Can states enact legislation when the federal gov.fails to do so in matters such as illegals & health care....

Question

coverage?

If North Dakota decided to enact Universal Health care for all of the people living in North Dakota if the people voted for it would the Federal government recognize it?

Or if North Dakota decided to arrest and deport illegals and impose penalties against employers who hired illegals would the feds recognize the states authority to do this?

Answer 1

California tried to withhold social services from illegal aliens in 1994 with proposition 187. The people overwhelmingly voted for this propostion, and the courts blocked it's implementation.

Answer 2

These things were originally the province of the states anyway, along with almost everything else. The fact that states and even cities are now doing some of this legislating is an encouraging sign to me.
It says that individual states are taking responsibility for the condition in which they find themselves and not waiting for the Feds to "do something". This is the way the framers of the Constitution designed our country.
Oklahoma enacted legislation which made Oklahoma a very unfriendly place for illegals 2 weeks ago, and 25000 illegal aliens left Oklahoma for more welcoming states like Kansas and Arkansas.
San Francisco is advertising that it has universal health care for all it's residents, whether or not they can pay.

Answer 3

As for the first part, the federal government doesn't have to "recognize" a service that a state provides to its residents. It just happens. If North Dakota wants to enact universal health care for its residents, it can do that, as long as it can pay for it.

On the second part... North Dakota can't deport anyone (since it doesn't control the borders) but a state can enact penalties against companies that knowingly hire illegal aliens.

Answer 4

The Constitution does not give the federal government any authority over health care, so that authority is left to the states or to the people. All federal health care legislation is unconstitutional.

The Constitution does give the federal government sole authority to regulate the national borders (although in 1789 there was no law restricting immigration and the Founders would have considered that bizarre). Therefore any state law touching on immigration is unconstitutional. The states cannot set their own tariffs, create foreign policy, wage wars, or regulate immigration. (Although, the President, not Governors, does have the authority to federalize the National Guard and use it to enforce immigration laws. Reprehensible, but constitutional.)

Answer 5

Yes on health care. No on illegal immigration.
This is a big issue in California, where the state tried to pass laws against illegal immigrants receiving taxpayer subsidized benefits including emergency medical care and public education. The federal govt. stopped it. Federal law requires states to provide for the needs of illegal immigrants, but the federal govt. doesn't provide funding. Also, the states can't deport illegal immigrants since that power is reserved to the federal govt.
Bill Clinton did pass a law authorizing state and local law enforcement to detain illegal immigrants, but law enforcement in nearly all local and state jurisdictions ignore this newfound authority since they don't have the room in jails to hold them, and there is no coordination between law enforcement and federal immigration authorities to quickly transfer custody to federal immigration authorities. Illegals can't be held indefinitely without being charged and charges can only be filed by federal authorities.
The Bush administration has done nothing to resolve this issue.

Answer 6

As mentioned above, states can enact Universal Health care on their own.
States can also enforce US Immigration laws since Congress has not forbidden the states from enforcing them.
They are also free to enact State laws as long as they do not contradict Federal Laws.
States do not have the right to approve or deny immigrant entry into the USA, that is Federal

Answer 7

yes, states have this authority. But you must realize that the state cannot inact a federal law. So in your example of state health care, it would have to be 100% funded by taxes from that state, there would be no support from the Federal level.

Answer 8

Health care, certainly. Immigration, particularly deportation is a power reserved to the Federal Government.

Answer 9

States have the right to pass any law that is "constitutional". That being said there have been many cases specifically in California that laws have been passed regarding illegals then those laws were circumvented in the courts.

Answer 10

Sure...Mitt Romney passed universal health care in MA