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Republican Rep. Keith Frederick Introduces Bill to Make Obamacare Illegal in Missouri

Categories: Politics

keith frederick facebook.jpg
via Facebook
Representative Keith Frederick.
Missouri Republicans have come up with many different ways to express their disdain for President Barack Obama and his health care plan. Notably, GOP leaders are continuing to fight the mandatory coverage of contraception as outlined in federal health-care policy.

But this week, one House Republican came up with a much broader attack via a new legislative proposal -- to ban Obamacare altogether in Missouri.

House Bill 995 "declares the federal Patient Protection and Affordable Care Act as unauthorized by the United States Constitution and creates criminal penalties for persons enforcing or attempting to enforce the act."

How would that work, exactly?

Not exactly clear.

Daily RFT left a message yesterday with the office of State Representative Keith Frederick, a Republican from Rolla (who is an orthopedic surgeon by trade), and we'll update if we hear back.

The proposal certainly follows a theme of Missouri GOP bills this session. Republicans have pressed forward with numerous anti-gun control bills, including one that makes it a crime to enforce any of the president's executive orders on guns that violate the Second Amendement. And in a somewhat similar vein, the House and the Senate both have GOP-sponsored bills designed to block a sustainability initiative from the United Nations.

Obama Cares sign 1.jpg
via Facebook

As drafted, Frederick's bill, which was introduced on Tuesday, includes somewhat lengthy comments on the constitution and the "limitation of the national government's power." Regarding health care, the bill says:

It shall be the duty of the general assembly to adopt and enact any and all measures as may be necessary to prevent the enforcement of the Patient Protection and Affordable Care Act within the limits of this state....

No public officer or employee of this state shall have any authority to enforce or attempt to enforce any aspect of the federal Patient Protection and Affordable Care Act.

Further, if any government official enforces or even attempts to enforce any part of Obamacare within Missouri, he or she could be guilty of a Class A misdemeanor. As the bill is written, that also means that any person in the state who has been subject to Obamacare, or an attempt at enforcing Obamacare, could take legal action.

This proposal comes shortly after a ruling overturning a controversial Missouri law around contraception mandates that a federal judge said directly contradicted Obama's health-care law. Avoiding a debate on the merits of Obamacare, that decision simply said that it was unconstitutional for Missouri to have a law on the books contradicting federal law.

Here's the full draft of Fredericks' bill.

House Bill 995

Send feedback and tips to the author. Follow Sam Levin on Twitter at @SamTLevin.


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26 comments
Chico Andy Mann
Chico Andy Mann

That's the dumbest reasoning I've ever heard in my life? Did you even think that through before you typed it? That's like saying "You don't have to do the speed limit but if you don't we'll fine you." Or "You're not grounded but you have to stay in your room." And what happens to people who don't pay their taxes? They go to jail. And some idiot 'liked' your comment? LOL

Notanother100
Notanother100

71% of Missouri voters said "no" to the PPACA's individual mandate requirement in August 2010.

62% of Missouri voters said "no" to the PPACA's health insurance exchanges being set up unilaterally by the governor, without a vote of the people or the people's state representatives.

 Rep. Frederick understands a little more clearly what the people of Missouri want from government. 

I would submit that the federal government derives its power from the states and the people, and per Article I, Section 8 of the U.S. Constitution, and Amendment 9 and 10 of the U.S. Bill of Rights, that SCOTUS got things horribly wrong.  Federal law does not always "trump" state law, because as the Constitution states, it and those laws made "in pursuance thereof" (the Constitution) are the "Supreme Law".  SCOTUS is, after all, just another branch of the federal government.  The states have a say, and the states may nullify these intrusions.  They did so with the Virginia and Kentucky resolutions when the federal government attempted to outlaw speaking against the president or his administration; this also happened in ~1850 when Wisconsin nullified the Fugitive Slave Act and declined to extradite a runaway slave to his state of origin.  California doesn't think federal drug law works for them, so they nullified the marijuana laws.  Nullification pretty much runs the gamut, as you can see, and allows the power to properly be retained by the people and the states.  

Robert A. West
Robert A. West

You don't have to buy anything... just have to pay more in taxes per year if you choose not to.

checkforthetruth
checkforthetruth

More ignorant unconstitutional silliness from the right wing wackos in the Missouri legislature! The U.S. Supreme Court ruled ObamaCare as constitutional months ago.

Chico Andy Mann
Chico Andy Mann

But it's OK for the Federal government to force citizens to buy a product? You people crack me up.

Angelo Olegna
Angelo Olegna

Lets make it illegal for someone to make it illegal for someone to enforce Obamacare.

Matt Hawkins
Matt Hawkins

wonders if he knows hair plugs, Rogaine and Viagra will be free for him if he accepts Obamacare?? LOL

Margaret Booker
Margaret Booker

Can we suggest that the Representative might be more at home in Arkansas?

Kirsten Parriott
Kirsten Parriott

Way to waste everyone's time and money instead of actually trying to help your state.

Robert A. West
Robert A. West

It's worth noting I only supplied my credentials because Mr. Burk, for some reason, is apparently qualifying statements about this based on such credentials (I don't think I'm better or smarter than anyone, just that I know a thing or two about our healthcare system and the law). The truth is no knowledge of the healthcare system is necessary to see this bill for what it is. No specialized knowledge as can be acquired by attending medical or law school is even necessary. As Mr. Gonzales has pointed out, a high school civics course would suffice.

Patrick Gonzales
Patrick Gonzales

I'm getting really tired of all this Nullification talk from the teabaggers. They whine about Obama trampling the Constitution. A total fabrication, while the Red-staters are writing bills that are bordering on treason.

John Prophet
John Prophet

It doesn't make him stupid. He's a republican. He knows his BASE is stupid. And they will happily vote for the man who is opposing that "foreign born, muslim, socialist who is here to steal our guns!"

Patrick Gonzales
Patrick Gonzales

An orthopedic surgeon who, from the looks of it, failed US Government in high school.

Steve Dixon
Steve Dixon

If these anti-Obamacare politicians spent as much time and energy on healthcare reform or jobs bills or economic bills as they are just trying to fight Obamacare, we would be in a much better place in a short amount of time. Obamacare is nowhere near perfect, but its a good start. We need wholesale health-care reform.

Patrick Gonzales
Patrick Gonzales

The GOP needs to quit wasting Missouri's money and our elected lawmakers' time on such blatantly unconstitutional tomfoolery.

Patrick Gonzales
Patrick Gonzales

This idiot needs to re-take Civics. Federal law trumps State law. Article VI, Clause II of the Constitution, the Supremacy Clause. "This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."

Robert A. West
Robert A. West

I'm studying health law at our nation's top-ranked health law school, and yeah, I don't know Representative Frederick personally, but I can say with absolute certainty that this bill is pretty freaking moronic.

Steve Dixon
Steve Dixon

You would be wrong, but I'm sure its not the first time.

Terry Burk
Terry Burk

He is unlikely to be successful but we can always hope. Steve- Given that he is an orthopedic surgeon with much more knowledge of the healthcare system than you or BO, I am going to guess you are the moron.

John Prophet
John Prophet

I'm 2000 miles away from Missouri and the politicians STILL make me facepalm in embarrassment for my home state.

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