Governor Scott Walker delayed the implementation of the misnamed Patient Protection and Affordable Care Act (“Obamacare”) as much as possible in Wisconsin until after the 2012 Presidential Election, and we, the undersigned, applaud his efforts in such regard. With President Obama’s reelection to a second term, however, it is now clear that Obamacare will not be repealed by the Federal Government. As a result, by November 16, 2012, Governor Walker must decide if the State of Wisconsin shall create health insurance exchanges, or if the State shall instead allow the Federal Government to create the health insurance exchanges for Wisconsin.

We, the undersigned, strongly encourage Governor Walker – and the State of Wisconsin – to not take responsibility for the creation of Wisconsin’s health insurance exchanges. Regardless of which government entity (State vs. Federal) creates the exchanges, there is no opportunity for state-controlled exchanges at this time; through its rules, regulations, and expressed authority, the Federal Government shall maintain complete control of Wisconsin exchanges no matter which entity bears the initial responsibility for the creation of the exchanges.

As such, the State of Wisconsin has nothing to gain by taking responsibility for the creation of health insurance exchanges, but the State does have much to lose – as do Wisconsin taxpayers and businesses. If the State creates the exchanges, Wisconsin taxpayers shall be solely responsible for the costs associated with the creation of the exchanges; on the other hand, if the Federal Government creates the exchanges, the Federal Government is responsible for the costs associated with the establishment of the exchanges. Obamacare is a federal law; it is therefore appropriate for the Federal Government to assume responsibility for the law’s costs.

Additionally, if the State of Wisconsin was to create the health insurance exchanges, Wisconsin businesses covered by the law would be on the hook for a $2,000 fee per employee who is not offered health insurance through the company. This $2,000 per employee burden does not apply to Wisconsin businesses if the Federal Government creates the exchanges in Wisconsin. Pushing responsibility for the creation of exchanges to the Federal Government would not only prevent current Wisconsin businesses incurring this fee, but it also would provide an incentive for new businesses to locate in Wisconsin. Governor Walker rightly asserts that Wisconsin is “open for business;” making the Federal Government responsible for the creation of exchanges is consistent with Governor Walker’s assertion.

Finally, if the State of Wisconsin creates the health insurance exchanges, the State loses its ability to challenge the law itself. If the Federal Government creates the exchanges, however, the State maintains is ability to challenge the law. We, the undersigned, oppose Obamacare as a law in its entirety as a matter of principle. Consequently, we support the preservation of Wisconsin’s ability to legally challenge Obamacare in all ways possible.

For these reasons, we, the undersigned, urge Governor Walker to refuse State responsibility for the creation of Wisconsin health insurance exchanges, and to continue to provide strong, principled, conservative leadership for Wisconsin and America.



Concerned Citizens of Iowa County        Fox Valley Initiative Tea Party                   Greendale Tea Party

Iowa County, Wisconsin                                                Appleton, Wisconsin                                      Greendale, Wisconsin



Mayville TEA Party                                          Northwoods Patriots                                     Oshkosh Patriots

Mayville, Wisconsin                                        Eagle River, Wisconsin                                   Oshkosh, Wisconsin



Ozaukee Patriots                                             Patriot Constitutional Party                        Reality News

Ozaukee, Wisconsin                                       Pewaukee, Wisconsin                                    Wisconsin                                                                                                          



Sauk County Tea Party                                                     United in Freedom

Sauk County, Wisconsin                                                Wisconsin                                                            Beaver Dam, Wisconsin                  



Wausau Tea Party                                           We the People of the Republic                 We the People Sheyboygan

Wausau, Wisconsin                                         Dane County, Wisconsin                               Sheboygan, Wisconsin                          





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.”



Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles


Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog


State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report


Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty


Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today


Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!



The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment



Get an overview of the principles, background, and application in history - and today.