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South Carolina Is About To Pass A Bill To Nullify Obamacare
Submitted by Michael Krieger of Liberty Blitzkrieg blog,
While we all know that the disaster that is Obamacare is extremely unpopular throughout the country, South Carolina is leading the charge to actually nullify the legislation. House Bill 3101 already passed the state House back in April by a wide margin, and is set to be voted on in the state Senate in January. It is widely expected to pass and then be signed into law by Governor Nikki Haley.
If that happens, it would set up a huge states rights victory and likely encourage other states to follow suit. It will be extremely interesting to see how the feds respond to this…
From the Daily Caller:
A bill set for fast-track passage in the South Carolina Senate in January aims to eliminate Obamacare in the state. The law could become a model for other states fed up with the federal health-care law.
House Bill 3101, titled the “South Carolina Freedom of Health Care Protection Act,” passed the state House of Representatives last April by a 65-34 vote. The bill now heads to the GOP-controlled Senate with special-order priority, setting up the likelihood that South Carolina will become the first state to exempt citizens and businesses from all participation in the Affordable Care Act.
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.
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.
Given the sizable majority of Republicans in the South Carolina Senate — along with moderate Democrats who may support the bill out of fear of voter wrath — H3101 is likely to pass in short order and be signed into law by Gov. Nikki Haley, who has led the Palmetto State’s resistance against nationalized health care.
On the other side are opponents of H3101, whose main efforts consist of calling lawmakers racists and questioning the authority of states to oppose federal laws. Such attacks are likely to ring hollow in light of the dozens of state and local governments that have recently rejected federal marijuana laws, the Real ID Act, provisions of National Defense Authorization Act, federal gun control, and even U.S. immigration law. State and local governments governed from both sides of the political spectrum are increasingly flexing their Tenth Amendment muscles against perceived federal overreach.
Strong argument. Someone disagrees with you and all you can yell back is “racist!” Sad.
Full article here.
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A masterpizza of a post by Clint Richardson - definitely worth printing out.
https://realitybloger.wordpress.com/2012/07/04/why-the-supreme-court-cla...
Does it really matter though? As long as people are willing to stand up, mandates from the court will be ignored... and practically unenforceable.
Aside from that, legal meandering can find a way to accomplish the same thing... even if states lose, they'll only lose on the facts of the case brought and only so far as the court issues its opinion... so, there will probably be plenty of other avenues to accomplish the same thing, which can be tried ad nauseum and tie the thing up in court indefinitely... all while the state has nullified the law.
It's also my understanding that nullification is an inherent state right and can apply to any unconstitutional matter. I don't believe the scotus rubber stamped obamacare as constitutional for EVERY possible aspect... so long as there exists a reasonable basis to claim it unconstitutional, I think the state is within its right to nullify it...
You might think that, and you might be right. But it's going to take a damned long time to test every legal avenue against it, one by one. Meanwhile, the body of it stands as "the law of the land," jealously defended by a President who considers it his greatest legacy.
No... as soon as the state nullifies it, then it's nullified... completely different situation than challenging obamacare outright. The shoe will be on the other foot then.... the burden shifted.
YELLOW?!?
God I love SC! GO TEA!
Man, no shit! C'mon, SC, start the trend!
Translated: Fuck you, Obongo.
They are Newt Gingrich wingers. It shows in the chart where they are 50th in education.
No, that would be your home state, Mississippi.
Well, if even the racist inbred uneducated hicks from South Carolina could grasp that 0bamacare would be a disaster, what does that say for the bill's supporters?
That they have the intellect of a Nancy Pelosi?
OxyMORONIC phrase to put intellect and Pelousi in the same sentence.
Since when does one's level of education have anything to do with the right to freedom? The arrogance of the "educated" left wing is abhorrent. Education has nothing to do with intelligence, but seems to have a lot to do with liberal's self proclaimed right to rule over others. Go back to england asshole. your daddy's money and silver spoon life doesn't come with an aristocratic title. Here in America we have the right to pursue our own destiny, and not be told how we are to live by arrogant, elitist morons.
If SC successfully leaves the Union, I'll know where to move to. And you fucking pukes can fight over FSA that choose to remain.
+1
One of the best posts I've read here in a long time. Thanks.
Education doesn't mean brains. Most ivory tower professors are living proof of that.
Just ask Krugman.
Re-education not education has been the left's goal. Free tuition at a FEMA University near you.
Well .... are they ahead of Detroit/Chicago ???
.
roadhazard, more like, roadkill
Fixed you're handle for ya.
Welcome to the future 'educated tool'... FSA to the left of ya, us to the right of ya (with our AR's of course).
Yes, it will hurt.
Yeah, fuck that ass hole.
If it passes, SC wil get a huge inflow of business and resedents
Yeah! Countries, states and communities should compete with each other for you to do business there, instead of raping you. The current situation is so backwards.
Yeah and the NLRB will try to block each and every one. Can you say Boeing?
I downvoted you because you just might be right.
Unlikely, for several reasons. Perhaps the biggest is that it's incorrect to think a state law can neuter a federal law being enforced, in part, by the IRS.
Good luck to all those in SC trying to outwit / outrun the civil servants at the Internal Revenue Service.
Resistance has to start somewhere.
According to Biblical sources, tax collectors in the day were considered lower than whale shit. Today, nothing's changed. They'll have a tough time trying to convince us of their relevance when they come around looking for Caesar's vig as the empire burns.
Shit, they won't even be able to afford to pay them. A nation of donations won't last long. At that point, it won't be the IRS, it will be the DHS coming after all of us. Its what the ammo purchases were for apparently. The Beast must be fed.
True dat. It's a nice idea, but I doubt it'll fly.
IIRC Texas not too long ago threatened to shut down the TSA here, or limit their activities. The Feds promptly declared that they would withhold federal approval of flights to/from Texas, and the state promptly folded like a cheap suit.
Or something to that effect.
The bill actually passed the house and was set to pass the senate, but the fake conservative Perry intervened to make sure the bill wouldn't pass.
"If it passes, SC wil get a huge inflow of business and residents"
The ultra liberals on the east, west coasts as well as places like Chicago can't let that happen. They'll start taking action to block it.
And residents too!
S. Carolina to seize all Federal property w/in state...Federal troops moving into Fort Sumter, V.2 American Civil war coming up???
Tit for tat of Fed's cutting Federal funding to state followed by state no longer remitting Federal taxes to D.C.??? Federal program recipients go ape shit vs. anti-Federalists???
o BOMB iCare
troops from "out of state" sent in to gain "compliance" with Federal decrees...
Utah, Texas, Tennessee, Montana, etc. soon to follow if Fed's don't put S.C in it's place...
There will be drone hunting parties in all these states with a bounty for knocking them down.
Roles are reversed this time w/ Federalists fighting to keep a class of people enslaved (born into debt servitude) to serve a small minority.
yeehaa jeehad 2. hell yeah
States can do whatever they want. What will happen will be the US Government will set up there own offices just like they do Social Security. It's just going to cost States any Federal money they would have received.
So the states stop sending money to the Fed also.
You've gotten the flow directionality wrong. It's always about the flow.
Down with Lincoln! Down with the Union!
John Wilkes Booth ... at your service!
The state offers a tax deduction equal to the amount of the Federal penalty. That's a nice jesture but just a fraction of the actual dollar amount of the federal penalty.
For individuals it really means nothing, unless your itemized deductions are greater than the standard deduction, whatever that may be for SC, IDK. But foir small businesses, on a federal return, it works out to about 1/3, usually. Of course, that's with an average ~30% tax rate.
Thanks for clarifying @ Freewheelin Franklin I knew the .gov would still get a decent cut...
A state tax CREDIT (not deduction) can refund federal taxes dollar for dollar, to anyone who owes state tax.
Oh. If it is a credit, that's completely different.
Federalism bitchez! This is the way the system was designed to work.
Haley would be an excellent VP nom in 2016 for the GOP.
Strong argument. Someone disagrees with you and all you can yell back is “racist!"
Yeah. Haley is of Indian descent. She be raysist. Liberals are really pieces of shit. They are literally destroying any real meaning the term "racist" has. The liberal definition of "racist" is anyone that disagrees with liberal democrat policies. So, yeah, I'm racist, and proud of it.
Now what, mother fucker?
As I mention below, she's probably a white Indian now.
She's an "Americanized" Indian.
In all fairness, they are using about the only tool they ever have - after all it did get OJ off and BO in.
Meanwhile, anybody who wants to stick a sharp stick in the government's eye has my blessing.
We used to be the United States.
But since the 17th A, we are the united Federal Government.
I doubt this uppity action will be allowed to stand by our rulers.
It is amazing how many people don't grasp this!
The structure was put in place to prevent 'centralized governments'.
No, we were called These United States recognizing and promoting state sovereignty. Then it became The United States to promote one nation, under God, well they are trying to edit that now, indivisible, for liberty and justice for all. So I am sure it will be in the future in schools that I pledge allegiance, to the flag of Washington D.C. and no state flag, of the United States of America, and to the progressive democracy for which it stands, one nation, with no states rights, indivisible for taxes and oppression for all.
SC +100 Banker Stool Barry 0
It would truly be a wonderful thing if this were to pass. However, I cant imagine our federal executive branch allowing it.
(I just realized I used the words "allowing it", those damn feds have me brain washed into thinking every move we make has to be "allowed" by the central government)
If a lie is repeated often enough...
Even those who know can begin to doubt their knowledge.
You're right, SIOP, that is the point about feds allowing anything, isn't it?
While I fully applaud this sane attempt to rationalize risk and reward, I hope Nikki is ready for the wrath of the federal government to slowly descend and wrap around them like never before. The Alinsky playbook will be unleashed and SC will be made to pay. No doubt the NSA already has a nice file that may be transmitted to the always delightful Ms Jarrett for further review. IRS audits, FBI investigations, federal funding grants withdrawn or never showing up...Get ready for the payback Nikki, as BO and company are not going to play by any rules.
You are spot-on.
Yeah, right? I think they have been waiting for an excuse to unleash on SC. Like they did to Gibson Guitars when they moved to a RTW state.
It might take a while for the IRS to audit every person in SC, but they'll get around to it.
Good luck with that. They'll be needing more agents to replace the ones they lose.
@ Conspicio, Who would give this comment a red arrow, and why would they give it?
Just like the IRS, NSA, FBI, DHS, it must have been for "national security" and for "the children."
Fucking statist trolls.
Careful South Carolina...if you have a natural disaster I'm sure Obama will ensure that you get no aid, or that it is delivered very, very slowly.
You're absolutely right... he's been very selective with govt. disaster aid.
Especially if he caused the disaster...............
Because FEMA is so helpful.
I'd be more than willing to go help if they're upholding the original spirit of America.
Like hurricane Sandy? Thanks, We will take our chances.
I'd fuckin drive down there and help out all I can.
Fuck fed.gub, it is the death of America
Surprising that Wyoming was not the leader in doing this....
Perhaps folks have actually had enough of our Federal government being managed for the benefit of special interest groups?
Quick! Someone find a middle-aged, tall, Nordic white woman to distract Obama from all of this!
Find two! I need a distraction, too!
Watch healthcare companies and doctors move there for the lack of regulations...and sell products to the rest of the country....medical tourism...
No, the invasion will consist of investigative reporters from "The Media" who will conduct interviews similar to the one Sarah Palin had with Katie "Cockroach" Couric back in 2008. Then we will see a divestment and embargo campaign that will begin with the National Council of Churches demanding a boycott of SC. On the campuses of every college/university there will be demonstrations to divest from SC. The nightly news, print journalism, radio and MTV will begin in-depth articles about SC and it's history. In particular the reporting will focus on any report about discrimination and breach of law in SC. Finally, a delegation of prominent citizens will petition the United Nations to enact an economic and diplomatic embargo of SC (all led byt he Rev. Jesse Jackson.) Maybe it's me but that is the vision that just came to me. Hey tyler, what do you think?
They don't need to go to all that trouble. All they need to do is take it to the bought and paid for supreme court, and South Carolina will fall back in line.
401k, the playbook may be much like that but the shit tide is turning for our race-baiting Administration and its hangers-on.
The ACA is merely the greatest farce of a law ever passed by the Fed in this country; and ratified by the SCOTUS in an act of extreme cynicism and disloyalty to the citizens of the United States.
The Fed is a metastasizing cancer.
Katie "Cockroach" Couric
Love it!
Err.. Jesse Jackson is from South Carolina..
State's Rights?
Just like personal rights. You only keep those you're willing to fight and, if necessary, die for.
THE SOUTH WILL RISE AGAIN....
> issuing tax deductions to individuals equal to the tax penalties levied by the federal government
That is only a partial step. The bill should also included a tax surcharge equal to any health care subsidy provided by the federal government. It should also prohibit any insurance company from doing business in the state if it offers health care through a federal exchange intended for that state, and ban any doctor from practicing medicine if they accept payment for insurance offered through the ACA.
South Carolina is onto something here. Despite the overwhelming influence of the Federal government, states have great discretion in their tax code as well as in the licensing of insurance and physicians. The ACA could be completely dismantled at the state level.
States have always had the powers to defend themselves, the problem with all the voluntary programs is the State's are corrupt in your capital doom. A State can make it to where the Federal government has to sit at the border of the State.
States technically have the ability to do many things... however, practically speaking, states are impotent to do so given their dependence upon federal money/aid.
FUCKING A!! owebomba hates the young working class and they hate him back twice as much by now.
Has anybody in the media yet pointed out the stupidity of calling someone with an Indian (i.e. India) background a racist?
Or maybe she's a white Indian now.
Are you implying that only American whites can be racist?
Racial hatred spans all colors/nations, its a human condition.
What a Maroon.
Not at all, dude. How the hell did you read that in? I'm white and know that's not true.
I'm pointing out the new tactic of attacking someone by pointing out they might be "white' somehow, like what was done with George Zimmerman. Because if they're white, then that's the green light for Jessie Jackass and Al Charlatan et al to pile on.
dear ho,
In these PC times it has often been explained by the looney left that "people of color" can't be racist because they lack power and that has become the policy (defacto law) of the land. So get in line with the times. Only whites can be racists.
It's a law, only whites are racist
Go Cocks.
USC..USC...USC...
(with Sandstorm playing loud in the background)
How appropos, Obama has pioneered the method of exerting political influence by selectively failing to enforce laws, now South Carolina is giving Obama a taste of his own, ahem, medicine.
Just needs a few other states to follow suit in short order, and Obummer can whistle Dixie if he thinks ACA isn't holed below the waterline. An iceberg springs to mind...
all obama has to do is fine, no more highway funds, then south carolina will say , i love obama care . states are captured to the printing press just like its citizens
lame duck owebomba ain't gonna do jack to south carolina
now South Carolina just needs to ban the TSA, ban the fiat dollar and go back to silver and gold as the only valid money system, and ban anyone from infringing on our God given original Bill of Rights, and then I'll definitely be looking into moving there.
Texas tried to stop or limit the TSA, the Feds said ok no more approved flights to Texas and the state folded like a cheap suit.
Which is why this likely won't fly, even though I'm cheering SC on.
Invocation of the Commerce Clause in 3, 2, 1...
More clarity for businesses.
OBarry really should be removed from office before he tries to fix something else.
Rednecks still playing the sedition game. Hey fools didn't you learn your lesson in the 1860s?
no
fuck you
Couldn't have said it better myself.
x2
Sedition?
This is the same argument other states have used not to enforce or cooperate with federal marijuana laws and immigrant round-ups.
Did you cry "sedition" then, or is "sedition" applicable only for Obamacare and the Patriot Act?
One may not agree in all cases with how states could locally apply this principle, but arguably it would be better than continuing to cooperate with ever increasing federal martial laws, excessive and intrusive policing, and corporate giveaways.
Check out the anti-commandeering doctrine:
http://en.wikipedia.org/wiki/Printz_v._United_States
the Rednecks always said, "the South will rise again"
I always say, "the Feds gonna strike again"
The Feds gonna kill you and your redneck kids! Branch-Davidian-Style.
Who is Sherman today? Who's gonna march to the Reckneck's Sea?
United we stand, divided we fall.
Support the Union and sign up for Obamacare already!
Sarcasm?
History repeats.
Still trying to save you fools from yourselves.
So you enjoy the Federal boot heel on your throat?
http://tracking.tenthamendmentcenter.com/obamacare/
Go to this site and find out how you can help get rid of this monstrosity in your state!
What a great platform to run on, "I voted to keep Obama from killing you."
Ironic, South Carolina was the first one to leave the union back 150 yrs ago.....
slavery then....obamacare now.
funny, slavery wasn't mentioned by the union in the civil war until after sept 1862, when the emancipation proclamation was read by lincoln after antietam, the first non-loss by the union army in the east.
and that only freed slaves in the states that had joined the confederacy.
the confederacy was formed and goaded to war first by calling up of 100,000 army to put down the rebellion, and then by the same army marching into virginia. slavery was but one of many, many reasons for the civil war, but the largest reason was as in all wars, "money". also the rights of the states.
public schools in the 60's and 70's taught the slavery only story. but a deeper understanding can be reached by reading unbiased sources. the southern states to this day still show the signs of being looted and pillaged, first by the northern bankers and manufacturers, then by the war, then by martial law and carpetbaggers.
well the "union" won the war, and now the same morans are moaning about how the federal government is omnipotent,
so cry me a river, but i know how my ancestors stood and i hope i will do them proud when the time comes.
Any comment/hissyfit yet from the Rt Hon Senator from SC - Winsey Wayham?
So the strategy replays itself again – as the banker-controlled Republican Establishment apparently has already gotten Karl Rove on the job to bring enough primary challenges to the Establishment candidate to split the vote for another Winsey Wayham contrived victory..
Time reports that already “Graham, a ten-year veteran of the Senate, is already facing primary challenges from no less than four Republican candidates. Graham’s polling numbers in South Carolina are also down considerably, particularly among Republican voters.” From Talking Points Memo in October: “The latest survey from Winthrop showed 45 percent of Republican voters approving of Graham, compared with 40 percent who disapprove.”
More and more there's a need for a two-party system as Republicans and Democrats have joined into a single Washington party. And the power of the Washington Party is fueled by almost unlimited money printed out of thin air and spread among the special projects of the Establishment senators and congressmen.
Read more: Tim Scott Refuses to Endorse Lindsey Graham | TIME.com http://swampland.time.com/2013/11/20/tim-scott-refuses-to-endorse-lindsey-graham/#ixzz2nHXipoXD
This small act of defiance may go down as the first shot of the 2nd American civil war. AS the economy worsens in 2014 all fissures will deepen. ACross the globe.
I cannot figure a way that everything gets better. So in the absence of "better", the default is "worse". Across the globe.
So Atlanta burns again?
Civil War 2.0
Terrorists have taken over south carolina. Its now an Al qaeda safe haven. Bomb it.
That'd be DC as muslim safe haven. "Commence bombing in 5 minutes..."
SC or any state to abolish the Feds would be the equivalent to the American Monaco.
SNAP recipients are not able to afford living in Monaco. Socialist companies from France aren't headquartered there either.
None of the following is in the Constitution. The Supreme court in 1803 gave itself the power to declare laws unconstitutional. Obama in 2009 gave himself the right to not enforce or change laws on his decree. It's time for the States in 2013 to declare laws unconstitutional. As President Andrew Jackson told the Supreme court, you and what army will enforce your decisions.
Andrew Jackson was literally our best president ever. Does he get more than a passing mention in middle school history texts? Of course not!
Den of vipers don't like him very much...since they now control most everything...
He certainly was one of the best presidents for solving the "Indian Problem".
Future textbooks will cover the Indian Removal Act for sure.
andrew jackson, old hickory, my favorite american. tough as old hickory. 4 musket balls in him, slashed by a redcoats saber, when he was president somebody took a shot at him and it took 4 ss guards to pull him off the guy.
he walked the walk
Abraham Lincoln, no longer being here, may not be able to stop South Carolina from leaving Obamacare like he was able to wipe out half of the population of the South’s young men to stop South Carolina after being the first to leave the Union on December 20, 1860.
Edit: Sorry AGuy. I see you beat me to it.
Obama sure ain't gonna 'mancipate us.
We shall overcome!
Well done South Carolina. Keep up the pressure. Boatloads of money in State to fund projects. No need to borrow ZIRP from DC to develop jobs.
Anyone know where SC was on the lists of what states gave and what they got back from the federal government?
I know those are partisan interpretation but still...
Not meaning to spam up the place but here's some free reading:
http://www.amazon.com/The-Federalist-Papers-Alexander-Hamilton-ebook/dp/B009QA3GS8/ref=zg_bs_154606011_f_35
Note: you may want to ignore any disclaimers by the publisher. Also, you don't need a Kindle to read these...
All them promises about a 'small and limited' fedgov turned out to be a pack of lies.
Antifederalist and proud of it ...
Fantastic bit of false hope. Krieger is spectacular at this sort of thing. Enjoy it while you can. It doesn't last long as eventually your ignorance wears thin and you begin to see the dark light in all its pwnsome glory.
Truth hurts eh, Bitchez?
Junk button is just to the left there, click it and feel the wholeness of your power! You one-handed rebels and revolutionaries....
lol. How many of you are also seeing Health Insurance ads in the margins of this very post? LOL.
L-O-fucking-L
South carolina, quite literally, is a shit hole.
There is a land fill so disgusting and huge, you can see it from space.
The agency declared to protect the environment and human health does neither. PCB contamination is probably now wide spread in the state as human waste sludge used in South Carolina agriculture was spread far and wide over agricultural land to produce food for human consumption. South Carolina is so f-d up, they cant produce enuf human shit/industrial pollution on their own, that they have to import it from boardering states.
The agency that collects taxes, loses social security numbers - the single largest data breach from a government in US history.
The pension system in South Carolina pays the highest fees with the lowest returns.
And this is just the tip of the iceberg.
ya, what a great place to live....
I lived in the southern portion of NC for a few years and have to agree with your assessments. One only has to take a drive off the interstate (US routes, note even necessarily back roads) to see that it is a hole. The most common home type is mobile or small modular with a facade. Some trailer parks are black. Some are White. Obesity levels are akin to the 3 states deeper south (Miss. Ala. Louisiana). It's hot. Humidity is absolutely ridiculous. All the money is in the coastal tourist areas and some in the capitol.
Not asking you to live in either S.C., Newark, or Detroit.
The issue here is defying the federal government.
Instead of addressing the issue, you basically resort to an ad hominem attack which in no way invalidates the argument for defiance, no matter done by whom.
Do you also reject free speech for those whose opinions you disapprove?
I was stationed there...sure is better than shit holes like Joisey, NY, California and others.
You have managed to completly circumvent the entire issue being discussed.
FUCK YOU TROLL
Glad you feel that way. I guess we don't need to worry about seeing your sorry ass around.
I can think of no better way to attract small and mid-sized businesses to your state than to dump the ACA.
So this one time, at Ft. Sumter...
Some advice for states considering this legislation.
Don't introduce this legislation unless you have veto proof majorities in both houses.
Otherwise, you will be providing political cover for Dems to vote with you who know full well that their Democratic governor will cover their asses.
Don't give these assholes the ability to act like they are against ObamaCare before the next election.