With a 59-15 vote Thursday, the Louisiana State House approved a bill that declares no one in Louisiana can be mandated to pay a penalty if they don’t have insurance – or be required to participate in a health system.

House Bill 1474 states that every Louisiana resident “is and shall be free from governmental intrusion in choosing or declining to choose any mode of securing health insurance coverage without penalty or threat of penalty.”

Sponsor Kirk Talbot, R-River Ridge, said he wants to challenge a Congress that he believes has exceeded its authority under the commerce clause of the U.S. Constitution. “Congress does not have the right to mandate that private citizens enter into a contract with private business,” he said. The commerce clause, he said, allows federal regulation of economic activity but “not inactivity.”

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 founders, during the time of the Constitution’s ratification, made clear that a vast majority of regulatory powers would be left in the states – including social services, agriculture, mining, and more. Click here to read more.

Virginia, Utah, and Idaho have already passed a Health Care Freedom Act, and the Governors of each state have already signed the act into law. More than two dozen other states are considering similar legislation or state constitutional amendments, including Arizona, Missouri, and Florida, where in November, voters will have the opportunity to approve or deny a similar proposal as a state Constitutional amendment which has already passed both state houses.

CLICK HERE to view the Tenth Amendment Center’s Health Care Freedom Act legislative tracking page

The Tenth Amendment Center has released the Federal Health Care Nullification Act, which directly nullifies the “Patient Protection and Affordable Care Act” on a state level. Click here to learn more.

Michael Boldin

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



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