In recent months, there has been interest in states forming compacts with each other to opt out of ObamaCare or other federal programs. The idea is that because such compacts have the effect of federal law, they will supersede earlier federal laws (such as ObamaCare).
The strategy is apparently being driven by one or more enthusiastic financiers. But I’d like to offer a few words of caution—not just as a constitutional/legal scholar but also as a former businessman and successful political activist.
Although the compact strategy is not a complete waste of time (see below), ultimately I think it is less cost-effective than other state “push-back” methods, such as local health care freedom laws, coordinated legal challenges, and (especially) applying for an Article V amendments convention.
Why so? Well, let’s begin with the Constitution—Article I, Section 10:
“No State shall, without the Consent of Congress . . . enter into any Agreement or Compact with another State. . . . ”
As this section says directly, the states can negotiate all they want, but nothing is effective unless Congress approves. Now what do you think the chances are of Congress approving states opting out of Congress’s own laws?Details