My Letter to Attorney General King

Feel free to borrow and send your own.

March 25, 2010

NM Attorney General Gary King
PO Drawer 1508
Santa Fe, NM 87504-1508
FAX: (505) 827-5826

Dear Mr. King:

On behalf of the many citizens of New Mexico who have deep concerns about and will be negatively impacted by the health care legislation, HR 3590, I write to urge you to join the efforts by other state attorneys’ general to challenge the Constitutionality of the Patient Protection and Affordable Care Act, which was recently passed by Congress.

The legislation passed by congress requires individuals to purchase health insurance or pay a fine. Such a sweeping federal mandate has never before been enacted. In fact, when such a mandate was previously considered, a 1994 report from the Congressional Budget Office said, “A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States.”

It appears that congress may be overstepping its bounds by forcing individuals or businesses to buy insurance. I respectfully request that you review the legal issues being raised by these unprecedented federal interventions which I believe violate the following Constitutional provisions.

4th and 5th Amendments violation: The mandated IRS monthly audits to determine if citizens have complied with purchasing satisfactory insurance is unreasonable search of a citizen’s financial accounts and threatens self-incrimination.

10th Amendment violation: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The “Commerce Clause” of Article I, Section 8 does not refer to mandated health insurance.

13th Amendment violation: “Neither slavery nor involuntary servitude…shall exist within the United States…” Punishment by fines and imprisonment for failure to purchase mandated health insurance is definitely involuntary servitude.

As you may be aware, attorneys general in at least 12 states have indicated they plan to file lawsuits to block implementation of the federal health care reform legislation on constitutional grounds. I hope you will join this effort.
Sincerely,

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9 Replies to “My Letter to Attorney General King”

  1. Paul, i admire your efforts but this is a waste of time. AG King as been the most ineffective attorney general in recent history. This is saying a lot because the previous AG did do a lot either. Smiley Gallegos has been walking around at the roundhouse with no shame. The state investment council has had to hire outside counsel to do the AG’s job. Lastly AG King has not done anything to qwell the pay to play environment in Santa Fe.

    AG King is responsible to the biggest tax increase on the citizens and businesses in New Mexico, the tax of corruption.

  2. For Richard. What is frivolous about asking the government to abide by the Constitution of the United States. Have you read, and do you understand that power is granted by the people to government.

  3. Richard, this matter is not frivolous. It is dire and will bankrupt the country. For those of you who want this piece of legislation, and it actually stands, I hope you’re willing to pay for it, because pay for it you will. And in return you’ll get some really bad health care.
    When Social Security began, the government didn’t believe people would live long enough to collect after paying into it all their lives. What kind of government would do this to the people? Outrageous. Not frivolous.

  4. This is not frivolous. This effort is to protect our state and its citizens. What will happen to NM’s financial situation when the US government stops sending us some of our money back? We are already in debt and this is adding to it. I find it offensive that as a condition of my being a citizen of the USA I have to purchase anything. I guess those with their palms up find it just fine to continue taking from those of us who work and help those in need through our church and place of employment.

  5. You forgot to mention that it also violates the 1st amendment by allowing certain religions to opt out. Something about no law respecting and establishment of religion…

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