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February 16, 2011 in Idaho
Idaho House votes to defy health care reform
Rep. Vito Barbieri, R-Dalton Gardens, opens debate in the House Wednesday in favor of HB 117, the health care nullification bill, of which he’s the lead sponsor.
(Full-size photo)
BOISE - Idaho’s state House passed legislation Wednesday attempting to nullify federal health care reform, ordering state employees not to do anything to carry it out - despite two state attorney general opinions warning the move was unconstitutional.
The bill, HB 117, passed on a 49-20 vote and now moves to the Senate, where its fate is uncertain. The opposition was bipartisan, and nearly an hour and a half of debate preceded the vote.
Freshman Rep. Vito Barbieri, R-Dalton Gardens, the lead sponsor of the bill, urged support, saying, “This is Idaho’s moment.”
Barbieri declared, “If Idaho is to stand for its sovereign rights, it must do so by every peaceful means. … The federal government must be restrained.”
When Barbieri claimed a vote against his bill was a vote in favor of the national health care reform bill, Rep. Eric Anderson, R-Priest Lake, disagreed. Anderson said he opposes the reform bill and supports Idaho’s court challenge against it - which recently got a favorable ruling from a federal judge in Florida.
“Let’s abide by the Constitution,” Anderson urged the House. “I believe … that Congress has exceeded its constitutional authority in passing the health care law, and I now believe that this body will be exceeding its constitutional authority if they pass HB 117. … Two wrongs don’t make a right.”
Anderson said he’s received recall threats for opposing the measure. “I’ve been called many things for this,” he said. “I will not cower from this. What I will do is tell you what I believe and vote for what I believe.”
Rep. Phil Hart, R-Athol, told the House, “I think this is a very appropriate step for us to take.”
Freshman Rep. Shannon McMillan, R-Silverton, said, “We need to stop the health care before it goes further and we are deeper into it.”
Lawmakers have received two Idaho attorney general’s opinions on nullification; the first said any attempt by state lawmakers to nullify a federal law through legislation would violate both the U.S. and Idaho constitutions and lawmakers’ oath of office. The bill was revised after that to remove the word “null,” but it still says the Idaho Legislature considers the federal law to be “void and of no effect.”
The second Idaho attorney general’s opinion still said the new version likely is unconstitutional; plus, it said HB 117, if passed, could have the effect of opting Idaho out of participation in the federal Medicaid program - including receiving more than $1 billion in federal funds that now provide health care to the state’s poorest and disabled residents.
Rep. Phylis King, D-Boise, asked the House, “Can we risk the health care of 500,000 people? … It’s one thing to campaign on misinformation and ideologies, but it’s another thing to govern.”
Rep. Janice McGeachin, R-Idaho Falls, chair of the House Health and Welfare Committee, said Idaho could reform health care on its own, “But if we choose to do that as a state, we’re going to do it in the way we see fit for our state, in the state of Idaho.”
Rep. George Eskridge, R-Dover, who didn’t speak out in the debate, said afterward, “I’ve been wrestling with it, trying to decide what the best thing is to do.” Based on extensive research and consultation, he concluded, “It’s still nullification, even if we changed the title. We’ve got legal processes, and those are being pursued.” He said, “We can take care of this overreaching federal government … by doing it the right way, the way that the Constitution sets up, that has already proven its strength for 200 years.”
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hawken on February 16 at 3:23 p.m.
Well done Idaho!
In a like move, Florida just told the Obama Administration not to build a “high speed rail” in their state. They Told Obama, you build it, you pay for it. We’re not participating.
Obama is outdoing Carter in his hyper-left liberalism. Even Jimmy Carter didn’t get such a backlash of rejection by the states.
Loudin on February 16 at 3:36 p.m.
It won’t work…southern states tried nullification to avoid the Civil Rights Act of 1964; they failed, Idaho will fail too. Barbieri only introduced this bill to score points w/the 12-fingered constituency that elected him. And no surprise that Hart went along with it: HIs oath of office hasn’t mattered in his previous entanglements, why should it matter now?
Loudin
BTW: If you’re from Idaho and you hate socialism, quit cashing those dang Social Security checks and quit drawing from our bankrupt Medicare fund. Your hypocrisy is evident to everyone…
greenlibertarian on February 16 at 3:48 p.m.
Idaho gets far more in federal revenues than it pays in federal taxes, it’s a welfare state.
If the feds cut off this bonus money, Idaho would be third-world country.
reservedparking on February 16 at 3:48 p.m.
Let Idaho secede. Don’t need ‘em anyway.
Dazzeetrader11 on February 16 at 3:53 p.m.
Go Vito!
Go Idaho!
Full insurrection to follow!
idaho_renegade on February 16 at 3:56 p.m.
The health care law has been found unconstitutional in federal district court, and is on its way to the SC to determine constitutionality. Given that, it would be rather foolish to spend the taxpayer’s money to impliment a law that may well be void. It’s good to see that our elected officials are responsible in this regard.
Some state legislators aren’t this bright.
Rock60 on February 16 at 4:28 p.m.
Score!
Scoutster on February 16 at 5:07 p.m.
Don’t these guys have anything important to do?
Ken_Bernice_Kanzler on February 16 at 5:11 p.m.
Let them do it and let the Federal Government cut off all Medicaid to Idaho’s residents. Watch how all of a sudden they have 500,000 sick people swarming the state house and another $1 billion budget hole to fill. The State of Idaho err. Taliban.
misjustice on February 16 at 5:58 p.m.
Ideeho = the “new” Mississippi.
Funny, the State Legislators sure line up for their “socialist” health care. Ideeho don’t need no stinkin’ health care, and they don’t need no stinkin’ public schoolin’ either!
bdr on February 16 at 6:09 p.m.
Kenneth Kanzler is right on…….! The feds will yank everything.
AND HAPPILY!
Whats Idaho going to do if Mitt Romney (republican) wins 2012 and continues the implement.???????????
Ha boy will they look stupid.
They ALL know the old path is positivity 100% going bankrupt anyway, their just grasping straws like the oxen team tenders did back in the old days against the use of tractors.
I do agree the new path makes us all GASP….but knowing the bridge is broken on the trail we just passed WE must venture somewhere even if we DIE from it.
Pat O'Leary on February 16 at 6:17 p.m.
Another proud moment in Idaho’s history. Go Vito Go.
PlanB on February 16 at 6:44 p.m.
Brilliant. Idahoans should be thrilled that the legislature is using their time so wisely.
straighttalk on February 16 at 7:47 p.m.
Let them go ahead and secede. Idaho is 62% federal property and it would then become 2 states. Lewiston could be state capital again. Moscow, Cda, — I like that idea.
South Idaho would be on their own as federal lands divide the state in 2 sections.
Justsayin' on February 16 at 7:48 p.m.
Idaho workers paid into SS and Medicare. Denying them a return when they retire would be stealing, wouldn’t it? I’m not agreeing with any idea consisting of withholding their SS and Medicare.
Dazzeetrader11 on February 16 at 8:05 p.m.
Gary it’s got nothing to do with SS or Medicare. it’s Obamacare…very different.
PlanB on February 16 at 10:54 p.m.
Idaho workers didn’t pay into SS or Medicare. Welfare and unemployment payments don’t go towards either.
But I guess if you count the Idaho residents that work in Washington since that’s where many of them go for jobs are, then yes they do.
Bruce (aka thatoneguy) on February 16 at 10:59 p.m.
Federal spending received per dollar of taxes paid, by state:
http://taxfoundation.org/taxdata/show/266.html
(looks like FY 2005 is the most recent data they have; there’s a place to click if you want to contribute $$ to fund an updated version, lol)
greenlibertarian on February 16 at 11:12 p.m.
Idaho has been a perennial drain on the federal treasury. The blue states support that corporate and individual welfare in Idaho. Sick of taxpayers in MY state, WA, subsidizing the free-loaders in ultra conservative Idaho.
caisonbobby on February 17 at 2:07 a.m.
People should never forget that real health depends how well you take care of yourself and not what health insurance you carry but I agree health insurance is important for every one. Search “Wise Health Insurance” online for dollar a day insurance plans.
Bruce (aka thatoneguy) on February 17 at 9:38 a.m.
caisonbobby - quit trying to mandate my dietary & exercise habits. Keep the government out of my recliner!
And while you’re up, get me a sandwich.
jdelaney3 on February 17 at 5:08 p.m.
Idaho’s sovereignty is worth more than a few pieces of silver from the federal gov’t. So, who cares if the federal cash stream is curtailed. Who bloody cares!!! Idaho and our freedom will survive any such assault from DC.
And, for poor, deluded Anderson, nullification is NOT unconstittuional. Insane statement. It is a well-grounded, well-established constitutional principle, and asserting this right is the surefire and peaceful way to stop the federal assault on our sovereignty and freedom. Enough is enough.
Both Jefferson and James Madison subscribed to nullification and both asserted that it is the “rightful remedy” to federal overreach. Check out the Principles of 1789 and a whole host of successful nullfication actions since.
And like in the past, nullification is again sweeping the country. In many states, the feds are being properly IGNORED and their unconstitutional laws, edics, fiats are being rapidly voided/ignored by state legislatures. Haven’t seen this level of state push-back since just before the Civil War.
Obama has sure screwed up this country and created divisions not seen since before the Civil War. And short of secession, nullification is the only way to restore co-equality betw the feds and the states, this as intended by the framers and ratifiers of the Constitution.
Obama has pushed the AMerican people and their agents, the states, to the wall, and we’ve had enough. All we have to say is NO and the elitist violators of our Constitution in DC will absolutely back off. It’s never failed, and it won’t now.
GO, IDAHO. You do the nation and constitution-loving Americans everywhere proud!!!!!