Some Maine lawmakers want to streamline government by consolidating the legislature with the judiciary. They want elected officials to make laws, and to determine whether laws are constitutional (formally the job of courts in what was commonly referred to as “checks and balances.”)
An Act to Prohibit Enforcement of the Federal Patient Protection and Affordable Care Act, if passed, will do just that. This bill declares that the Affordable Care Act (“ACA”), a federal statute passed by the United States Congress and signed by the President, is unconstitutional, and further, that federal agents who enforce or attempt to enforce ACA are guilty of a Class C crime. The Maine bill would make state agents who enforce or attempt to enforce ACA guilty of a Class D crime.
The bill’s supporters may have missed the recent reading of the U.S. Constitution when “separation of powers” was discussed, or could be relying on the popular abridged version that condenses the constitution to only two chapters, We the People, and the Second Amendment.
And talk about self-serving. Why discriminate against state agents? Why shouldn’t they be treated just like federal agents and subject to conviction of a Class C crime for granting health insurance to a child with a pre-existing condition, eliminating lifetime caps, fixing the “donut hole”, and otherwise holding insurance companies accountable?