A Constitutional Amendment to Prohibit Health Care?

The Ohio Free Press
Sunday March 21st, 2010

On the eve of the Health Care vote there are 37 states with legislation in progress that will challenge the Federal Government from forcing them and their citizens to purchase a private product – namely health care. If this health care bill passes it would be the first time  that the Federal Government requires citizens of the United States to purchase health care from “private companies” or face penalties and fines.

If this does pass, there are numerous states that will be challenging the bill in the courts as well as with their own State Laws prohibiting this requirement by the Federal Government in addition to an innumerable number of class action lawsuits on behalf of the people of the United States.

However, if one thinks that this all is lost and the night draws near, they might want to think again.

37 States are in progress and moving to block incredibly massive governmental power grab. If these same 37 states plus one move to pass a constitutional amendment prohibiting such requirements by the Federal Government it is possible for the States to roll back the over-reaching power grab of the Federal Government.

It only requires 38 states.

How is the Constitution amended?

Article V of the Constitution prescribes how an amendment can become a part of the Constitution. While there are two ways, only one has ever been used. All 27 Amendments have been ratified after two-thirds of the House and Senate approve of the proposal and send it to the states for a vote. Then, three-fourths of the states must affirm the proposed Amendment.

The other method of passing an amendment requires a Constitutional Convention to be called by two-thirds of the legislatures of the States. That Convention can propose as many amendments as it deems necessary. Those amendments must be approved by three-fourths of the states.

The actual wording of Article V is: “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”

(How the Constitution is Amended) http://www.lexisnexis.com/constitution/amendments_howitsdone.asp