Utah House Bill HB391 introduced by Representative Lee Perry, would amend the governor’s programs related to the Health System Reform Act. The bill declares the Patient Protection and Affordable Care Act null and void in the state of Utah. Furthermore, This bill declares that the Affordable Care Act, which was passed by Congress, signed by the President, and major portions of which were upheld as constitutional by a majority of the United States Supreme Court, is invalid and without effect in the state of Utah because it violates the true meaning of the Constitution of the United States.

The text of the bill states the following:

“The Legislature finds 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) the Tenth Amendment to the Constitution of the United States defines the total
scope of federal power as being that which has been delegated by the people of the several
states to 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; and”

“(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
Utah to regulate health care as they see fit, and does not comply with the assurance in The
Federalist Papers, No. 45 (James Madison), that the “powers delegated” to the federal
government are “few and defined,” while those of the states are “numerous and indefinite.”

“(2) The Legislature declares that the federal law known as the Patient Protection and
Affordable Care Act is not authorized by the Constitution of the United States and violates the
constitution’s true meaning and intent as given by the founders and ratifiers of the constitution,
and is hereby declared to be invalid in this state, shall not be recognized by this state, is
specifically rejected by this state, and shall be considered null and void and of no effect in this

Utah joins the long and growing list of states that fighting back with health care nullification bills. Currently, the bill has been numbered but not distributed and was recently in the Legislative, Research and General Counsel. In the meantime, it is imperative that the people of Utah get an early start contacting their elected representatives to ensure they know that there is broad public support for HB391. Encourage them to sign on to co-sponsor this legislation, or to sponsor the legislation in the House and Senate.


If you would like to see model legislation to introduce in your state to nullify state health care exchanges, please see The Tenth Amendment Center’s Model Legislation: Model Legislation: Nullify Obamacare in 4 Steps

Track the status of federal health care nullification legislation in states around the country HERE


If you live in Utah, contact your state legislators. Let him or her know your concern for the Affordable Care Act and that you expect support for this legislation. Click here for House and here for Senate contact information.

If you live outside of Utah, still contact your state legislator. Inform him or her that you hope similar legislation will be introduced in your state.

Also, you may want to contact the sponsor of this bill and thank them:
Representative Lee Perry.

Adam Henriksen

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.