National Review Online recently wrote about the importance of states not implementing the state insurance exchanges in the ongoing fight to stop Obamacare:
The most important front right now is to ensure that states do not create the health-insurance exchanges Obamacare needs in order to operate. Refusing to create exchanges is the most powerful thing states can do to take Obamacare down. Think of it as an insurance policy in case the Supreme Court whiffs.
Thanks to the citizens of Ohio (overwhelmingly) passing the Healthcare Freedom Amendment last fall, we have a tool at our disposal that many other states do not have as an additional firewall against Obamacare. In short, because of the Ohio Constitution’s Article I, Sections 21(A), (B) and (C) :
Section 21 (A) No federal, state, or local law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in a health care system.
Section 21 (B) No federal, state, or local law or rule shall prohibit the purchase or sale of health care or health insurance.
Section 21 (C) No federal, state, or local law or rule shall impose a penalty or fine for the sale or purchase of health care or health insurance.
we have reserved the ability to stop implementation of an insurance exchange in Ohio. The question is: How? The 1851 Center for Constitutional Law’s Executive Director, Maurice Thompson, addresses this very question in a recent white paper entitled Does Ohio’s Health Care Freedom Amendment Prohibit It From Enacting An Obamacare Exchange? In the paper, Mr. Thompson gives four concrete examples of how implementing the exchange in Ohio would violate the provisions of the Healthcare Freedom Amendment and open the door for immediate legal action against such implementation. One example is as follows:
Through establishing an exchange, Ohio would be voluntarily assuming responsibility for enforcing the individual mandate. Section 18031(d)(4)(H),(I); 76 Fed. Reg. 41910-11. Ohio would be volunteering to use state officials and resources to turn in to the federal government those who may not have “minimum essential coverage” as defined by HHS. This indirectly compels Ohioans to participate in Obamacare, in violation of Section (A) of the Health Care Freedom Amendment – - essentially, Ohio officials will be volunteering to enforce Obamacare’s individual mandate, which is otherwise unenforceable in Ohio, on behalf of the Obama Administration.
As readers of this website are very aware, however, laws, constitutional amendments and human rights are sometimes just pesky details that get in the way of a bureaucrat’s attempt to make “progress” and their self-interest of achieving re-election. Thusly, We the People must often remind them of their duty to protect and defend the constitution and remind them that they are in office to protect those rights so eloquently defined within those documents at both the federal and state level. We recommend that you visit
so that if bureaucrats in Ohio do indeed attempt to implement an exchange we can provide them with immediate push-back and a reminder that they cannot and must not do it. We need to be prepared.