On Tuesday, Assemblywoman Alison L. McHose (R-Sussex County) introduced a bill that would render the Federal Patient Protection and Affordable Care Act null and void in in the state of New Jersey.

A4155 not only refers to the unconstitutional nature of PPACA, but also speaks to the proper role of the federal government in relation to the states:

The Legislature finds and declares that:

a. The people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more;

b. Amendment X to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states t o the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves;

c. The assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” interferes with the right of the people of the State of New Jersey to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Number 45 of the Federalist Papers that the “powers delegated” to the federal government are “few and defined,” while those of the states are “numerous and indefinite”; and

d. The federal act is not authorized by the Constitution of the United States and violates its true meaning and intent as given by its founders and ratifiers, and is hereby declared to be invalid in this State, to not be recognized by this State, to be specifically rejected by this State, and to be considered null and void and of no force and effect in this State.

James Madison declared it the duty of the state to interpose when the federal government assumes undelegated powers.  We see the same language in the proposed legislation:

It is the duty of the Legislature to adopt and enact any measures necessary to prevent the enforcement of the federal act within the limits of this State.

The bill provides a penalty of up to $5,000 and/or a prison term of not more than five years for, “Any official, agent, or employee of the United States government or any employee of a corporation, firm, or other entity providing services to the United States government who seeks to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of this bill.”

The legislation also allows for anyone alleging harm from enforcement of the health care act to take private legal action against the offending party.

New Jersey joins 12 other states seeking to nullify the federal health care act. For more information on health care nullification and to track legislation, click here.

Brenda Poland
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