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Reps. Maggart and Lynn Ask State AG to Intervene in Federal Health Care Legislation

Tennessee House of Representatives press release, Dec. 21, 2009:

On Monday, State Representatives Susan Lynn (R-Lebanon) and Debra Young Maggart (R-Hendersonville) asked Tennessee State Attorney General Robert Cooper to prepare to take the appropriate legal action against the federal government in the event HR 3200, the controversial federal healthcare reform legislation, passes into law.

The legislators requested this action in order to grant Tennessee relief from the unfunded mandate contained in the bill that Tennessee complies with the expansion of the federal Medicaid program.

The letter notes that under the bill Tennessee would be forced to expand the state’s Medicaid program potentially costing the citizens of the state $1.4 billion dollars in additional state taxpayer funds annually.

“Such an increase would place a great burden on the citizens of this state. It is clear by the wording of the legislation itself that not every state would face a similar and equal burden,” stated Rep. Debra Maggart.

Lynn explained that, “We see this as a violation of equal protection of the law, an affront to our sovereignty, and as a breach of the U.S. Constitution.”

Lynn and Maggart noted that the passage of this bill is imminent so it is important that the AG prepare now to take immediate action, and they referenced Governor Bredesen’s recent comment that “we can’t print money.” The great issue for the states is that states are not allowed to borrow money for operations expenses. “Obviously, this is something that many in Washington just don’t understand,” stated Lynn.

5 replies on “Reps. Maggart and Lynn Ask State AG to Intervene in Federal Health Care Legislation”

This is a step in the right direction – kudos to Rep Maggart and Lynn for getting it rolling.

The federal government obviously is not the only check upon the federal government. It’s the job of the sovereign State governments to restrain federal usurpation and encroachment of powers beyond what is granted in the Constitution. Nullification and interposition are two tools the States should be using against the federal government when it stays outside of its Constitutional bounds. My bet is that more States will begin to use these types of tools to push the feds back into their proper place.

It’s just the beginning….

States’ rights are a funny thing, because I just read another story on this site about Bredesen scrambling to get federal stimulus dollars for education, money I’m sure these two representatives are not going to turn down. You can’t pick and choose how involved you want the federal government in state affairs if you keep taking bags of their money. For every unfunded mandate claim, there are millions in pork dollars brought home that no one refuses.

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