Tuesday, January 19, 2010, 12:53pm EST
McCollum: Health care bill violates constitution
South Florida Business Journal
Florida’s attorney general said a key provision in the health care legislation pending in Congress violates the U.S. Constitution and, if it remains, he expects there will be legal action.
The provision, which is in both the House and Senate versions of the bill, would require just about every American to purchase health insurance or face a tax penalty.
Bill McCollum, a candidate in the 2010 Florida governor’s race, made the determination after what he said was a legal analysis of the pending legislation.
In a memo to congressional leadership McCollum noted that the U.S. Constitution protects the freedom of individuals and the rights of states, and that the mandate is contrary to that constitutional principle, because it penalizes inactivity.
“Congress’ unprecedented mandate on every citizen to purchase health insurance coverage or to face a penalty raises serious constitutional concerns,” McCollum wrote.
McCollum previously asked attorneys general in other states to join him in reviewing the law and evaluating their legal options.
He notes in his memo that, “while affected citizens of every state may pursue judicial relief from the individual mandate provisions, states have standing to sue the federal government to protect their sovereign and quasi-sovereign interests.”
Click here to read his memo.