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South Carolina Declares War On Obamacare, Will Vote To Ban State Involvement In Implementation
Liberty News ^ | 12/6/2013 | Erick Odom

Posted on 12/11/2013 5:13:59 AM PST by IbJensen

An EPIC 10th Amendment showdown is quickly boiling as South Carolina government is fast-tracking legislation that blocks Obamacare at the state level.

Daily Caller has the specifics. “It will essentially have five components to it, all of which in my judgment are legal, effective, and within the state’s power to do,” Davis, a Republican from Beaufort, said in an interview.

The bill’s main component prohibits agencies, officers and employees of the state of South Carolina from implementing any provisions of the Affordable Care Act, leaving implementation of the national health-care law entirely in the hands of a federal government that lacks the resources or personnel to carry out the programs it mandates. This provision, according to Davis, comes from the anti-commandeering doctrine established in case law that says feds can’t compel states to enforce federal laws.

“What the Supreme Court said in Printz v. United States is that states are not merely political subdivisions of the federal government to carry out what the federal government does; they are sovereign entities,” Davis said. “Congress can pass laws, but it cannot compel the states to utilize either their treasury or personnel to implement those federal laws.” Additional provisions of H3101 further neuter the Affordable Care Act by outlawing state exchanges, issuing tax deductions to individuals equal to the tax penalties levied by the federal government, and directing the state attorney general to sue over whimsical enforcement of the law. Taken together, the provisions effectively repeal the federal law for the people of South Carolina.

The bill completely guts Obamacare in South Carolina. The bill has already passed the house and is headed for fast-passage in the Republican controlled Senate. It will be interesting to see how the federal government responds. And it’s encouraging to see there are states who still represent the will of the people.


TOPICS:
KEYWORDS: barrythecupcake; evilobamaregime; liarobama; lucifercare
The true Conservative Republicans are being screwed over by the rhinos and most of the other so-called Republicans in office, they have let us down big time and i don't see any change for the future unless we vote them out.

As others have stated, we also face the danger of getting a liberal democrat elected or re-elected by splitting the party, we must throw out these traitors in the primary elections, then we might have a chance. Our only hope for this country is the tea party getting stronger and overtaking the rhinos and progressives and the dems. JUST MAKE SURE YOU VOTE, i don't give a crap if you had a dinner engagement, i don't care if its a new movie release, i could even care less if its your 50th wedding aniversary, take your wife with you to the polls as part of it. THIS TIME THERE IS NO EXCUSE IN 2014.

1 posted on 12/11/2013 5:13:59 AM PST by IbJensen
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To: 2nd amendment mama

Your state is on the ball!


2 posted on 12/11/2013 5:16:29 AM PST by basil (2ASisters.org)
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To: IbJensen
The bill’s main component prohibits agencies, officers and employees of the state of South Carolina from implementing any provisions of the Affordable Care Act

Why leave it to chance? Sack anyone now who has a job associated with Obamacare.

3 posted on 12/11/2013 5:17:25 AM PST by relictele (Principiis obsta & Finem respice - Resist The Beginnings & Consider The End)
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To: IbJensen

Question: is this what is considered to be Nullification?


4 posted on 12/11/2013 5:18:34 AM PST by dontreadthis
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To: IbJensen
5th Obamacare Navigator fired after James O'Keefe ambush
5 posted on 12/11/2013 5:19:44 AM PST by Berlin_Freeper (Revelation 6:10)
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To: dontreadthis

Yep!


6 posted on 12/11/2013 5:21:11 AM PST by mazda77
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To: relictele

I “sack” and/or don’t employ or knowingly give money to anyone that voted for him. I fired my daughters piano teacher for his O bumper sticker. I let our favorite barbecue place that we wouldn’t return because of their O support. My wife switched allergists after learning he supported O.


7 posted on 12/11/2013 5:22:13 AM PST by albie
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To: IbJensen

What about Medicare and Medicaid? All the regime has to do is cite these two programs.


8 posted on 12/11/2013 5:22:37 AM PST by Extremely Extreme Extremist (Governor Sarah Heath Palin for President of the United States in 2016)
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To: IbJensen

“It will be interesting to see how the federal government responds.”

OH...... so that is what Lindsay Graham meant when he said the FEDS were going to nuke South Carolina.


9 posted on 12/11/2013 5:25:26 AM PST by UCANSEE2 (I forgot what my tagline was supposed to say)
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To: mazda77; All

there are proponents of an Article V convention who are opposed to Nullification, notably Mark Levin. Is anyone familiar with the reasoning behind their opposition?


10 posted on 12/11/2013 5:29:06 AM PST by dontreadthis
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To: C. Edmund Wright
Perhaps Lee Bright should call for a response of complete affirmation of this action from the State's senior U.S. Senator?

(and also ask why he didn't lead the effort ....)

11 posted on 12/11/2013 5:29:24 AM PST by Servant of the Cross (the Truth will set you free)
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To: mazda77; dontreadthis

Actually this is not nullification. The bill does not declare the ACA null but rather uses South Carolina’s own sovereign authority to impede its implementation.


12 posted on 12/11/2013 5:30:30 AM PST by Petrosius
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To: Extremely Extreme Extremist

I have no doubt that odumbo and his ilk will punish S. Carolina as they see fit. Any major huricane to hit their beaches will not see help from the Feds, So. Car. will be on their own and that will only be the tip of the ice berg. You don’t want to upset odumbo’s plans or you WILL pay, one way or the other. It’s time to remove him and his ilk and be rid of him for certain and forever.


13 posted on 12/11/2013 5:30:42 AM PST by DaveA37
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To: Petrosius

I reiterate my occasional comment that, if this were a GW Bush law (regardless of the societal ill it purported to solve) and a state like MA or NY opposed it, the media would be marching in parades to praise the plucky courage of ‘freedom lovers’ in those sickly blue states protesting against Bush’s oppression. Lefty columnists would (re)discover their love of states’ rights.


14 posted on 12/11/2013 5:34:18 AM PST by relictele (Principiis obsta & Finem respice - Resist The Beginnings & Consider The End)
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To: dontreadthis

A form of nullification as I understand it. As understood by the Founders, nullification would allow federal laws to be declared unconstitutional by state courts. South Carolina has chosen de facto nullification through an act of the legislature.


15 posted on 12/11/2013 5:34:20 AM PST by huckfillary
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To: Petrosius
Which seems, largely, a distinction without a difference.

It smacks of nullification and we remember what happened the last time SC implemented nullification, don't we.

How do you think Obama would respond to such a monumental display of disrespect?

16 posted on 12/11/2013 5:34:58 AM PST by Aevery_Freeman (Remember who the real enemy is!)
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To: dontreadthis
Nullification... go for it.

0bama aint no Andrew Jackson. It just might work.

17 posted on 12/11/2013 5:35:57 AM PST by Rodamala
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To: Petrosius

that is what I thought. What then are the practical and legal implications between “Nullification” and “Impedance”?


18 posted on 12/11/2013 5:36:06 AM PST by dontreadthis
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To: IbJensen

The founding fathers had good reason to pen the Tenth Amendment.

The issue of power – and especially the great potential for a power struggle between the federal and the state governments – was extremely important to the America’s founders. They deeply distrusted government power, and their goal was to prevent the growth of the type of government that the British has exercised over the colonies.

Adoption of the Constitution of 1787 was opposed by a number of well-known patriots including Patrick Henry, Samuel Adams, Thomas Jefferson, and others. They passionately argued that the Constitution would eventually lead to a strong, centralized state power which would destroy the individual liberty of the People. Many in this movement were given the poorly-named tag “Anti-Federalists.”

The Tenth Amendment was added to the Constitution of 1787 largely because of the intellectual influence and personal persistence of the Anti-Federalists and their allies.

It’s quite clear that the Tenth Amendment was written to emphasize the limited nature of the powers delegated to the federal government. In delegating just specific powers to the federal government, the states and the people, with some small exceptions, were free to continue exercising their sovereign powers.

When states and local communities take the lead on policy, the people are that much closer to the policymakers, and policymakers are that much more accountable to the people. Few Americans have spoken with their president; many have spoken with their mayor.

Adherence to the Tenth Amendment is the first step towards ensuring liberty in the United States. Liberty through decentralization.

http://tenthamendmentcenter.com/about/about-the-tenth-amendment/#.Up_mYaUw1z8

For imposing Taxes on us without our Consent:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

—That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness


19 posted on 12/11/2013 5:38:26 AM PST by PGalt
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To: huckfillary

so, Nullification is the result of the action or ruling of a State court, whereas “de facto Nullification” is the result of State legislation...


20 posted on 12/11/2013 5:40:00 AM PST by dontreadthis
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To: IbJensen

South Carolina, my state. Tom Davis, my state senator. It is great to feel a little pride in your government for a change! (...now, about the removal of Lindsey Graham...)


21 posted on 12/11/2013 5:41:17 AM PST by ThePatriotsFlag (...and to the Republic for which it stood.)
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To: Aevery_Freeman

SC isn’t prohibiting the feds from coming in and implementing the law. The ruling just prohibits state resources to be used.


22 posted on 12/11/2013 5:41:36 AM PST by randita
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To: Aevery_Freeman

the end result may indeed be the same, but there is a HUGE difference between an issue that comes before a State court which then rules, and a law that is passed by the State legislature and signed by the Governor. The State law can only be trumped by the Constitution, and we know that Obamacare is not in the Constitution.
It seems to me that the passage of State laws goes straight to the heart of State Sovereignty, whereas rulings by State courts are less sovereign given that they can be overturned by the Supreme Court.


23 posted on 12/11/2013 5:49:50 AM PST by dontreadthis
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To: IbJensen

Congratulations to SC for leading the way again just like it did in 1861!

Now if they could only oust Grahamnesty.....


24 posted on 12/11/2013 5:50:20 AM PST by rhinohunter (Freepers aren't booing -- they're shouting "Cruuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuz")
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To: Petrosius

Tomato, tomota but agreed the end result is the same no matter what it is called.


25 posted on 12/11/2013 5:52:00 AM PST by mazda77
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To: IbJensen

First gallant South Carolina nobly made the stand...

HURRAH FOR THE BONNY BLUE FLAG THAT BEARS A SINGLE STAR!


26 posted on 12/11/2013 6:10:21 AM PST by Little Ray (How did I end up in this hand-basket, and why is it getting so hot?)
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To: Berlin_Freeper
I am really appreciative of true investigative journalism like what James O'Keefe continues to do.

The whole pimp and hooker ACORN setup was a bit of an eyeroller... but it worked. This time around, he brings along a young, handsome black man to put the black female apparatchiks (that typically work these sort of useless bureaucracy jobs) at ease.

I liked how, early in the video, Melissa from Change Happens kept saying as she walked James and his cameraman to the exterior office door, "You can leave now, you can leave now" over and over again... Oh... I can leave now? Thanks. I can also run a 4 minute mile, give you the best orgasm you ever had in your life (way better than your girlfriend), and then pull Hope, Change and a dozen longstem roses out of my ass for you, Melissa.

Seriously, what sort of language is that crap? "I can leave now"... you know... I recognize it as nothing more than the pure "HR-speak" that is taught in countless meaningless "Insert Your Victimized or Entitled Group/Race/Class here" Studies degree curriculums across the nation.

Is it any wonder that we have lost the republic and American Exceptionalism is targeted by this gub'mint to be destroyed? I mean look at these zombies... it's what they WANT. Christ Almighty.

27 posted on 12/11/2013 6:12:49 AM PST by Rodamala
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To: Little Ray

Wholeheartedly agree!


28 posted on 12/11/2013 7:56:18 AM PST by IbJensen (Liberals are like Slinkies, good for nothing, but you smile as you push them down the stairs.)
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To: IbJensen

The next step is for the State to reclaim is regulation of Health Insurance. The State should order the Insurance Companies to ignore the HHS mandate to not sell insurance policies that do not meet Obamacare Standards, and allow policy holders to switch to non-compliant policies which the State will approve, just as they did before the mandate was issued.

The DOJ will immediately file suit, the State will respond with a 10th amendment justification. As I remember, an early Supreme Court Decision noted the limitation of Federal powers, listing issues which were purely State responsibilities, and insurance was on that list.


29 posted on 12/11/2013 5:56:15 PM PST by Mack the knife
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