ATLANTA, GA: December 12th, 2013
State Representative Jason Spencer (R-Woodbine) will hold a press conference on next Monday, December 16th, in the south wing of the Georgia Capitol building. Representative Spencer and several other legislators will meet to discuss two bills that will be introduced in the upcoming 2014 legislative season.
“The bill’s main thrust is to prohibit state agencies, officers and employees of the state from implementing any provisions of the Affordable Care Act, leaving implementation entirely in the hands of the federal government, which lacks the resources or personnel to carry out the programs it mandates,” said Rep. Spencer.
The bill’s bite is rooted is anti-commandeering doctrine. This doctrine, which has been well established by the United States Supreme Court (Printz v. United States), dictates that the federal government cannot force state legislatures to enforce federal laws.
According to Justice Scalia’s majority opinion in Printz v. United States, state legislatures are not subject to federal direction. Although Congress may enforce its own laws, they may not force the states to carry out their duties in such laws. According to the Court, the Constitution establishes a system of dual sovereignty where states and the federal government exercise concurrent authority. Giving Congress the power to force states in to service would greatly enhance federal power, and the Court ruled this could not stand.
“Also, we will be asking the Attorney General or a special appointed counsel to file a lawsuit on behalf of the citizens of Georgia in federal court to overturn NFIB vs. Sibelius (Obamacare),” said Rep. Spencer.
The recent surge of nullification around the country can be attributed to the Tenth Amendment Center, which is a national think-tank focused on keeping the federal government in check. The think tank has been pushing states to nullify unconstitutional federal gun laws, the NSA and Obamacare.
Georgia’s nullification announcement follows on the heels of South Carolina’s plan.
Tenth Amendment Center (TAC) national communications director Mike Maharrey suggested that a large-scale effort would be coming in 2014. “Kudos goes out to all the people in South Carolina who have worked the past year to get things this far. And kudos to Jason Spencer for stepping up to support their effort. Our contacts here at the Center tell us to expect at least ten other states considering similar legislation in 2014, but it’s going to require people getting on the phone with their state reps and senators to make that happen.”
This story will be updated with a copy of the legislation once it has been provided.
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