State-FUNDED Health Care Exchange is Unconstitutional

By the time you read this, Governor Brewer may have already signed on for ObamaCare’s state-funded health care exchange.  The "mainstream" media has been publicizing that she has until November 16 to do so.  Not true.  They have also paid scant attention to its unconstitutionality.  (Media malpractice is a story for another day.)

Whether Governor Brewer signs/signed on 11/16/2012 doesn’t mean our battle against ObamaCare is over.  The legislature has to pass it.

Complicated as these exchanges may be, this is an issue we need to understand and over time we will as more facts are revealed and published.  If you don’t understand it, you’ll be suckered into accepting it.

What is important right now and over the next few months is for all of us to keep up the pressure by contacting Governor Brewer,and the state legislature, letting them know that we do NOT support ObamaCare’s state-funded health care exchange.   

Contact Governor Brewer via email and phone

The best way to contact your legislators is by registering with Life Liberty Freedom

  1. It is not true that Governor Brewer “has until 11/16” to sign anything relating to a health insurance exchange.  So, ask her not to sign anything!   (See why below.)
  2. The State-Funded Health care Exchange is Unconstitutional in Arizona!  Where do you get your authority, Governor Brewer, to sign anything that violates Arizona’s Constitution?  (See below.)

Both Arizona’s Americans for Prosperity and Goldwater Institute are against it.  Here is information from Goldwater Institute:

“The states actually don’t have to decide by Friday whether to establish exchanges.  First, HHS has extended that "deadline" to December 14, although they would like states to give a "yes or no" answer by Friday.  However, that "deadline" is only for states who wish to be approved on January 1 to begin operating exchanges in October 2013.  States wishing (or considering) to establish exchanges in future years need not meet these "deadlines." 

There is no intelligent reason to sign anything, and at the very least, Arizona shouldn’t jump into this before we know what we’re getting ourselves into.

An Arizona exchange is unconstitutional. 

HCFA (Arizona Health Care Freedom Act) protects people’s rights to make their own health care decisions. To that end, it prevents government from directly or indirectly compelling participation in any health care system (Ariz. Const. art. XXVII sec. 2(1)).  “Compel” is a term of art that includes penalties, taxes, and fines.

As a vehicle for enforcing the individual mandate/tax (including reporting to the IRS on who has not purchased government-approved insurance) and the source of penalties against employers (direct compulsion) and individuals (indirect compulsion), a state exchange violates HCFA.  And because HCFA is part of our Constitution, state exchanges are unconstitutional.

Goldwater is putting together a one-page fact sheet and will be gathering all their informational materials at one URL: goldwaterinstitute.org/exchanges.”

So, what exactly is this Insurance Exchange? 

“Exchanges are the new government bureaucracies through which millions of Americans will be compelled to purchase Obamacare’s overpriced and overregulated health insurance. Through these bureaucracies, insurance companies will receive hundreds of billions of dollars in taxpayer subsidies. Without these bureaucracies, Obamacare cannot work.”

Take a look at these two articles. 

No ObamaCare Exchanges

ObamaCare is Still Vulnerable

ALSO:  Who are the members of the “coalition of business groups” mentioned in the following article who are pressuring Brewer to sign?  Why?  If it’s the hospitals and insurance companies, they stand to make money off the backs of Arizonans who will be “compelled” to buy insurance. I cannot imagine any business owner supporting it for any other reason.   

Choice Looms for Brewer on ObamaCare Health Exchange

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