If Obama does healthcare for US citizens can states cancel it?

Question

I'm part of a state with a more Republican government and I'm wondering if the Democrats successfully get national healthcare passed can states try to ban it for their own residents or does the federal government have precedent over such states because though I don't live there I could imagine a more Republican state like Utah trying to repeal such a thing.

Answer 1

The powers not granted to the States specifically are either concurrent powers with teh Federal and State governments or are in fact granted exclusively to the people.



States Rights are specifically provided for in the US Constitution, but the hierarchy of law is as follows (each one trumps those listed below it).



US Constitution

Federal Treaties

Federal Law

Federal Regulations

State Constitution

State Law

State Administrative Codes

Local Ordinances



If it were determined that health care were a Right of the States, then there could be no Federal mandate for it; however, Public Health has long been recognized as a Federal and concurrent Power, so the argument would be difficult or impossible to pursue in court. For example, Public Health Nursing is mandated by the Feds and funded by them, but 45 CFR requires it be carried out by a State Giovernment or a local government under State Supervision.



I know you probably did not want a lesson on how a bureaucracy works on paper, but there it is. The answer is a resounding NO. A state most probably could not opt out on a Federal Health Care Program.



But I think you will discover you have less to fear than you think. Countries with essentially socialized medicine are beating us in terms of the overall health of their populations. In most of those countries, Doctors are still paid well, but they cannot in general become tycoons from a medical practice alone.



There are companies in this country already managing care for the chronically ill to keep the cost down, and not only are they successful, but generally their clients' clients. (Those who are having their care managed via automated processes by virtue of being insured by a participating company) also live longer.



And there are other areas where profit is not the driver of inn9ovation most tout it for, such as the auto industry.



But it won't be Obama doing the Health Care. That is not a Presidential power. It will have to be done by Congress, if it is done at all.

Answer 2

The federals will attach some huge monies to it and the states will go for it just to get the bucks.



We no longer have "states rights" because the Republicans fought against the Democrats who wanted states rights. We down here in the south call it The War of Northern Aggression. You in the north call it The Civil War. It wasn't a civil war though. (look up the definition some time.)



The first Republican, Abraham Lincoln, destroyed any chances America ever had to have a national government that united the individual sovereign states and created the federal leviathan we suffer under today.



If we ever get socialized medicine, rich folks will not be allowed to pay for their medical care legally. It will become a crime to seek to pay for healthcare and those seeking along with those who would offer such will go to federal prison.

Answer 3

Now there's an interesting question. Will the red states who can't support themselves without blue-state tax money decide to let the blue states keep the money that goes for health subsidy? Not that it matters, because Obama's already made it clear that the only resemblance his plan has to universal healthcare has is that it's not a bigger scam than the current system, which is what McCain's fiasco would have been. It takes a liberal to support universal healthcare, and none were elected this time around.

Answer 4

No, for it was decided in the 1830s under President Jackson after the passing of Tariff bill of 1832 that nullification of a bill by a state cannot be upheld and the federal government takes precedence over the state, which is supported by a supreme court decision.

Answer 5

It depends on what Congress passes. Consider Immigration or Labor, these are in the province of the federal government only and these laws preempt any state action.



But be not worried, no democrat will pass any national health care. There is too much money to be made and politicians are interested in money alone. So, no worries there...



Keep in mind medicare and medicaid are federal programs administered by the state. There is no easy black and white, democrats are good and republicans are evil in reality, man...

Answer 6

No they could not refuse to comply with whatever federal standards were set. If they were able to, it would render the whole system ineffective because you'd have an exodus of insurance companies rushing to set up shop in whichever state had the lowest regulations. Then you'd wind up with some states having HMOs running wild and some states where there was no health insurance to be had.

Answer 7

I think what he would do would be National which is not about state by state health care. I think some states have it now like Vermont. Which also has the lowest unemployment & population that is not overweight or someo other good statistics. It would be nice if it went state by state cause I wish we did have dem states & rep states cause the reps can live with the deficits & have to pay them back & the dems would live in a balanced way.

Answer 8

No Whether you love hate them the fact of the matter is that the Feds own the States.

If New York wanted to lower the drinking age back to 18 the Feds won't let them do it

If Nevada wanted to go back to not having speed limits on it's rural highways the Feds won't let them do it

and if Utah wanted to just say No to UHC the Feds will tell them No can do

Answer 9

Federal Law takes precedent.

Answer 10

A state that chose to reject national health care would be committing suicide. No sane person would ever live there and the state would end up like a desolate dump. Maybe they could use the state to dump nuclear waste in, because that's all it would be good for.

Answer 11

Unknown as the terms of a national health care law have not even started to be negotiated.



But it will probably look a lot like Medicare but with the qualification age reduced to from 65 to zero.

Answer 12

Depends what the law says. Maybe Republicans in Congress will not vote for it unless states are given the option of opting out.

Answer 13

From what I remember of his campaign, you can opt out of UHC and keep your current plan, your choice.



Edit: Not that it matters, because people will believe what they want to believe, but I found the following PDF on his Web page:



http://www.barackobama.com/pdf/Obama08_HealthcareFAQ.pdf



Q. I like my current insurance coverage. Will I have to change plans?



A. No, you will not have to change plans. For those who have insurance now, nothing will change under the Obama plan – except that you will pay less. Obama’s plan will save a typical family up to $2,500 on premiums by bringing the health care system into the 21st century: cutting waste, improving technology, expanding coverage to all Americans, and paying for some high-cost cases.

Answer 14

Here is what will happen, pay attention.....The Government will become your health insurance company, taxing you for the benefit. You will have to go the govement doctors, unless of course you are rich, then you can choose your own doctor and get great health care without the long lines and forms and denials of claims etc,,,



Moral: the rich will still have good health care, the poor will still get it for free and the middle class will be screwed in the process, as usual

Answer 15

Let's hope apes are running the planet and the statue of liberty is buried on some beach before that passes. Even then it will be to soon.

Answer 16

user "Over The Edge' above posted the truth but...



idiots don't care about the truth, they just want to smear Obama.

Answer 17

No, federal law preempts state law.

Answer 18

You could if we were a LIbertarian government...less central government, more state power!



Libertarians Unite!

Answer 19

Good question -- either way you'd still pay for it. Bummer, eh?



I hope he doesn't succeed in nationalizing health care -- the costs will go through the roof.

Answer 20

NO! There are not states rights!

Answer 21

Don't worry, he's not going to do anything he promised anyway.

Answer 22

I sure hope so!