Page 39 - 10th Amendment News Today

Do the same. for the inside story on this legal battle we go to two men who are taking action on behalf of their home states, virginia attorney general ken cuccinelli and texas attorney general growing abbott, welcome. -- greg abbott. welcome. greg explain your side. >> we filed in florida we are asserting this provision that violates the 10th amendment of the united states constitution as well as not being authorized by the commerce clause. the 10th amendment of the constitution says all powers...

Do the same. for the inside story on this legal battle we go to two men who are taking action on behalf of their home states, virginia attorney general ken cuccinelli and texas attorney general growing abbott, welcome. -- greg abbott. welcome. greg explain your side. >> we filed in florida we are asserting this provision that violates the 10th amendment of the united states constitution as well as not being authorized by the commerce clause. the 10th amendment of the constitution says all powers...

Parts, yes. >> what are the others? >> theres a clear violation of the 10th amendment. in alabama, our moto is we dare defend our rights. we have a right to expect him to respect a constitutional principle that says not that the powers the people didnt keep go to congress. its the other way around. the law says the rights they have have not given to congress the people retained. >> neil: is there precedent for this? >> i dont know that had a theres precedent for the bill or the back room deals i...

And now concern grown around the country, where 11 state attorneys are trying to challenge a portion of the law requiring everyone to buy insurance. tonight, one such attorney general mark shirtleft joining us. >> well, it is way beyond congress power. anderson n the entire history of the country, there is never a condition that citizenship requires you to buy a service or then pay a penalty if you dont do that. we believe it is not an authority granted in the constitution, and therefore in the ...

Rule it is unconstitutional. >> but the federal government tells people that you have to wear a seat belt and that incurs certain costs for car manufacturers and for people who have to now have a seat belt. >> well, you still have a choice and actually for the most part, those are regulations that are state regulations. as are, you know e, the requirement to have insurance on your automobile, but you still get to choose whether to drive or not n. this case whether you access the health care syst...

Because they said you have the pay for it. that sun precedent and we believe under the responsibility of the 10th amendment we should step up and challenge it and have the courts rule on it. >> how long of a process and how expensive is this? >> i dont think it is real expensive and that is why we have multi-state actions. and we do this all of the time, the state attorney generals and others joining together. we hope the add some attorneys general and we think there are some democratic ags join...

Is, it has been regulated by the state. so we believe under lopez and morris and sol of tme of the ca more recent note, we believe these cases are unconstitutionaliunconstitutio l unconstitutional. >> well, people are told to wear seat belts which incurs costs for manufacturers and people who have no now have a seat belt. >> well, you have a choice and actually for the most part, those are regulations that are state regulations, as are the requirement to have insurance on your automobile, but yo...

Us. >> well, it is way beyond congress power. anderson n the entire history of the country, there is never a condition that citizenship requires you to buy a service or then pay a penalty if you dont do that. we believe it is not an authority granted in t ed in ed constitution, and therefore in the 10th amendment, the states need to step up. >> well, from a lot of legal experts we have heard from point to the constitutional regulation commerce, and the supreme court has repeatedly ruled in suppo...

Things all the states will have to do to accommodate the bill. we believe that gives us standing. the big question is what does the congress think gives them the authority to require people all over the country to buy health insurance if they dont want to buy it? nothing in the constitution allows that the 10th amendment expressly prohibits. >> >> greta: the attorney general from virginia is going to file tomorrow morning could be by noon. when do you intend to file a lawsuit? >> same time. we n...

That. we believe it is not authority that is granted in the constitution and therefore under the 10th amendment, the states need to step up and protect individual and states rights. >> as you well know and probably better than me, because you are an attorney and im not, but a lot of the legal experts point to the interstate commerce clause of the constitution which gives the federal government the ability to regulate interstate commerce and the supreme court has repeatedly ruled in support of th...