MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Rules
By: Senator(s) Fillingane, Gordon, Brown, Yancey, King, Nunnelee, Lee (35th), McDaniel, Ward, Chassaniol, Hewes, Davis, Carmichael, Hudson, Hopson, Gollott, Watson, Jackson (15th), Clarke, Flowers, Dickerson, Michel, Albritton, Burton, Kirby, Mettetal, Moffatt
A CONCURRENT RESOLUTION DIRECTING THE ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI TO SEEK INJUNCTIVE AND ANY OTHER APPROPRIATE RELIEF ON BEHALF OF THE STATE OF MISSISSIPPI, INDIVIDUALLY OR JOINTLY WITH OTHER STATE ATTORNEYS GENERAL, TO PRESERVE THE RIGHTS AND PROPERTY OF THE RESIDENTS OF THIS STATE, AND TO DEFEND AS NECESSARY STATE OFFICIALS AGAINST THE IMPOSITION OF ANY FEDERAL LEGISLATION REQUIRING ANY PERSON, EMPLOYER OR HEALTH CARE PROVIDER TO PARTICIPATE IN ANY HEALTH CARE SYSTEM; AND FOR RELATED PURPOSES.
WHEREAS, the power to require or regulate a person's choice in the mode of securing health care services, or to impose a penalty related thereto, is not found in the Constitution of the United States of America or the Mississippi Constitution of 1890, and is therefore a power reserved to the people pursuant to the Ninth Amendment, and to the several states pursuant to the Tenth Amendment; and
WHEREAS, on March 23, 2010, a new universal healthcare regime, titled the "Patient Protection and Affordable Care Act" (the Act), was signed into law by the President. The Act represents an unprecedented encroachment on the liberty of individuals living in Mississippi, by mandating that all citizens and legal residents of the United States have qualifying healthcare coverage or pay a tax penalty. The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying healthcare coverage. By imposing such a mandate, the Act exceeds the powers of the United States under Article I of the Constitution and violates that Tenth Amendment to the Constitution; and
WHEREAS, the Mississippi Legislature seeks to declare the public policy of this state regarding the right of all persons residing in this state in choosing the mode of securing health care services, and to challenge the constitutionality of the so-called "individual mandate"; and
WHEREAS, consistent with our constitutionally recognized and inalienable rights of liberty, every person within this state is and shall be free to choose or decline to choose any mode of securing health care services without penalty or threat of penalty:
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, That we do hereby direct the Attorney General of the State of Mississippi to seek injunctive and any other appropriate relief on behalf of the State of Mississippi, either individually or jointly with the Attorneys General or appropriate legal officials of other states, to preserve the rights and property of the residents of this state, and to defend as necessary this state, its officials, employees and agents in the event any federal legislation requiring any person, employer or health care provider to participate in any health care system is imposed upon the State of Mississippi.
BE IT FURTHER RESOLVED, That this resolution shall be transmitted to the Attorney General of the State of Mississippi and to the Governor of the State of Mississippi.
BE IT FURTHER RESOLVED, That such lawsuit shall be brought against the U.S. Departments of Health and Human Services, Treasury and Labor, as deemed necessary.