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.
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