Mike's Memo

Welcome to a new year of "Mike's Memo," an update on what's happening in the 48th Legislative District, the State Capitol, and the progress on my "Promise to Pennsylvania," a pledge to advance government reforms, enact meaningful lawsuit abuse reform, eliminate wasteful state spending, and cut taxes. If you haven't done so already, please take a few moments to visit my website at www.senatorfolmer.com to learn more about issues that may affect you and your family.

Week of April 5, 2010

If Patrick Henry Were Alive Today

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."  This is the 10th Amendment to the Constitution, part of our Bill of Rights, added to address concerns about tyranny by the central government. 

The Founding Fathers were only too aware of government violations of civil rights before and during the Revolution.  Many demanded a "bill of rights" to ensure individual rights would be protected under the proposed new government.  Several state conventions in their formal ratification of the Constitution requested such protections; others ratified the document with the understanding such amendments would be added. 

On September 25, 1789, the First Congress of the United States proposed to the state legislatures 12 amendments to address arguments most frequently advanced against the Constitution.  Two amendments were not ratified, while 10 – known today as the Bill of Rights – received the required three-fourths ratification of the state legislatures.  

Today, two centuries later, the protections of the 10th Amendment are being challenged with Congress' passage of the "Patient Protection and Affordable Care Act," which mandates all U.S. citizens and legal residents have health care coverage or pay a tax penalty. Interestingly, the English Parliament passed the colonial Stamp Act on March 22, 1765, and Patrick Henry delivered his "Give me liberty or give me death" speech to the Virginia House of Burgesses on March 23, 1775. Both events were almost to the day of the passage of the health care bill.  

This federal law demonstrates that the original, voluntary federal-state partnership of our republican (representative) form of government has been replaced by a compulsory, top-down system to the detriment of the states.  

That's why I have introduced legislation – modeled after Virginia law – to prohibit the federal government from forcing Pennsylvanians to purchase government-mandated health insurance.  Without this exemption, citizens – like those of other states without exemptions from the new federal mandates – will face federal penalties for failure to obtain qualifying health care coverage.  These penalties, which will increase gradually through 2016, can reach upwards of $750/year ($2,250 per family) or two percent of the household income (whichever is greater). 

At the same time, the new unfunded federal mandates will cost individual states more money to administer and provide oversight of the new law.  With Pennsylvania's other budget needs and the looming pension crisis, we could face even more fiscal challenges than last year's $3.3 billion deficit.  

At least 34 other states have filed or proposed similar measures (statutes or constitutional amendments) to reject the federal health insurance mandates.  I believe Pennsylvania needs to be one of the states to pass an exemption to protect our citizens. 

I admire and regularly quote Patrick Henry. If Patrick Henry thought taxation without representation was bad, I wonder if he were alive today, what he would think of taxation with representation!

For more information on these issues or other legislative and state topics, or if you are unable to open the bill links, visit the Pennsylvania General Assembly website at www.legis.state.pa.us. You may also want to visit "News for Constituents", a comprehensive look into various issues affecting Pennsylvanians across the Commonwealth.

Please feel free to contact me at any time on state-related issues that are of concern to you. I may be reached through e-mail at mfolmer@pasen.gov, my website, or any one of my offices listed below.