How far can states go in nullifying federal overreach?

Posted by George Leef at 11:24 AM

Idaho law now contains the following language:

The power to require or regulate a person’s choice in the mode of securing health care services, or to impose a penalty related thereto, is not found in the Constitution of the United States of America, and is therefore a power reserved to the people pursuant to the Ninth Amendment, and to the several states pursuant to the Tenth Amendment. The state of Idaho hereby exercises its sovereign power to declare the public policy of the state of Idaho regarding the right of all persons residing in the state of Idaho in choosing the mode of securing health care services.

It is hereby declared that the public policy of the state of Idaho, consistent with our constitutionally recognized and inalienable rights of liberty, is that every person within the state of Idaho is and shall be free to choose or decline to choose any mode of securing health care services without penalty or threat of penalty.

I hope to see some top legal scholars putting their minds to work on this question: how far could a state go in saying "NO" to Obamacare?

How about a reporter asking Beverly Perdue how she feels about this move?

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