Full Text of HR0037 97th General Assembly
HR0037 97TH GENERAL ASSEMBLY |
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| 1 | | HOUSE RESOLUTION
| 2 | | WHEREAS, On March 23, 2010, President Obama signed the | 3 | | Patient Protection Affordable Care Act, H.R. 3590 (the Act) | 4 | | into law; and
| 5 | | WHEREAS, The Act mandates among other things that all | 6 | | citizens and legal residents of the United States have | 7 | | qualifying healthcare coverage or pay a tax penalty; and
| 8 | | WHEREAS, On March 23, 2010, Attorneys General from the | 9 | | following states filed suit in the United States District Court | 10 | | of the Northern District of Florida: Florida, South Carolina, | 11 | | Nebraska, Texas, Utah, Louisiana, Alabama, Michigan, Colorado, | 12 | | Pennsylvania, Washington, Idaho, and South Dakota (the States) | 13 | | against the United States Department of Health and Human | 14 | | Services, the United States Department of the Treasury, and the | 15 | | United States Department of Labor; and
| 16 | | WHEREAS, The suit filed by the States alleges, among other | 17 | | things,
that: | 18 | | (1) the U.S. Constitution nowhere authorizes the | 19 | | United States to mandate, either directly or under threat | 20 | | of penalty, that all citizens and legal residents have | 21 | | qualifying healthcare coverage; | 22 | | (2)
the Act exceeds the powers of the United States |
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| 1 | | under Article I of the Constitution and violates the Tenth | 2 | | Amendment to the Constitution; | 3 | | (3)
the tax penalty required under the Act which must | 4 | | be paid by uninsured citizens and residents, constitutes an | 5 | | unlawful capitation or direct tax, in violation of Article | 6 | | I, Sections 2 and 9 of the Constitution of the United | 7 | | States; | 8 | | (4) the Act violates the Tenth Amendment to the | 9 | | Constitution; and | 10 | | (5) the Act violates the sovereign rights of states and | 11 | | their citizens' and residents' rights; therefore, be it
| 12 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 13 | | NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that | 14 | | the Illinois House of Representatives urges the Attorney | 15 | | General to take steps necessary to file a suit challenging the | 16 | | constitutionality of the Act in order to protect the sovereign | 17 | | rights of the State of Illinois, as well as the State and | 18 | | federal constitutionally guaranteed rights of its residents | 19 | | and citizens; and be it further | 20 | | RESOLVED, That that a copy of this resolution be delivered
| 21 | | to the Attorney General.
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