On February 16, 2011, the Idaho state House of Representatives passed HO117, a bill regarding state sovereignty. Within only 4 pages, this landmark legislation declared Idaho's Sovereignty and Nullified the potential impact of US HR 3200, "America's Affordable Health Choices Act of 2009," affectionately or derisively referred to as "Obamacare."
Unfortunately, the bill failed to pass Idaho's Senate. In an editorial available at the Madison County Republican Committee website, Senate Pro Tempore Brent Hill cites two justifications for his "No" vote:
First, he says, "In the event a state or other entity deems a law unconstitutional, it can appeal to the judiciary branch of government." While certainly reasonable in appearance, Senator Hill is standing on Constitutionally unsound ground because he goes on to say:
Article III of the U.S. Constitution grants the power to determine the constitutionality of a law exclusively to the court. Had the Constitution not specified where that right resides, it would be subject to interpretation by every citizen or state, resulting in anarchy and the ultimate demise of the Constitution itself. Accordingly, no court has ever upheld a state effort to nullify a federal law.