Florida Has Unconstitutional Measure On Ballot

Author: October 7, 2012 2:03 pm

Florida’s amendment one is a ballot measure on the ballot this year that would, in effect, overturn the Affordable Care Act (Obamacare) on the state level by “proposing an amendment to the State Constitution to prohibit laws or rules from compelling any person or employer to purchase, obtain, or otherwise provide for health care coverage.”

The proposed measure, of course, is unconstitutional. Even if it did pass, and it needs 60% voter approval to do so, the federal government would still be able to mandate insurance coverage in the same way that although marijuana cultivation is legal in Oregon and California the federal government is still able to carry out raids on farms.


It was put on the ballot by a Republican legislature that either hasn’t read, or completely disregarded, the Constitution. The supporters stated that federally mandated healthcare is an overstep of federal power, but Supreme Court has already ruled against that point of view. The Supremacy Clause, as well as court cases in the 1800s and the Civil War, give evidence that federal laws take precedence.

The Supremacy Clause reads as follows:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding.

The federalism vs. state rights argument has gone on in this country since our founding, and has, for the most part, been found in favor of the federal government. The Republicans in Florida are attempting to impede the government for no clear reason.

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