The Pubic Option
When congress ended slavery, passed civil rights legislation, the minimum wage, FDIC, social security, and medicare the House and Senate in Washington, D.C. did not build in ways for individual states to opt out. The same applies with regard to national standards for bridge and road construction, the environment, workplace safety, child labor laws, and all the legislation regarding interstate commerce. Of course the individual states are not allowed to opt out.
The opt-out approach is more appropriately described as a cop-out. At the very best. At worst it is dangerously divisive. It encourages the type of thought patterns and behaviors which resulted in the civil war.
This is not a states rights issue. It is not the constitutionally guaranteed right of the individual states to opt out of any legislation that they don’t much care for. In some cases individual states have been allowed to enact more stringent legislation - California air pollution and fuel economy standards are an example. But the individual states cannot choose to opt out of federal clean air legislation.
I live in state of Texas, but just about five miles from the state of New Mexico. I suspect that the racist, red neck politicians we have in our state capitol here in Texas will want to opt out of the Public Option just in order to make a point. Sort of a slap in the face to President Obama and his liberal friends (like me).
The elected officials in New Mexico seem to have a bit more sensible and honest view of the fact that poor people truly are dying unnecessarily because they are not getting proper medical care. I suspect that they will not choose to opt out. Unless fiscal pressure requires New Mexico to do so. So in practice the opt out approach means this is the law of the land until it becomes a little bit difficult. Then a group of red necks in the state capitols around the country can just opt out.
No, being allowed to choose not to obey the laws of the land is the wrong way to approach this in any democracy which is dedicated to the rule-of-law. If a state wants to opt out of a federal law it should only be allowed after approval by a 2/3 majority of the people voting in a state wide election.
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