The speed has been breathtaking. In ten short months, the federal government has thrust its tentacles into the very fabric of America. From the internet, to automobiles, to compensation, to health care – nothing is sacred before Uncle Sam.

It makes you wonder if our President – a former law professor -- has forgotten about the 10th Amendment…

For the record, the 10th Amendment guarantees that all the rights not given to the federal government in the United States Constitution are reserved to the states, or the people.

What powers are given to the federal government? No many. According to the Constitution, the federal government is given the right to tax, coin money, regulate commerce, create a post office, make war, and sign treaties (for a full list see: the U.S. Constitution. Many of the powers are listed in Article 1, Sections 8 and 9).

The other powers are left to the states and the people.

James Madison, the Father of the Bill of Rights, stated that the “powers delegated by the… constitution to the federal government are few and defined. Those which are to remain in the state governments, are numerous and indefinite.” (Federalist 45)

Few and defined versus numerous and indefinite… Are you listening, Ms. Pelosi?

In Federalist 32, Alexander Hamilton wrote that “the state government” will “clearly retain all the rights of sovereignty which they had, and which were not… exclusively delegated to the United States.”

This means that the states have a lot of power.

In theory.

However, as we look at the preeminent issue of today – health care -- we wonder where the 10nth Amendment has gone… We wonder where in the Constitution the federal government was given the power to mandate health care, and health care payments, to its citizens.

We look down the road…If Obamacare passes, the high insurance taxes, plus the government-run health option, will kill private insurance companies.

Then what?

The federal government will benevolently step into the state’s domain, implementing universal health care. The feds will dictate the pace of your treatment. They will oversee the amount of health you receive. The question as to who receives health care -- and who doesn’t -- will now be a question for Uncle Sam (See: Great Britain, http://news.bbc.co.uk/2/hi/health/251988.stm).

Yet, Madison stated that, under the Constitution, “the powers reserved to the… states will extend to all the objects which… concern the lives, liberties, and properties of the people.” (Federalist 45) That’s right: a state’s power covers all objects, which concern the lives and liberties of the people.

Hhmm… It almost seems like government mandated health care is unconstitutional (a shocker, I know).

Many states are now standing up for their constitutional rights. This past June, the Arizona legislature passed the Health Care Freedom Act (HCR 2014). If approved by Arizona voters, the Freedom Act will create a state constitutional amendment that overrides any federal law mandating health insurance. The amendment will negate fines placed on anyone who wishes to directly purchase private health insurance. The Freedom Act will also override any federal law that prohibits the sale of private health insurance.

Over a dozen states are following Arizona’s lead. In Alaska, both Rep. Tim Kelly, and Rep. Wes Keller are introducing constitutional amendments that would nullify the federal health care mandates.

Come on, you say. A state constitutional amendment cannot stop the federal government. After all, the Constitution gives Congress power over the states (Article VI).

True. But Congress only has authority in a limited scope.

A State Constitutional Amendment would put the federal government in the awkward position of trying to force an unconstitutional bill onto the state.* If the feds continued to their zealous heath care drive, the issue would go to the Courts. Since the Supreme Court has recently issued favorable rulings concerning state’s rights there is reason to be very optimistic (ex., NORTHWEST AUSTIN MUNICIPAL UTILITY DISTRICT NUMBER ONE v. HOLDER, June 22, 2009).

Folks, this is battle about the very definition of America. Either we are a Constitutionally based nation that respects the original idea of our nation; or, we are a country divorced from our foundation, wandering and drifting… shedding liberties that are rightfully our own.

*The use of state “legislative devices” to thwart unwise federal laws is constitutional (Federalist 47). Madison argued that such state laws “would present obstructions which the federal government would hardly be willing to encounter.” We can only hope…