West Virginia Lawmaker Wants to Criminalize Obamacare

| by Michael Allen

Republicans around the country oppose Obamacare, which has been the law of the land since 2010, but West Virginia State Del. Eric Householder (R) is actually trying to criminalize the health care reform law.

The Journal reports that Householder is going to introduce a bill that would nullify Obamacare in West Virginia and “make it a state felony to attempt to enforce” Obamacare's provisions.

If Householder's bill were to be successful, 82,000 West Virginia residents who are signed up for Medicaid expansion via Obamacare would lose their health care, notes The Charleston Gazette.

According to Householder, the US Constitution does not give the federal government the power to regulate intrastate commerce.

However, according to the Cornell University Law School: "The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power 'to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.'"

Also, the Supremacy Clause in the US Constitution states that federal laws “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.”

Additionally, the federal law vs. state law debate was settled when the pro-slavery South lost the Civil War. 

Sources: Wikipedia.org, The Journal, Cornell University Law School, The Charleston Gazette