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States’ Rights and Interstate Health Insurance
By John L. Rothra | February 11, 2010 | Commentary, Health Care Reform
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Tenth Amendment to the United States Constitution
Many conservatives, including Sean Hannity and Glenn Beck, have advocated the federal government pass legislation that permits people to purchase health insurance across state lines. A recent conversation about this issue made me consider another issue related to this: states’ rights.
The Tenth Amendment of the US Constitution states that all powers not explicitly given to the federal government belong to the states. Most conservatives agree that health insurance is not one of those powers given to Washington.
In order for a company to sell health insurance in any given state, they must be approved by that state’s regulatory agency. Each state determines their own criteria for qualifying. If insurance company A that sells insurance in New Mexico wants to offer insurance in Vermont, they must meet Vermont’s qualifications.
I fully support the right of the state to enforce its powers. Now, back to the issue of interstate health insurance.
As I pondered this, I thought about what would be needed for the federal government to pass a law allowing people to purchase coverage across state lines. This would require Washington dictate that each state forgo its own regulations and qualification standards, and instead approve any insurance company doing business in any other state. That, or the federal government would create a singular national approval standard, negating the state’s rules.
Put simply, the federal government must override the state’s rights and the state’s power. The Constitution does not give this power to Washington, but reserves it to the states.
As a conservative who advocates states’ rights, and a supporter of the Constitution, I now contemplate whether I support Washington grabbing more power from the states in the name of fairness or the greater good. Should Washington trample state’s rights further? Isn’t a national mandate forcing states to do the bidding of Washington a violation of the Tenth Amendment, even if it is regarding health insurance?
I offer a better, more conservative solution: citizens in each state should demand their legislators pass a law allowing insurance companies that are authorized to do business in other states (such as border states) be automatically authorized. Thus maintaining each state’s sovereignty, power, and upholding the US Constitution.
February 12th, 2010 at 9:54 AM
This line of thought is very healthy. Sadly I have to say it sounds fresh. We have become so insulated from the 10th amendment that we barely realize it still exists. The endless bombardment of states rights by the central government has become the accepted norm. Your idea is therefore excellant as a starting point for aggressive revolt against the continuing power grab from the Federal Government.
February 12th, 2010 at 10:31 AM
You’re right, Mr. Rothra. You are exactly right. Thank you for pointing this out so clearly.
February 12th, 2010 at 12:35 PM
This is the best argument I have seen. It will be shared with my friends around the country.
You will probably be tagged as another troublemaker.
Best regards,
Lou