State must fight unconstitutional health care

When Attorney General Rob McKenna joined a bipartisan group of his counterparts from other states to challenge the constitutionality of the Obama health care plan, Gov. Christine Gregoire became downright livid, saying, “He doesn’t represent me.”

OLYMPIA — When Attorney General Rob McKenna joined a bipartisan group of his counterparts from other states to challenge the constitutionality of the Obama health care plan, Gov. Christine Gregoire became downright livid, saying, “He doesn’t represent me.”

We beg to differ.

The governor did not appoint McKenna to office. He was independently elected, just as she was when she became attorney general. Furthermore, he did not take an oath to serve the interests of the majority party, but to defend and protect the constitutions of the United States and our state.

The fact is Rob McKenna represents every citizen of Washington, including the governor. Thankfully, he takes defending our constitutions very seriously.

The Tenth Amendment to the U.S. Constitution states that any powers not specifically granted to the federal government, nor prohibited by the Constitution to the states, are reserved for the states and the people. The federal government has no constitutional authority to compel private citizens to purchase health care coverage.

Not only is it McKenna’s right under state law to bring lawsuits on behalf of Washingtonians when he feels their rights are at risk; all state officials are obligated to preserve the Tenth Amendment rights of the state of Washington and its citizens.

McKenna and other legal experts are making the vital point that President Obama’s nationalized health care plan violates the Tenth Amendment. Under the new law, individuals and businesses would be forced to purchase insurance or face fines and penalties. This creates several constitutional questions:

Can the Interstate Commerce Clause of the U.S. Constitution be used to force private citizens to purchase a commercial product (insurance), even though refusal to purchase a product is an absence of commerce and doesn’t involve crossing state lines?

Can the federal government force individuals to enter into a contractual relationship under threat of punishment? Contract law is based on mutual agreement, free of duress.

Can the federal government compel a state to enact or enforce a federal regulatory program? Numerous courts have ruled this is a violation of the Tenth Amendment.

As legislators, we anticipated an individual mandate might be part of the Obama health care reform law. That is why we introduced legislation in January to guarantee Washingtonians protection against such unconstitutional measures.

Known as the Washington State Health Care Freedom Act of 2010, Senate Bill 6535 would protect employers and workers who refuse to participate in nationalized healthcare from possible fines and penalties. It would also nullify in Washington any federal law, rule, order or other act by the federal government violating the provisions of the bill.

We also introduced Senate Joint Memorial 8220 that, if approved by voters, would put these same protections into our state Constitution.

The majority party failed to act on these measures during the regular session. In a perfect world, this special session would provide the perfect opportunity for action. So far it has produced very little for the more than $187,000 it has cost taxpayers; so why not vote on these measures immediately and do something to protect the rights of our citizens?

Nullifying an action that exceeds the federal government’s constitutional authority is the only appropriate remedy. Otherwise, people would be forced to live under unlawful and excessive federal control.

The governor may not like it, but when McKenna stands up for constitutional rights, he speaks for her and for all Washington citizens. McKenna is demonstrating great leadership and courage in standing up for the rights of all Washingtonians. If Gregoire and legislative leaders aren’t ready to join him, they should at least step back and allow him to do his job.

Sen. Janea Holmquist, R-Moses Lake, represents the 13th Legislative District. Sen. Val Stevens, R - Arlington, represents the 39th Legislative District.