A concurrent MEMORIAL

declaring this state's sovereignty under the united states constitution and urging the congress of the united states to repeal the patient protection and affordable care act and the health care and education reconciliation act of 2010.

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To the Congress of the United States:

Your memorialist respectfully represents:

Whereas, the 10th Amendment to the Constitution of the United States reads as follows: "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"; and

Whereas, the 10th Amendment defines the total scope of federal power as being that specifically granted by the United States Constitution and no more; and

Whereas, the scope and power defined by the 10th Amendment means that the federal government was created by the states specifically to be the agent of the states; and

Whereas, for many years, the states have been demonstrably treated as agents of the federal government; and

Whereas, many federal mandates are directly in violation of the 10th Amendment to the Constitution of the United States; and

Whereas, the United States Supreme Court has ruled in New York v. United States, 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and

Whereas, Congress has never required citizens to purchase a good or service simply as a consequence of residing in the United States; and

Whereas, Congress has created many entitlement programs that rely on voluntary participation and funding from the states, including Medicaid and the Children's Health Insurance Program; and

Whereas, state decisions to participate in the Medicaid program were made in the context of program requirements for coverage of specific populations and options for state flexibility; and

Whereas, with the passage of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 ("the Acts"), congressional action has considerably changed the requirements of the Medicaid program, including enacting substantial new state spending obligations and curtailing state decision-making; and

Whereas, these changes have effectively terminated the Medicaid partnership between the federal government and the states, rendering states in essence a taxing and administrative arm of the federal government; and

Whereas, the limitations on state flexibility affect Arizona more than most other states due to its prior decisions to expand Medicaid coverage to populations that previously were optional under federal law; and

Whereas, these recent federal decisions do not take into account the severe decline in revenue experienced by Arizona and many other states in recent years; and

Whereas, Medicaid takes up an increasing share of the state's budget, and limits on Arizona's ability to manage its Medicaid program will result in reductions in other essential government services such as education and public safety; and

Whereas, a decision to not participate in the underlying Medicaid program would have an acute and lasting economic impact on Arizona's health care system; and

Whereas, the Acts subject other state-administered health care programs for employees and retirees to new restrictions and coverage mandates; and

Whereas, states will be responsible for establishing and operating exchanges; and

Whereas, over the next ten years, the Acts will require Arizona to fund nearly $12 billion in Medicaid costs alone.

Wherefore your memorialist, the House of Representatives of the State of Arizona, the Senate concurring, prays:

1.  That the United States Congress introduce and enact legislation that repeals the Acts.

2.  That the Secretary of State of the State of Arizona transmit copies of this Memorial to the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.