In response to recent video evidence exposing planned parenthood, for profiting from the sale of fetal body parts, Louisiana, Alabama, and a growing list of states are cutting funds to Planned Parenthood.
The Obama administration is saying this violates federal law. Specifically the Centers for Medicare and Medicaid contend that this restricts the right of each woman to choose her provider.
It’s time for the States to assert their rights and put “Uncle Sam” in his place. The truth is, federal funding of medical care is unconstitutional and wasteful. These, and all States in the Union, should tell fedgov it is not authorized to provide medical benefits. Article I, Section 8 of the U.S. Constitution gives a specific list of enumerated powers to the federal government. All other powers are reserved to the States or the people, according to the tenth amendment.
The States have a moral and legal right to stop funding Planned Parenthood. The process of the States negating unlawful federal acts is called nullification. Our founders expected the States to check the actions of the federal government, in this way. I believe the term “nullification” was first used, by Jefferson in 1798. However the concept, that the States delegated only certain powers to the federal government and could not be subjected to federal acts not made “in pursuance” of the Constitution, was made clear by the founders in the Convention, the Federalist Papers, and Article I of the U.S. Constitution.
In order for the States to un-fund Planned Parenthood they may need to also refuse all federal funds for medical care. However, in the long run this should be done anyway. Any claim that the Supreme Court should ultimately decide this issue is completely false. One branch of the federal government deciding the constitutionality of the actions of another branch of the federal government is ridiculous and tyrannical. This is explained by Madison, in Federalist # 47. Naturally one branch can check that another branch doesn’t usurp power but once the States, the parties to the Constitutional Contract, tell the federal government an action is unconstitutional, the federal government has no authority to act. This is because the States formed the federal government and gave it authority, only in specific areas.
By allowing the federal government to tax the people for medical care we have gone down a slippery slope. Funding for abortions and the sale of fetal body parts are just the most obvious catastrophic results of this unconstitutional practice. In all areas, people should do things, as individuals and in local groups first. Whatever can’t be handled in this manner should be handled by State government. Nothing should be done at the federal level, unless it is specifically authorized by the Constitution. If we had adhered to this principle , our federal government would be about 20% of its current size and cost. As a result the States and citizens would have more money, at their disposal, and much more control over, how that money would be used.