TALLAHASSEE (CBS4) – Six months ago, the Florida Supreme Court removed a proposed constitutional amendment that sought to opt-out of the federal health care overhaul. Tuesday, a similar measure was proposed by Florida Senate President Mike Haridopolos.

The constitutional amendment would be largely symbolic because if the United States Supreme Court upholds the so-called “individual mandate,” the federal law would supreme to any Florida law, based on the Supremacy Clause in the U.S. Constitution.

The Supremacy Clause comes into play when state and federal laws contradict each other, but federal law supersedes state law, just like state law is supreme to local laws.

The measures from the Senate and House are expected to easily pass through the Legislature and it would then be placed on the 2012 ballot. It would need 60 percent approval from voters to be placed into the state constitution.

But, the measure could also serve GOP presidential hopefuls well. Much like in elections during the mid-2000’s, when gay marriage was used to bolster support for GOP candidates, putting health care reform on the ballot would serve as a way to try and get out more GOP voters in 2012.

(© 2010 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The News Service Of Florida contributed to this report.)

  1. JP says:

    When the people are healthy, only then the state government can be healthy.
    The question is why do our elected representatives wish to degrade the people of the great State of Florida? Easy attacks on the people says much of these representatives. Weak minds and not very innovative. Most probably had been weak students as well . They play follow the leader very well.

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