By State Rep. David Craig

(Editor’s note: Originally released to local newspapers, republished here with permission)

On March 23, 2010, President Barack Obama signed into law the Patient Protection and Affordable Care Act (PPACA – more commonly referred to as Obamacare) – marking one of the greatest intrusions by the federal government into individual rights, the 10^th Amendment to the U.S. Constitution and the private business sector.  In addition to the now infamous individual mandate to buy health insurance, Obamacare attempts to coerce states to take a number of actions that effectively assist the federal government with the implementation of this unconstitutional law in our state.  The two most notable state provisions under Obamacare are the adoption of conforming state regulations that mirror PPACA standards and the creation of a state-run, federally regulated health insurance purchasing exchange.

President Obama

This past week, the State Assembly adopted Assembly Bill 210, which implements the insurance regulation regime under Obamacare.  The supporters of this measure contend that enacting this bill will give us a shield from the federal government.  They assert that by adopting this legislation, we will avoid a situation where the federal government swoops in and assumes regulatory control of our insurance industry.  They may be right.  But is there a difference between the federal government overtly regulating an industry in our state or we as a legislature adopting federal guidelines and assuming the role of the hand puppet of the federal government?  I think not.

By enacting AB 210, we will allow the foot of Obamacare into the doorway of the State of Wisconsin, while federal court challenges of this law and the nationwide referendum we call an election have yet to play out.  Further, our legislature is ready to codify this act of Congress into our law books while the President is unilaterally disarming a major provision of his own signature health reform – the CLASS Act.  The legislature needs to step back and put the brakes on implementing this unconstitutional act of Congress.  We must heed the words of the 10^th Amendment to the U.S. Constitution which clearly states that:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

When we read that text, can we, as a state legislature, use the excuse of coercion by an Act of Congress to act against the Constitution?   Our legislature should reject that untenable excuse. We need to realize that adoption of AB 210 and any other PPACA provisions in this state will likely leave the stain of Obamacare on Wisconsin for years to come.

Let’s not rush to adopt Obamacare in this state.  Let’s wait for the judicial process and political process to work their respective wills and fight to protect consumer choice and affordable health care in Wisconsin.

State Rep. David Craig represents the 83rd Assembly District, including parts of Walworth, Racine and Waukesha counties. Rep. Craig can be contacted at Rep.Craig@legis.wisconsin.gov.