Posted by Joe Wolverton, II
South Carolina may soon join the ranks of states struggling to reclaim their constitutional sovereignty stolen from them by the federal government.
Using language that would prohibit state officials from participating in the implementation of state healthcare exchanges or from enforcing the individual mandate that are key elements of ObamaCare, Chumley’s measure — the South Carolina Freedom of Health Care Protection Act — requires state lawmakers to “prevent the enforcement of the “Patient Protection and Affordable Care Act” [ObamaCare] within the limits of this state.”
South Carolina, a state with a long history of resisting federal despotism, joins three other states currently considering bills nullifying ObamaCare. The state legislatures of Maine, New Jersey, and Oklahoma have also had bills introduced aimed at stopping ObamaCare at the state border.
Simply stated, nullification is a concept of constitutional law that recognizes the right of each state to nullify, or invalidate, any federal measure that exceeds the few and defined powers allowed the federal government as enumerated in the Constitution. Nullification is founded on the assertion that the sovereign states formed the union, and as creators of the compact, they hold ultimate authority as to the limits of the power of the central government to enact laws that are applicable to the states and the citizens thereof.
In the wake of the Supreme Court’s ObamaCare decision, state legislators and governors are boldly asserting their right to restrain the federal government, and are accordingly considering bills that will stop ObamaCare’s multitude of mandates at the state border.
As quoted in a story published by the Tenth Amendment Center, Chumley said he will offer this bill (H 3101) “because of federal over-reach” and because following the Constitution “is the right thing to do.”
Chumley references both the creation and the construction of the Constitution in the text of his bill nullifying ObamaCare:
Whereas, the people of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more; and
Whereas, the Tenth Amendment to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves; and
Whereas, Article I, Section 1 of the United States Constitution provides in pertinent part that “All legislative powers herein granted shall be vested in a Congress of the United States”; and
Whereas, the judicial decision of the United States Supreme Court upholding the constitutionality of the “Patient Protection and Affordable Care Act” directly contravenes Article I, Section 1 of the United States Constitution because, in upholding the law by recharacterizing the Act as a tax even though Congress specifically refused to identify it as a tax, the United States Supreme Court legislated new law in violation of Article I, Section 1 of the United States Constitution; and
Whereas, the assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” interferes with the right of the people of the State of South Carolina to regulate health care as they see fit and makes a mockery of James Madison’s assurance in Federalist #45 that the “powers delegated” to the federal government are “few and defined,” while those of the states are “numerous and indefinite.”
Joining Chumley in the fight to prevent the federal government from reducing the states to mere administrative units of the central government, Maine State Representative Aaron Libby (R-North Waterboro) “will sponsor a bill in the 2013 legislative session declaring the PPACA [ObamaCare] unconstitutional and void in the Pine Tree State. If passed, the bill would set the stage for blocking implementation of the mandatory federal health care system in Maine….” reported the Tenth Amendment Center.
In New Jersey, Assemblywoman Alison McHose (R-Morris, Sussex, and Warren) will reintroduce a meaure nullifying ObamaCare in the Garden State. Her bill, A 861, declares that ObamaCare is “null and void and of no force and effect in the State of New Jersey.”
Another state representative is having to combat not only federal tyranny, but resistance to nullification from state government officials, as well. Oklahoma State Representative (and doctor) Mike Ritze is finding increased reluctance on the part of state officials to heed the express wishes of the citizens of the Sooner State to nullify the federal healthcare power grab.
In an e-mail to this author, Representative Ritze reports that in response to a letter sent by him to Oklahoma Attorney General Scott Pruitt, Oklahoma Solicitor General Patrick Wyrick claims that “it should be noted that the Sebelius court [in the ObamaCare decision] held that while the federal government cannot mandate Americans to buy health insurance, it can tax those who do not.” [Emphasis in original.]
- South Carolina became the latest state considering nullification of Obamacare with the announcement that Rep. William Chumley will sponsor a bill in the 2013 legislative session declaring the PPACA unconstitutional and void in the State. (familysurvivalprotocol.com)
- South Carolina Bill Proposes Jail Time for Feds Trying to Enforce Obamacare (tenthamendmentcenter.com)
- New South Carolina bill pushes jail sentences for state workers implementing ‘Obamacare’ (rawstory.com)
- Four and Counting: Another State to Consider Obamacare Nullification (tenthamendmentcenter.com)
- South Carolina Lawmaker Proposes Bill To Make It Illegal To Implement ObamaCare (outsidethebeltway.com)
- South Carolina Bill Would Nullify ‘Obamacare’ (chasvoice.blogspot.com)
- Four and Counting: Another State to Consider Obamacare Nullification (a4cgr.wordpress.com)
- South Carolina Bill Would Nullify ‘Obamacare’ (timesexaminer.com)