Proposed Amendment 63 To The Colorado Constitution Challenges ObamaCare

The Independence Institute has gathered enough signatures to place its “Right to Health Care Choice” citizens amendment to the Colorado Constitution on the ballot for the November election.  If Amendment 63 is passed, Article II of the Constitution of the State of Colorado would be amended by the addition of a new Section 32 to read as follows:

(1) All persons shall have the right to health care choice. No statute, regulation, resolution, or policy adopted or enforced by the State of Colorado, its departments and agencies, independently or at the instance of the United States shall:

     (a) require any person directly or indirectly to participate in any public or private health insurance plan, health coverage plan, health benefit plan, or similar plan; or

     (b) deny, restrict, or penalize the right or ability of any person to make or receive direct payments for lawful health care services.

(2) This section shall not apply to, affect, or prohibit: (A) emergency medical treatment required by law to be provided or performed by hospitals, health facilities, or other health care providers; or (B) health benefits provided in connection with workers’ compensation or similar insurance.

(3) “Lawful Health Care Services” means any service or treatment permitted or not prohibited by any provision of Colorado law.

(4) This section is intended to reflect and affirm the powers reserved to the State by U.S. Const., Amend. X, and to implement the powers reserved to the People by Section I of Article V of this Constitution.

(5) This section shall become effective upon proclamation by the Governor, shall be self implementing in all respects, and shall supersede any provision to the contrary in the Constitution of the State of Colorado or any other provision of law.

(6) If any provision of this section or the application thereof to any person, entity, or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are declared severable.

This looks like a well-drafted Amendment, and it would send a powerful message to Washington if passed.  It is also very difficult to argue against in the current political environment.   I expect and hope that Amendment 63 will pass in November.

Published in: on August 30, 2010 at 3:18 pm  Leave a Comment  

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