It would also allow the states to sue the federal government.
Idaho Governor "Butch" Otter has signed into law a measure that would require the state's attorney general to sue congress if the new health care bill passes.
"To protect the people of Idaho, which is one of our first obligation as a government, is the right thing to do," said Governor Otter.
That law is very similar to the Health Care Freedom Amendment Kansas Representative Aaron Jack (R) Andover and a number of other lawmakers are trying to pass in Topeka.
"We just need to make sure the citizens here in Kansas are never forced to be a part of a program," said Jack
The proposed state constitutional amendment says Kansans could not be punished if they do not participate in a government mandated insurance program and Kansans can pay directly for healthcare if they choose.
The provisions may contradict federal legislation.
"It could gear up for a pretty exciting battle," observed Sarah McIntosh, a political science professor with Wichita State University specializing in U.S. constitutional issues.
She has testified on the Kansas proposal and its chances of surviving a challenge that could very likely be decided by the U.S. Supreme Court.
"Those on one side say of course the federal government should be able to have legislation that would preempt the state governments, but on the other side of the issue is if the federal government can prove they have a legitimate interest in providing the particular parts of the mandate," said McIntosh
The Kansas house will debate the amendment Monday.
WICHITA, Kansas -- Thirty-seven states including Kansas are trying to pass legislation that would oppose parts of the national health care overhaul.
