South Carolina a Step Closer to Nullifying Obamacare

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Cross Posted from Tenth Amendment Center

A bill that would nullify the Patient Protection and Affordable Care Act in South Carolina through noncompliance passed out of a House committee Tuesday.

The Republican controlled House Judiciary Committee approved H3101 by a 14-9 vote along partisan lines.

The bill originally included penalties on federal agents who enforced the Patient Protection and Affordable Care Act,  but sources close to the Tenth Amendment Center  indicate the bill was dead with penalties included, and they were amended out.

(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 the bill 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 nullifyObamacare.  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)
Passage of the bill would create a solid beachhead from which to launch additional efforts to completely block Obamacare in South Carolina.

ACTION ITEMS

Contact your Representative. If you are a resident of South Carolina, you can continue the fight against Obamacare  by calling your state representative HERE. Ask them to vote YES on H3101.

Join the Nullify Obamacare Group for South Carolina on Facebook.  Get involved, let others know what kind of responses you get, plan strategy and more.  http://www.facebook.com/groups/nullifyobamacaresouthcarolina/

Model Legislation

If you are not a South Carolina citizen, please go the Tenth Amendment Center’s Model Legislation pageHERE. Nullify Obamacare in 4 steps!

I’m originally from Ohio. I’m a veteran of the US Navy. I graduated from undergrad with two degrees and one in graduate school. My current home is Nashville, TN.

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