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On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act into law. Shortly thereafter, several states, including Texas, joined together on a lawsuit against the federal government, asserting that the U.S. 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." I believe that the imposition of the individual mandate exceeds the powers of the United States government as set forth under Article 1 of the U.S. Constitution.
The Health Freedom Act seeks to guarantee that individuals in Texas have the right to choose or decline to choose health insurance coverage without penalty or sanction or threats of penalties or sanctions. It would give the Texas Attorney General the authority to seek injunctive relief against the federal government and defend the State of Texas in court to uphold our state sovereignty.
The power to regulate intrastate commerce is reserved to Texas, not the federal government, according to the Tenth Amendment of the U.S. Constitution. Thanks to the passage of federal health care reform, our options as a state and as individuals are greatly reduced because of the tax penalties, requirements on business, and limitations upon private companies. The U.S. Constitution was designed to impose limits on the power of government, not on individuals acting in a private marketplace. The Health Freedom Act would assert this idea and protect Texans from federal overreach and mandates.