam signed a health care freedom act into law. Both houses of the Virginia legislature passed a similar bill, only to have it vetoed by Gov. Bob McDonnell. Alaska joins Iowa, Florida and Kansas in passing health care freedom through one legislative house.
Last year, half a dozen states made health care freedom the law of the land within their borders.
Twelve states have taken the fight against federal health care to the next level, proposing legislation that declares the act null and void within state borders.
CLICK HERE – for information on the “Federal Health Care Nullification Act” which directly nullifies the “Patient Protection and Affordable Care Act” signed into law by Barack Obama on 03-23-10.
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