In an otherwise uneventful meeting, Northampton County Council last night adopted a nonbinding resolution, 5 to 3, condemning the recent Federal health care overhaul as unconstitutional, and calling on AG Tom Corbett "to protect the citizens of Northampton County from any and all effects of the Federal Health Care Reform Act." It's based on a similar proposal under consideration in Lehigh Township, where a final vote will take place on Tuesday night.Lehigh Township Supervisors' Chair Darryl Snover, who drafted the proposal under consideration, debated it with several Council members last night.
John Cusick: "I understand your concerns, but I'm just not seeing where it's a township or even a county issue."
Snover: "If not us, then who?"
Cusick: "The 435 people elected to Congress are the ones who should be dealing with this. I don't agree with what they did, but I don't think it's an issue that we should be addressing here or at the township level."
Snover: "I respectfully disagree. It is our job to represent the people in our districts, and this is the only way their voices can officially be moved up through the ranks of our government."
Lamont McClure: "Some of the provisions in the Bill include allowing children to stay on their parents' health insurance until they're 26 years of age. Do you agree with that provision of the law?"
Snover: "Honestly, whether or not I agree with any particular aspect of the law, I simply believe that it is beyond the scope of the powers that are designated to belong to Congress and the United States federal government. Clearly, the Constitution sets forth that it is a responsibility or a right of the people or to the state, and I believe that at this point, short of a Constitutional amendment authorizing the Congress to act on something like this, it simply isn't lawful."
McClure: "If I ask you about different provisions of the bill, you'll tell me the same thing?"
Snover: "Essentially, yes, sir."
McClure: "OK, so you won't answer my questions about specific provisions of the bill. You just have a general opposition to it on the Constitutional grounds."
Snover: "I would have no objection if the State of Pennsylvania chose to enact some sort of health care reform because that clearly is a power that has been designated to them. I simply believe at this tie, that short of a Constitutional amendment, and I can argue this on a variety of fronts that the federal government has enacted, that they simply do not have the authority, and 'We the people' have allowed them to usurp the Constitution."
McClure: "So your entire basis for that is the Tenth Amendment."
Snover: "Essentially, yes, and the founding fathers' intent. There is no such thing as charity in the Constitution. It simply is not there."
The last time John Cusick voted "present," it took three weeks for Home Rule Charter scholars to determine what the hell it meant. (A resolution that everyone thought had passed, actually failed). Cusick swore, "This is the only time you'll ever hear me say present." But last night, he did it again.
Because she's in the insurance business, Council member Ann McHale concluded she's somehow conflicted, and abstained. Council member Peg Ferraro, who is recuperating from surgery, missed the meeting.
McClure was the sole "No" vote.
That meant that the remaining five Council members ALL had to support the resolution, and they did, and it passed.
Snover told me he expects his proposal to pass unanimously at next Tuesday's 7 PM supervisors' meeting, which will be held at their municipal building, located at 1069 Municipal Road, Walnutport, PA 18088-9719. He's invited AG Corbett to the meeting, but told me "he's a busy man."
Ninteeen states have challenged the constitutionality of the federal health care overhaul. Northampton County appears to be the first municipal government to support AG Corbett's lawsuit.
Mea culpa, mea culpa, mea maxima culpa (10:45 AM): Chairman Snover has posted a comment here, noting two factual errors in my post. First, although he inspired Angle's resolution, he did not write it. Second, my quotation is actually from the Lehigh Township ordinance. I failed to get a copy of the Northampton County resolution, which I ASSumed was identical.
Update (11:00 AM): Michael Duck's blog includes comments made by Council members Bruce Gilbert and Ron Angle. Duck also speculates that Cusick's "present" vote may have been intended as an "extremely subtle" jab at President Obama, who cast 129 "present" votes in the Illinois legislature.
