The Constitution established a federal government, but with limited and enumerated powers, and reserved to the states or to the people those powers not granted to the federal government. One power that properly belongs at the state level is the power to regulate Health Care. However, the federal government has preempted state action in this area. The Health Care Compact is an interstate compact – which is simply an agreement between two or more states that is consented to by Congress – that restores authority and responsibility for health care regulation to the member states (except for military health care, which will remain federal), and provides the funds to the states to fulfill that responsibility. The Health Care Compact does not conflict with the efforts by state attorneys general, state legislators and members of congress to repeal or modify the health care bill.
What is an Interstate Compact? An interstate compact is an agreement between 2 or more states. When individuals or corporations reach an agreement, they create a contract. When states reach agreement on something, they create a compact. When an interstate compact is approved by Congress, it becomes federal law, and supersedes previous federal law. There are over 200 interstate compacts in existence, 90 of which have been approved by Congress. Interstate compacts predate the US Constitution. They are very powerful legal tools for states to collaborate. Interstate compacts are a way to move control from the federal government to the states. They can only do so with the approval of Congress. The US Constitution addresses interstate compacts directly in the Compact Clause, in Article One, Section 10: No State shall, without the Consent of Congress ... enter into any Agreement or Compact with another State Over time, the Supreme Court has interpreted this clause more broadly than its plain reading. Today, states are free to form compacts so long as they do not infringe upon the supremacy of Congress. If they do, they must get Congressional approval. This condition is not a problem for the HCC, because we are going to insist upon Congressional approval. We believe that the Constitution is the best guide for state-federal interaction.We will demand that congress explicitly comply with the demands of the states.
How does a Compact get enacted? Two or more states must be involved.. Legislation must be passed in both Houses of a State Legislature and signed by the governor. In this case the compact will go to congress where it needs a simple majority to gain approval.THE COMPACT DOES NOT NEED THE SIGNATURE OF THE PRESIDENT OF THE UNITED STATES TO BECOME LAW.
How many states are involved currently? There are currently 37 States with Health Care Alliance teams on the ground. 10 states where the legislation has been introduced. Efforts all across the country are really ramping up..
What is a common example of a Interstate Compact? There are over 200 Compacts across the nation 90 of which have congressional approval. The most common example that affects your everyday life is your drivers license. An Interstate Compact is the reason you don’t have to carry 50.
If you would like to get involved please contact me. Dana Pelan (overtaxed@zoho.com) Leader of Illinois Health care Compact Illinois Tea Party
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