| |||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.
| ||||||