Under Arizona's Health Care Freedom Act, a voting initiative will be placed on the 2010 ballot that would allow the state to opt out of any federal health care plan. Some state legislators say a federal government-mandated program flies in the face of the Tenth Amendment, which protects states rights.
But Bender said, "It's hard to imagine Congress passing anything that would be plausibly challengeable under the Tenth Amendment, but it's certainly theoretically possible." He added that Congress has broad powers to regulate interstate commerce, which include something as big as health care.
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