Virginia Attorney General Ken Cuccinelli is suing the federal government to drop the federal mandate to purchase health insurance. Cuccinelli is only one of several state attorney generals who are suing the federal government on account of requiring to purchase health care. Virginia is different, however. The Virginia Health Care Freedom Act says that state residents cannot be required to buy health insurance. The Obama administration argues that the Commerce Clause of the Constitution allows the federal mandate. Cuccinelli argues that a victory for the federal government would mean the end of federalism, and that penalizing a state for not cooperating is unconstitutional.
This article relates to federalism because there is a conflict between the state government of Virginia and the federal government. The federal government is requiring the purchase of health insurance, and using the Commerce Clause as justification to do so. However, Virginia says that the federal government cannot lay a penalty on you for not cooperating. This, Virginia says, could give the federal government unlimited power.
In this situation, Virginia should win the court case. U.S. citizens should have the decision on whether or not to purchase health insurance. Health insurance should not be required by the federal government. The state government should be able to overrule the federal government in this situation. If the federal government wins the case, it could grant the federal government the power to enact any requirement and punish the states who do not cooperate.
Health Care Law Could Mean End of Federalism If It Is Upheld, Virginia AG Warns
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