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South Carolina One Step Closer to Nullifying ObamaCare
New American ^ | 04/01/2013 | Joe Wolverton, II, J.D.

Posted on 04/01/2013 5:20:51 PM PDT by SeekAndFind

South Carolina is one step closer to nullifying ObamaCare within the borders of the Palmetto State.

The Constitutional Law Subcommittee of the House Judiciary Committee passed H3101, the Freedom of Health Care Protection Act. Within days the bill will be heard by the full Judiciary Committee of the state House of Representatives.

In an exclusive interview with The New American, the bill’s chief sponsor, State Representative William M. “Bill” Chumley, discussed his bill and its legislative future. “We’re real happy with the vote,” Chumley said. “We are confident that the full committee will pass it.”

This is a significant victory for citizens of South Carolina specifically and for the right of states to oppose unconstitutional acts of the federal government generally.

Chumley’s bill furthers this cause in its preamble. The bill’s purpose is to:

Render Null And Void Certain Unconstitutional Laws Enacted By The Congress Of The United States Taking Control Over The Health Insurance Industry And Mandating That Individuals Purchase Health Insurance Under Threat Of Penalty; To Prohibit Certain Individuals From Enforcing Or Attempting To Enforce Such Unconstitutional Laws; And To Establish Criminal Penalties And Civil Liability For Violating This Article.

South Carolina, a state with a long history of resisting federal despotism, joins a handful of other states currently considering bills nullifying ObamaCare. State legislators in Maine, New Jersey, and Oklahoma have also had bills introduced aimed at nullifying ObamaCare.

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, it is encouraging to see state legislators boldly asserting their right to restrain the federal government through application of the very powerful and very constitutional principle of nullification.

Chumley said he believes that his colleagues in the state House of Representatives will pass the bill when it comes to the floor for consideration. After that, the bill will be sent to the Senate and then on to the governor. Chumley estimates that within three weeks the bill could be taken up by the state Senate.

Nobly, Chumley declares that South Carolina is prepared to “take the hit” financially for failing to carry out federal mandates. Obedience to the federal government’s edicts is compulsory if a state expects to receive federal funds.

Additionally, Chumley realizes that a showdown with the Obama administration could be on the horizon in the aftermath of the president’s decision to ignore state laws nullifying ObamaCare and to send federal agents from the Department of Health and Human Services to forcibly execute each and every provision of ObamaCare.

The president’s proclamation is in direct opposition to the following section of the South Carolina nullifying bill:

The General Assembly declares that the federal law known as the "Patient Protection and Affordable Care Act", signed by President Barack Obama on March 23, 2010, is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the Founders and Ratifiers, and is invalid in this State, is not recognized by this State, is specifically rejected by this State, and is null and void and of no effect in this State.

Chumley said he and his cosponsors are prepared to resist every overreach of the federal government and stand up for the right of states to govern.

Opponents of the state bill (and of nullification in general) point to the so-called Supremacy Clause of Article VI of the Constitution to rebut the state's claims. They argue that state laws contrary to federal laws are invalid and that federal law trumps all state attempts to legislate in territory already claimed by Congress.

This argument is easily dismissed.

The Supremacy Clause (as some wrongly call it) of Article VI does not declare that laws passed by the federal government are the supreme law of the land, period. What it says is that the “laws of the United States made in pursuance" of the Constitution are the supreme law of the land.

In pursuance thereof, not in violation thereof. None of the provisions of ObamaCare is permissible under any enumerated power given to Congress in the Constitution; therefore, they were not made in pursuance of the Constitution, and they are not the supreme law of the land.

Chumley is in good company in his concept of the enforceability of unconstitutional federal legislation.

In Federalist No. 33, Alexander Hamilton declared that any act of the federal government exceeding the limited powers granted it by the Constitution is not a law at all:

If a number of political societies enter into a larger political society, the laws which the latter may enact, pursuant to the powers intrusted [sic] to it by its constitution, must necessarily be supreme over those societies and the individuals of whom they are composed.... But it will not follow from this doctrine that acts of the larger society which are not pursuant to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies, will become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such. [Emphasis in original.]

Hamilton is not alone. The undeniable truth is that not a single one of our Founding Fathers, not even the most ardent advocate of a powerful central government, would have remained even one day at the Philadelphia Convention if he had believed that the government they were creating would become the instrument of tyranny that it has become.

All state legislatures have an obligation to liberty and to their citizens to follow the example of South Carolina (and other states, notably Oklahoma) and through the exercise of the 10th Amendment and their natural right to rule as sovereign entities, stop ObamaCare at the state borders by enacting state statutes nullifying the healthcare law.

The best defense of nullification is found in Thomas Jefferson’s Kentucky Resolution of 1798. In the Kentucky Resolution, Jefferson plainly points to the constitutional source of all federal power. He wrote, "That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under colour [sic] of that instrument, is the rightful remedy."

Representative Bill Chumley said that he will “never give up the fight” to restore states rights and to keep the federal government from consolidating all power over all aspects of life into Washington D.C. He declared that South Carolina will enforce every provision of the Constitution, including the 10th Amendment. Every issue, every time, no exceptions.

When it comes to standing up for the Constitution, “It’s all or nothing,” he added.

Photo of Columbia, South Carolina

Joe A. Wolverton, II, J.D. is a correspondent for The New American and travels frequently nationwide speaking on topics of nullification, the NDAA, and the surveillance state.



TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: South Carolina
KEYWORDS: nullification; obamacare; southcarolina

1 posted on 04/01/2013 5:20:51 PM PDT by SeekAndFind
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To: SeekAndFind

would be interesting if cwii begins in south carolina again.


2 posted on 04/01/2013 5:22:41 PM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: 2nd amendment mama

Y’all are looking good!


3 posted on 04/01/2013 5:25:14 PM PDT by basil (basil, 2ASisters.org)
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To: Secret Agent Man

would be interesting if cwii begins in south carolina again.


I’d go and help out.


4 posted on 04/01/2013 5:26:54 PM PDT by laplata (The Answer To 1984 Is 1776)
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To: SeekAndFind

5 posted on 04/01/2013 5:27:08 PM PDT by ClearCase_guy (The ballot box is a sham. Nothing will change until after the war.)
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To: SeekAndFind

I am waiting for the news, “One step closer to nullifying Obama”.


6 posted on 04/01/2013 5:30:29 PM PDT by 353FMG ( I do not indicate whether I am serious or sarcastic -- I respect FReepers too much.)
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To: Secret Agent Man

I think we should refrain from discussing Civil War talk until nullification has failed to restore our rights.


7 posted on 04/01/2013 5:31:49 PM PDT by Monorprise (`)
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To: SeekAndFind

they were wrong to secede before...but, wow, if they do again, I’m a joining them! :)


8 posted on 04/01/2013 5:33:29 PM PDT by RaceBannon (Telling the truth about RINOS, PAULTARDS, Liberals and Muslims has become hate speech)
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To: SeekAndFind
Representative Bill Chumley said that he will “never give up the fight” to restore states rights and to keep the federal government from consolidating all power over all aspects of life into Washington D.C

The 17th Amendment removed State agency from the federal government. For all practical purposes, the 17th repealed the 10th Amendment. To restore the 10th, and any possibility of restoring our republic, repeal the 17th.

9 posted on 04/01/2013 5:44:25 PM PDT by Jacquerie ("How few were left who had seen the republic!" - Tacitus, The Annals)
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To: upchuck

“South” Carolina ping.


10 posted on 04/01/2013 5:46:28 PM PDT by Gene Eric (The Palin Doctrine.)
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To: RaceBannon

I guess the band of Southern States that refuse to expand Medicare can join hands with S Carolina and we will have a symbolic if not real repeat of some aspect of the Civil War. ( exceping Florida which is made up of northerners anyway, but it could get lonely down there being isolated by the bordering states )


11 posted on 04/01/2013 5:51:13 PM PDT by juma (What i s the real answer ? Does anyone Know ?)
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To: Gene Eric; l8pilot; 2A Patriot; 2nd amendment mama; 4everontheRight; 77Jimmy; ...
Hot dogity!!

South Carolina Ping
Send FReepmail to join or leave this list.

Keep up with what our Congresscritters are doing. Sign up for the free MegaVote email service here.

12 posted on 04/01/2013 6:00:31 PM PDT by upchuck (Free Republic: faster than a speeding bullet!)
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To: Monorprise; Secret Agent Man
I think we should refrain from discussing Civil War talk until nullification has failed to restore our rights.

Why?

Does the history of our very own Revolution and our founding fathers support that approach, or were they discussing amongst themselves and planning for war if every available means of resolving the issue peaceably failed?

I think history proves that they were working out the plans for rebellion and responding with force to force all along the way to the opening shots at Lexington and Concord.

They were prepared.
13 posted on 04/01/2013 6:20:12 PM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: RaceBannon

That’s no way to befriend Carolinians. We were right the first time. Each instance had the Federal government overstepping their authority. How can you justify your statement that we have a right to secede now, but didn’t then?


14 posted on 04/01/2013 6:20:58 PM PDT by snippy_about_it
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To: SeekAndFind

Very interesting.


15 posted on 04/01/2013 6:21:18 PM PDT by Truth2012
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To: Monorprise

sorry i am not a low infotainment voter. and actually i did not discuss it, i simply made a brief statement.

i think you ought to calm down. since we’re all in the mood here to tell others what we think.


16 posted on 04/01/2013 6:29:55 PM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: SeekAndFind

Dang, how I wish Jim would put in a “like” button.


17 posted on 04/01/2013 6:38:25 PM PDT by lula ( What America needs is men of Character in congress, we have enough characters.)
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To: snippy_about_it
"How can you justify your statement that we have a right to secede now, but didn’t then?"

Actually, the right to secede was ratified when West Virginia was allowed to remain a separate state from the one it seceded from, Virginia.

18 posted on 04/01/2013 6:54:10 PM PDT by Uncle Sham
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To: SeekAndFind

Good. The first successful state defense against Obamacare will show other states the way.


19 posted on 04/01/2013 7:00:09 PM PDT by TChad (Call them Oppressives, not Progressives.)
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To: SeekAndFind

So proud of my birth state. I am stuck in this communist hell hole called North Carolina. What a liberal dump North Carolina is. Dean smith Kay Hagan...Michael Jordan.. The list goes on. Oh. And that butt munch Andy Griffith.....what a fraud...


20 posted on 04/01/2013 7:21:39 PM PDT by Hyman Roth
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To: SeekAndFind

” - - - the right of states to oppose unconstitutional acts of the federal government generally. - - - “

As South Carolina goes, so goes TEXAS!


21 posted on 04/01/2013 7:44:07 PM PDT by Graewoulf (Traitor John Roberts' Commune-Style Obama'care' violates U.S. Constitution AND Anti-Trust Law.)
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To: SoConPubbie

Then let us plain seriously for rebellion. Let us look at the state of assets at our disposal.

Let us look at the disposition of the Federal military assets, run assessments the likelihood of defection towards the cause of liberty and determine what we must do to increase the odds of Patriot success.

Let us talk practically about what would be required to secure our states from Federal tyranny.

I think you should find that Washington has indeed been busy over the last 150 years busy disarming our people and our states as to see to it that any future rebellion against their assumed absolute and unchecked athoirty whether it be legitimately grounded or otherwise should be overwhelmingly crushed.

Even if most men of the army should think the merits of the patriot cause worth fighting for, their very organization is designed to help prevent them from forming loyalty or kinship with any part of this federation so that they may be more easily in-mass preswaided to levy war upon their states. This is of course the very letter of treason in the now defuct Federal Constitution.

That was not a significant problem even in 1861 because the military’s command structure was easily and quickly replaced with one more agreeable to WHATEVER a president might want.

The sad truth is if we are even to talk about rebellion against a lawless Federal Government we must first talk about manuring that government towards collapse. For while it exist able to function it will not suffer our freedom to persist.

Short of that we must politically see to it that all other Americans are as unhappy with the union as we are while furthermore convincing them of of the benefits of going our separate ways, and he corresponding futility of agreeing upon and implementing a solution.

If it does however come down to a fight we must analyze our very limited options in winning that fight with respect to the technological and political tools at our disposal or which might be ceased in short enough order using what we do have.

This discussion-however should be somewhat more concealed, even thou there is an enormous variety of options


22 posted on 04/01/2013 8:05:26 PM PDT by Monorprise (`)
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To: Monorprise

” - - - This discussion-however should be somewhat more concealed - - - “

The Obamanation Counterculture Computer Unit in the White House already has all of your comments recorded - - - .


23 posted on 04/01/2013 8:13:17 PM PDT by Graewoulf (Traitor John Roberts' Commune-Style Obama'care' violates U.S. Constitution AND Anti-Trust Law.)
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To: TChad

South Carolina is hardly the first, many, many other states have already inacted nullification measures.

The next step is interposition, but we must first determine if and where such interposition is nessary and to what extent.

The “nullifcation crisis” in south carolina nearly 200 years ago is not politicaly nor practicaly repeatable today. Nor would it yeld similar results just yet. Otherstates, many other states would have to be prepared to go with South Carolina along the same time for such an effort to be sucessfull.

Even then their resistane would have to be some what quite.

1: It all must start with simple non-cooperation.

2: Following non-cooperation, a more active roll in resistance should be attempted and slowly implemented by assisting individual citizens efforts to evade unlawful federal agents. (this is the beginnings of interposition)

3: The final measure is full on interposition that is all but certant to evoke a strong Federal response. But this should not be even attempted until most States have reached Stage 2 and it is clear that the act of abomination is already on its way out.

In other-words only start threatening Federal agents after they have left the stage. And we are doing this to establish a precedence for future efforts at nullification.

We want history to remember theses efforts as successful and engender the spirit of liberty in future generation so should the enforcement return our people should be ready and willing to resist.

Thats why active interposition in the form of threatening Federal agents should be avoided until its practical moot. Because right now we don’t have the political, cultural, nor practical forces to win such a fight with Washington. Such must be rebuilt, and that will take success and a generation to instill that success.


24 posted on 04/01/2013 8:20:44 PM PDT by Monorprise (`)
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To: Graewoulf

“The Obamanation Counterculture Computer Unit in the White House already has all of your comments recorded - - - .”

Of this fact nobody here should have any illusions, Indeed we must espect that they have profiles on each and every one of us.

It is however a legal and political constraint that our words are indeed mere words. That we personalty shall do nothing illegal, and merely advance the idea’s of liberty in discussion of option and needed political maneuvering.

Ours on free republic must be a strategy of the dialogue. After all let nobody forget the obvious fact that it is the Pin not the sword that we here are welding.


25 posted on 04/01/2013 8:24:48 PM PDT by Monorprise (`)
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To: Secret Agent Man

Reporting for duty!


26 posted on 04/01/2013 8:32:55 PM PDT by John 3_19-21 ("as for me and my house, we will serve the Lord.")
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To: Monorprise
This discussion-however should be somewhat more concealed, even thou there is an enormous variety of options

That is the truth. The Sons of Liberty had their own way of "Secretly" communicating among their members. Given the state of technology today, and the efforts of the feds at monitoring, lo-tech, is going to have to be the answer for our generation
27 posted on 04/01/2013 10:37:25 PM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: snippy_about_it

because you were defending slavery then, clearly, and your own senators bragged about doing so, okay?

I been here for 2 years, and don’t even tell me about your sad story. I have witnessed it firsthand, heard it, was shocked by many things.

No, it aint everybody, and the Alabama boys were just as bad, and yes, I have had anti-white racism thrown at me, too

Funny thing is, the Black people down here treat me better as a stranger than the white guys do once they get to talking.

but don’t even pretend there is isn’t a lot of racism down here

you’re in denial


28 posted on 04/02/2013 3:52:06 AM PDT by RaceBannon (Telling the truth about RINOS, PAULTARDS, Liberals and Muslims has become hate speech)
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To: SoConPubbie

“That is the truth. The Sons of Liberty had their own way of “Secretly” communicating among their members. Given the state of technology today, and the efforts of the feds at monitoring, lo-tech, is going to have to be the answer for our generation”

Well there is such a thing as encryption. If you have someone you wish to talk to online just encrypt it with a very high encryption standard. By the time the Feds crack the encryption the information should be useless.

But don’t forget to keep updating the Standards because the NSA is constantly building faster and faster machines to crack larger and larger levels of encryption.


29 posted on 04/02/2013 3:19:09 PM PDT by Monorprise (`)
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