In a bid to stir up some PR and reaffirm his party's opposition to Obamacare, Florida Senator Marco Rubio proposed a constitutional amendment today that would effectively eliminate the personal mandate section of the Patient Protection and Affordable Care Act.
The thing has about zero chance of actually going anywhere, though.
Rubio has dubbed the proposal the "Right to Refuse" amendment. It would make it illegal for congress to tax citizens who fail to purchase a a good or service. Which would effectively null the individual-mandate.
The Supreme Court ruled last year that the individual-mandate was perfectly constitutional (though the law still faces other suits that could come before the Supreme Court aimed at the employee mandate and the contraceptive mandate).
"We should put our faith in the American people to decide what goods and services they want to buy, not have Congress dictate it and have the IRS empowered to harass Americans to make sure they do it," Rubio said in a press release.
Of course, this is all just political posturing. And considering that Rubio has been criticized lately for his stance on immigration by some conservatives, and he could use a boost in his right-wing credentials if he really does seek to make a presidential run in 2016.
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To even propose an amendment, congress would need to pass it by a super-majority of two-thirds in both the House and Senate. That's not going to happen with this proposal anytime soon given the makeup of the congress. And even then it would then need to be ratified by three-fourths of the states.
Though, companion legislation has been introduced in the House by a Mississippi Republican.