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.
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...)
SC isn’t prohibiting the feds from coming in and implementing the law. The ruling just prohibits state resources to be used.
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.
Congratulations to SC for leading the way again just like it did in 1861!
Now if they could only oust Grahamnesty.....
Tomato, tomota but agreed the end result is the same no matter what it is called.
First gallant South Carolina nobly made the stand...
HURRAH FOR THE BONNY BLUE FLAG THAT BEARS A SINGLE STAR!
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.
Wholeheartedly agree!
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.
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