STATES START THE REBELLION – AT 8:26 P.M. ET:  Those lazy, uninformed, we-don't-care-'bout-nothin'-but-fuh-ball Americans just won't learn their place.  What's gotten into these creatures?  Now the states (do the finer European countries have states?) want to inject themselves into health care, surely a province of the better educated.  From AP:

BOISE, Idaho — Idaho took the lead in a growing, nationwide fight against health care overhaul Wednesday when its governor became the first to sign a measure requiring the state attorney general to sue the federal government if residents are forced to buy health insurance.

Similar legislation is pending in 37 other states.

Constitutional law experts say the movement is mostly symbolic because federal laws supersede those of the states.

But the state measures reflect a growing frustration with President President Barack Obama's health care overhaul. The proposal would cover some 30 million uninsured people, end insurance practices such as denying coverage to those with pre-existing conditions, require almost all Americans to get coverage by law, and try to slow the cost of medical care nationwide.
Democratic leaders hope to vote on it this weekend.

With Washington closing in on a deal in the months-long battle over health care overhaul, Republican state lawmakers opposed to the measure are stepping up opposition.

Otter, a Republican, said he believes any future lawsuit from Idaho has a legitimate shot of winning, despite what the naysayers say.

"The ivory tower folks will tell you, 'No, they're not going anywhere,' " he told reporters. "But I'll tell you what, you get 36 states, that's a critical mass. That's a constitutional mass." 

COMMENT:  Federal law does supersede state law.  However, a revolt of the states can have two effects:  First, it can have a powerful political influence in Washington.  Members of Congress are influenced by what their states do and feel.  Governors may not have the bully pulpit of the president, but they do have pulpits.  They also have the ability to propose state health plans that can be adopted nationally if enough people get behind them.

Second, and it's a real nuclear option, a revolt of the states can lead to a Constitutional amendment.  Remember, we repealed prohibition through an amendment.  If Americans really come to despise a national health plan, it can be Constitutionally amended out of business.  While I would be reluctant to see the amending process used for that purpose, the Obamans are pushing hard, against public opposition, and it might just come to that. 

March 17, 2010