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South Carolina House Gives Approval to Obamacare Nullification Bill
by TAC Update
A bill that would nullify the Patient Protection and Affordable Care Act in South Carolina through noncompliance passed a 2nd reading in the state house today. The Republican controlled House approved H3101 by a 65-34 vote along partisan lines. The bill reads, in part:
(3) It is the stated policy of the South Carolina general assembly that provisions of the Patient Protection and Affordable Care Act of 2010 grossly exceeds the powers delegated to the federal government in the Constitution.
(4) The provisions of the Patient Protection and Affordable Care Act of 2010 which exceed the limited powers granted to Congress pursuant to the Constitution, cannot and should not be considered the supreme law of the land.
(5,) The General Assembly of South Carolina has the absolute and sovereign authority to interpose and refuse to enforce the provisions of the Patient Protection and Affordable Care Act of 2010 that exceed the authority of the Congress.
The bill also prohibits state cooperation with implementation of the unconstitutional federal act within the state.
(A) No agency of the State, officer or employee of this State, acting on behalf of the state, may engage in an activity that aids any agency in the enforcement of those provisions of the Patient Protection and Affordable Care Act of 2010 and any subsequent federal act that amends the Patient Protection and Affordable Care Act of 2010 that exceed the authority of the United States Constitution.
(B) The General Assembly…is empowered to take all necessary actions to ensure that the provisions of subsection (A) of this code section are adhered to by all agencies, departments and political subdivisions of the State.
Passage of H3101 into law would require the state to refuse the creation of an exchange, medicaid expansion, would empower them to strip licenses from insurance companies that accept monies from the Feds on Obamacare and much more. This covers a big portion of the steps needed to fully nullify Obamacare. No such bill – nothing even close – has been passed by any state in modern American history AFTER the Supreme Court gave their opinion on the constitutionality of a federal act.
James Madison gave the blueprint for noncompliance in Federalist 46, before the Constitution was even ratified.
Should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps refusal to cooperate with officers of the Union, the frowns of the executive magistracy of the State; the embarrassment created by legislative devices, which would often be added on such occasions, would oppose, in any State, very serious impediments; and were the sentiments of several adjoining States happen to be in Union, would present obstructions which the federal government would hardly be willing to encounter. (emphasis added)
During the debate, House Minority Leader Representative Rutherford, made an attempt to box supporters of the bill into a philosophical corner. He proposed two amendments to the bill which would have a) legalized marijuana and then b) legalized marijuana for medical purposes. His point was to ask members of the opposing party why they wouldn’t support that kind of nullification – which has already happened in 18 states (he was only able to name 2, unfortunately) – instead of just nullification of Obamacare. Constitutionally-speaking, he’s right. And all those unconstitutional acts should be rejected by the State of South Carolina. In the end, Mr Rutherford and his side should be in favor of nullifying Obamacare, and his opponents should be in favor of nullifying the war on drugs. But since both amendments were rejected, that latter fight will have to come another day.
H3101 will still require a 3rd and final reading and vote in the State House. But Jesse Graston of the SC chapter of JBS indicated that a 3rd reading and vote is usually just a technicality and that the bill at this stage “is passed!” After a 3rd House reading, the bill will move on to the State Senate for concurrence. Passage into law would create a solid beachhead from which to launch additional efforts to completely block Obamacare in South Carolina.