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1
HOUSE RESOLUTION

 
2    WHEREAS, On March 23, 2010, President Obama signed the
3Patient Protection Affordable Care Act, H.R. 3590 (the Act)
4into law; and
 
5    WHEREAS, The Act mandates among other things that all
6citizens and legal residents of the United States have
7qualifying healthcare coverage or pay a tax penalty; and
 
8    WHEREAS, On March 23, 2010, Attorneys General from the
9following states filed suit in the United States District Court
10of the Northern District of Florida: Florida, South Carolina,
11Nebraska, Texas, Utah, Louisiana, Alabama, Michigan, Colorado,
12Pennsylvania, Washington, Idaho, and South Dakota (the States)
13against the United States Department of Health and Human
14Services, the United States Department of the Treasury, and the
15United States Department of Labor; and
 
16    WHEREAS, The suit filed by the States alleges, among other
17things, 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

 

 

HR0037- 2 -LRB097 06071 GRL 46144 r

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
13NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
14the Illinois House of Representatives urges the Attorney
15General to take steps necessary to file a suit challenging the
16constitutionality of the Act in order to protect the sovereign
17rights of the State of Illinois, as well as the State and
18federal constitutionally guaranteed rights of its residents
19and citizens; and be it further
 
20    RESOLVED, That that a copy of this resolution be delivered
21to the Attorney General.