Governor Rick Scott (R-FLA), had this to say about Florida creating healthcare exchanges by Obama’s January 2014 deadline, “Just saying ‘no’ is not an answer.”
The statement, which seems to be a change in Scott’s stance on the healthcare law, shows the obedience of Florida state leadership in submitting to the feds.
Moreover, Florida State Senator Don Gaetz (R-Destin) made this comment.
“I don’t like this law, but this is the law, and I believe I have a constitutional duty to carry it out.” This raises the question; what should be the duty of state governments?
The Supremacy Clause of the U.S. Constitution states, “This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land.”
Clearly, the Constitution establishes federal law as supreme. However, what if federal mandates go beyond their constitutionally enumerated powers? The answer, comes from Thomas Jefferson, in the Kentucky Resolutions of 1798, “But, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non fœderis) to nullify of their own authority all assumptions of power by others within their limits.”
In June of 2012, the U.S. Supreme Court declared the Affordable Care Act constitutional. The Judicial Branch of the federal government, ruled in favor of more federal infringement, and more federal powers, going beyond their constitutionally delegated powers. The question now becomes, who should decide the limits of the federal government? The answer can again be found by looking to Thomas Jefferson.
“That this government, created by this compact, was not made the exclusive or final judge of the extent of the powers delegated to itself, since that would have made its discretion, and not the Constitution, the measure of its powers.”
Instead of looking for ways to justify the ever expanding federal government, the duty of the state is to check federal power, nullify unjust laws, and protect citizens from federal tyranny. Senator Gaetz and Governor Scott should have said their duty is to protect Florida citizens, and not allow federally non-delegated laws within their state.
They didn’t, and in a time of an ever increasing federal government, and encroachment on your liberties, you shouldn’t be surprised.