Presently, at least 17 states have chosen not to setup insurance exchanges with respect to the Patient Protection and Affordable Care Law, commonly cited as Obamacare, primarily because they fear that doing so would bankrupt their state and they remain convinced that it is a serious intrusion on their constitutional jurisdiction—even freedom. Some were among the 26 states that suede the Federal Government for exceeding its constitutional authority. They may not know that they have one constitutional check left to exercise if they but have the will.
Those who spend any time with the Constitution know that the federal government is limited to a list of specific areas wherein Congress can legislate (Art. I, Sec. 8) and if a wanted power is not on that list, or not added thereto by way of an amendment to the Constitution, they are prohibited from legislating therein. All other powers not provided in that document are left to the states and to the people as per Amendment 10 of the Bill of Rights. Checks and balances were created in an effort to keep the federal government from creating its own authority and taking over everything. The Founding Fathers saw going off the list and doing something not authorized as tyranny.
Senators were especially charged to protect state sovereignty, the list, and the 10th Amendment, but Progressives in the early 20th Century weakened that protection by ratifying the 17th Amendment, which favored a popular vote for this office rather than, as it was before, having Senators selected by state legislatures who were purposely far more state sovereignty centered. State power was thereafter left unprotected and measures clearly of state jurisdiction and unlisted, such as healthcare, got through the badly damaged shield and became law.Details