Full Text of HR1075 96th General Assembly
HR1075 96TH GENERAL ASSEMBLY
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| HOUSE RESOLUTION
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| WHEREAS, On March 23, 2010, President Obama signed the | 3 |
| Patient Protection Affordable Care Act, H.R. 3590 (the Act) | 4 |
| into law; and
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| 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
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| 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
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| 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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| 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
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| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 13 |
| NINETY-SIXTH 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
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| to the Attorney General.
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