According to an article posted by Lesley Swann of the Tennessee Tenth Amendment Center, the federal obamacare Act doesn’t actually require The People to submit to obamacare.1
Accordingly, HHS Secretary Kathleen Sibelius is demanding that The States set up State Insurance Exchanges, by means of which The States will force The People into obamacare.
While 20 States have already given notice that they will not implement obamacare by setting up the State Exchanges; Tennessee’s RINO Governor, Bill Haslam, is “undecided” as to whether he will force Tennesseans to submit to obamacare.
But Haslam has no lawful authority to force The People of Tennessee into State Exchanges. If he does it anyway, he will commit the following five (5) violations of Tennessee Law:
1. The Tennessee Health Freedom Act
The Tennessee Legislature enacted in 2011 the Tennessee Health Freedom Act, codified at Tenn. Code Ann. Sec. 56-7-1016. 2
Under this Act, no public official, employee, or agent of Tennessee may force The People of Tennessee to purchase health insurance or impose any penalty for not purchasing such insurance.
So if Haslam attempts to force The People of Tennessee to participate in a State Insurance Exchange, he will violate the Tennessee Health Freedom Act.
2. The State Legislature makes the Laws – not the Governor
The Constitution of the State of Tennessee says at Article II:
“Section 1: The powers of the government shall be divided into three distinct departments: legislative, executive, and judicial.
Section 2: No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases herein directed or permitted. [boldface mine]
Section 3: The legislative authority of this state shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives….”
If Haslam attempts to force Tennesseans into a State Insurance Exchange, he will violate the Separation of Powers Principle enshrined at Art. II, Sections 1 – 3.
3. The Governor’s Powers are Enumerated, Defined, and Strictly Limited.
Here is a complete list of the enumerated powers and duties of the Governor of Tennessee. Article III provides that:
Section 1: The executive power of the state is vested in a governor [See Sec. 10 below].
Section 5: The governor is commander-in-chief of the State Militia
Section 6: The governor may grant reprieves and pardons.
Section 8: The governor may require written information from officers in the executive department, about their duties.
Section 9: The governor may, on extraordinary occasions, convene the General Assembly.
Section 10: The governor shall take care that the laws be faithfully executed.
Section 11: The governor is to give the Legislature information on the state of the government, and recommend matters for their consideration.
Section 14: The governor may temporarily fill vacancies in office.
Section 15: The governor is to be keeper of the Seal of the State of Tennessee.
Section 16: The governor is to sign and seal all grants and commissions of the State.
Section 18: The governor is to sign, or veto, or allow to become law without his signature, every Bill, Joint Resolution or Order passed by the Legislature. He may reduce or disapprove sums of money appropriated for specific items.