FOX News Channel "On The Record" - Transcripts

Interview

VAN SUSTEREN: Now to Florida, where Floridians are about to vote directly on health care. Not through their politicians in Washington.

The Florida State Senate and State House passed a resolution the citizens vote on in November. It's a proposed state constitutional amendment that would ban the government from forcing people to buy health insurance. Florida State Senator Kerry Baker sponsored that resolution and joins us live. Good evening.

CAREY BAKER, FLORIDA STATE SENATOR: Good evening, Greta.

VAN SUSTEREN: Well now, this is an interesting new twist that you put on the November ballot. Do -- I mean even if it is actually voted in favor, do you expect it to have any sort of teeth? Or is this mostly ceremonial and to make a point?

BAKER: No, no. This is real, Greta. This is about challenging the unconstitutional healthcare act. And I think what is more important is, as the fourth largest state, we are a voice to be heard. And this was passed in the Florida house, in the Florida Senate. Of course, you know our attorney general is bringing suit.

So there is a tremendous ground swell of Floridians that are demanding health freedom. And this constitution amendment will give them a chance to speak their voice in November. And it cannot be ignored.

VAN SUSTEREN: You know, it's going to be interesting, because your attorney general is spearheading this, filed a federal district court in Florida. And it should probably be resolved in the trial court level probably by October, that portion of it.

What you have to do is whether or not the interstate commerce clause covers this or doesn't, gives authority or doesn't to do this health care regulation. And then it will go up to the court of appeals and make its way up eventually to the Supreme Court.

Meanwhile, how does your amendment change that? How is it different?

BAKER: It's different only in the sense it makes a huge statement about where Floridians feel on this issue, as well as it will be a November issue.

We'll pass it in November and placed in our constitution. It can't be rescinded by the legislature. It's there forever to protect Floridians not only against the unconstitutional acts by the federal government but also protects Floridians from the state government that oversteps its bounds.

And Greta, my partner in this, Representative Scott Plakon and I have been working on this issue since last June. There is overwhelming support and we think we are on tremendous sound constitutional grounds. I think this will be a game-changer.

VAN SUSTEREN: Could you have define it by statute and moved it a little faster?

BAKER: Well, actually, we're working on that as well. To support the Attorney General Bill McCollum, I am working this now, trying to add a statutory piece to give us immediate standing in court, and then we'll follow that up with our constitutional amendment in November.

VAN SUSTEREN: Does your statute mirror the statute that is in existence in state of Virginia? The state of Virginia has gone its own way and they have their own statute saying that Virginia can't compel it. Is your statute in Florida going to look like the Virginia statute?

BAKER: It will. It will -- not identical, but the general theme that Floridians have the right to not participate in some government mandated program, that they have the right to decide for themselves what healthcare plan is best for them and their families. So the intent is identical.

VAN SUSTEREN: State senator, thank you, sir. We'll be watching this as well. Thank you, sir.

BAKER: Thank you.

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