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South Carolina Is About To Pass A Bill To Nullify Obamacare

Tyler Durden's picture




 

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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Thu, 12/12/2013 - 13:24 | 4240103 orangegeek
orangegeek's picture

take that Barry you fucking asshole

 

btw Barry, how's the Danish PM doing?  has she hoped up and down on your pogo stick while Michelle was in the other room?

Thu, 12/12/2013 - 13:25 | 4240111 Colonel Klink
Colonel Klink's picture

Guaranteed she didn't.  He hopped aboard Air Farce One and took a browbeating in private from the Wookie.

I'm sure he hoped, but nothing changed.

Thu, 12/12/2013 - 13:25 | 4240115 Quantum Nucleonics
Quantum Nucleonics's picture

Uh, I think you guys are getting ahead of yourselves with the Civil War 2.0 talk.  The legal changes they are making are pretty minor.  SC already rejected having its own exchange, so the Feds are already doing it (badly, but besides the point).  SC residents get a tax deduction, not at tax credit which is very different.  So if you are in SC and make $50K, the Obamacare penalty would be $500 (1% of income).  At SC's top marginal income tax rate of 7% (by the way, that's pretty steep for a "tea party" controlled state), the value of the deduction is, drum roll, $35.

The primacy of federal law over state law is pretty well established in precident and most federal taxes are collected directly, not through the states.  However, their may be lower hanging fruit in going after the Obama Administration over selective enforcement of the law.

Thu, 12/12/2013 - 13:42 | 4240213 rwe2late
rwe2late's picture

As I commented earlier, not so clear as you allege:

This is the same argument other states have used not to enforce or cooperate with federal marijuana laws and immigrant round-ups.

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

Thu, 12/12/2013 - 13:50 | 4240233 odatruf
odatruf's picture

Quant, I think you are mistaken. Someone getting a subsidy for the ACA gets it as a federal credit, not a deduction.  And it is refundable. If you mean for SC tax purposes, then you may be correct.

Thu, 12/12/2013 - 13:28 | 4240126 papaswamp
papaswamp's picture

Ft Sumter anyone?

Thu, 12/12/2013 - 13:31 | 4240143 Joebloinvestor
Joebloinvestor's picture

Wait for Barry to send in his "Brown shirts" to enforce Obamacare.

The MSM may even show that one.

Thu, 12/12/2013 - 13:38 | 4240179 W74
W74's picture

oooo, jobs for liberal arts majors!

Thu, 12/12/2013 - 13:57 | 4240271 pupdog1
pupdog1's picture

Art history books are quite large and can make formidable weapons.

Thu, 12/12/2013 - 13:31 | 4240150 AlexFStop
AlexFStop's picture

Wasn't it South Carolina that precipitated the Nullification Crisi of 1832, and didn't that end rather badly?

Don't get me wrong - I am 100% on their side this time around, and I wish them all the luck in the world.

Thu, 12/12/2013 - 13:33 | 4240155 SmittyinLA
SmittyinLA's picture

This bill is an empty suit like Nikki Haley, she's a Socialist poser. 

Obamacare is a financial accommodation of Mexican Socialist invasion, and Nikki Haley has welcomed Mexican invasion. 

A tighter bill would have simply extended state sovereign immunity to all state citizens against any federal law which doesn't apply to all citizens, and Obamacare doesn't apply to all persons and the creeps will never give up their own exemptions.

 

 

Thu, 12/12/2013 - 13:53 | 4240248 rwe2late
rwe2late's picture

 due process clause of Constitution?

an argument possibly worth pursuing,

http://en.wikipedia.org/wiki/Bolling_v._Sharpe

 

 

Thu, 12/12/2013 - 13:40 | 4240181 Wyatt Junker
Wyatt Junker's picture

What scared the White House about 6 months ago was when there was a CAIR rally at the Capitol and a million bikers showed up untelegraphed, just rolled in Sons of Anarchy style and swarmed them.  They didn't have an eyeball on that, or control.  

Let the fedz sit on SC's border.  Let thm park their ass on all the Southern states' borders.  

Who knows who will show up.  

Now, if Haley Barbour passes another bill that forces every citizen to put in for mandatory time into the newly erected State militia as per...

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Then the shitstorm would really get moving fast.

Thu, 12/12/2013 - 13:40 | 4240198 sosoome
sosoome's picture

While this may sound encouraging, the repubs, typically, have no clue how to fight the feds. They are just putting more cluster in the clusterfuck.

They simply need to declare, at the state level, that ACA is unconstitutional, and there will be no enforcement in their state. There is no authorization in Article I Section 8 for ACA, and congress did not pass a tax. Of course, the 16th and 17th Amendments have taken the bite out of states' asserting their rights, but with a little courage, it can be done, peacefully.

Thu, 12/12/2013 - 13:43 | 4240210 1stepcloser
1stepcloser's picture

HOLD IT....HOLD IT...Can SC get federal funds to widen 95 before they get 86'd from the Union.  Driving thru that state drives me nuts and I will be doing in next week heading north... One big rolling back up during holiday travel....

Thu, 12/12/2013 - 16:51 | 4240887 wtf1369
wtf1369's picture

If you're from points north of our great state we'd just as soon close the southbound side anyway ;- )

Thu, 12/12/2013 - 13:46 | 4240221 Wyatt Junker
Wyatt Junker's picture

We saw what (dick)Holder did to Arizona when that state wanted the fedz to enforce border law, but that was a sin of omission by DC.  The fedz can't enforce shit when it comes to a sin of comission by a state.  They don't have the manpower.

The fedz can do all sorts of shit just shy of pointing a gun barrel into the head of everyone living there, but by that time the tide shall have already turned.

Thu, 12/12/2013 - 13:51 | 4240240 sosoome
sosoome's picture

IRS.

The problem is the fact the feds extract the money from individuals, and the states compete to get that money back. This causes the people to encourage reps to keep the game alive. If the States remitted taxes to the feds, as per the constitution, all this shit would cease.

Thu, 12/12/2013 - 13:50 | 4240242 JLee2027
JLee2027's picture

Assuming this passes and is signed into law, any attempt by the Feds to muzzle or punish this will backfire in my opinion. Some here think a Federal Court can reverse this, but it's clear that such a negative ruling would just be ignored.

The power to IGNORE THEM is very powerful stuff indeed.

Thu, 12/12/2013 - 14:03 | 4240285 jughead
jughead's picture

The new standard response by states, counties, cities and individuals to Federal overreach is a simple acronym: PGFY (Please go fuck yourselves). 

Thu, 12/12/2013 - 13:58 | 4240275 Colonel Jessup
Colonel Jessup's picture

Cue the nuclear false flag, as promised by Lindsey Graham....

http://www.infowars.com/sen-graham-warns-of-nuke-strike-after-missing-nuke-report/

 

 

Thu, 12/12/2013 - 13:58 | 4240277 Colonel Jessup
Colonel Jessup's picture

Cue the nuclear false flag, as promised by Lindsey Graham....

http://www.infowars.com/sen-graham-warns-of-nuke-strike-after-missing-nuke-report/

 

Thu, 12/12/2013 - 14:21 | 4240352 Reader1
Reader1's picture

That conspiracy story is BULL.  If every story and rumor and conspiracy theory pushed on Jones' site had actually come true, all human life would have been snuffed out long ago.  Heck, he couldn't even figure out what DRMO is.

Funny how noone dwells on the would-be conspiracy theories that fail to materialize, like the rumor that last month they would declare a FEMA State of Emergency in VA and MD and DE and lock them down with Russian troops and seize all their guns.  Yeaaaaaah-Nope. 

Thu, 12/12/2013 - 14:26 | 4240374 LFMayor
LFMayor's picture

my favs were the contrails and haarp ones, but they were recently superceded by this jewel:

The "Fast and Furious" franchise was revealing too many top secret government surveillance techniques in their films, so to Send a Message, the Feds killed Paul Walker.

I shit you not.  It's things like this that make me pray for a cleansing fire.

Thu, 12/12/2013 - 14:09 | 4240299 2discern
2discern's picture

The press ignores other huge events of barry soetero's illegal occupation as putative prez. Loretta Fuddy Hawaii Dept. of Health director who knew the hoax of now posted (WH.gov) forged birth record is dead. Plane crash off Molokai. She was the only fatality of nine passengers. Sure is strange that whomever is close to his real ID ends up dead.

Thu, 12/12/2013 - 14:13 | 4240324 rlouis
rlouis's picture

Why is it racist to withdraw from a poorly conceived, poorly executed program?

Thu, 12/12/2013 - 14:22 | 4240345 LFMayor
LFMayor's picture

because the Mocha Messiah penned it his very self, with his own blood.

and you just voiced a contrarian statement.  and you're white.

especially because you're white.  And if you're not white, you're an uncle tom.

Thu, 12/12/2013 - 14:22 | 4240350 Cursive
Cursive's picture

@Pladizow

If you don't like your federal largesse, you can't keep your federal largesse.

Thu, 12/12/2013 - 15:17 | 4240529 honestann
honestann's picture

Insufficient!  So they support their taxpayers paying the IRS penalties, but will re-imburse?  And where do they get the money to re-imburse?  Duh!  By raising their own state taxes to offset.  Which means, this law has almost ZERO benefit over people just not signing up for Obamacare and paying the tax.

How about some ACTUAL nullification.  Just say no!  And let the state government arm everyone in the state, with instructions to gang up on any federales who show up to enforce non-payment of the Obamacare fines AKA taxes.

The only way to stop rabid predators is to stop them.

PS:  Any state that voids ALL federal health-care and health-insurance law, and explicitly supports and encourages "cash for medical services" clinics... would instantly become the place everyone goes for non-trivial health-care (and take care of their own trivial health-care without federal frankenstein doctors).

For those who didn't notice, some doctors recently figured out they can offer medical services for 20% of the normal prices... IF... they only provide health-care.  As in, no government paperwork, no insurance company paperwork, no bill collection losses, etc.  Hey, at 20% of the normal price, people can afford medical care.  Who would have thought?  Anyone with a brain.

Thu, 12/12/2013 - 15:24 | 4240582 Harriet Wanger
Harriet Wanger's picture

It won't matter if every state nullifies Obamacare, the new normal is at least $1,500 a year to have a doctor put a finger in an orifice and a $5,000 deductible.

Thu, 12/12/2013 - 15:33 | 4240628 j0nx
j0nx's picture

The Virginia AG has been trying to do this for a few years now and he was just defeated in the governor's election by a liberal carpet bagger in bloomberg and clinton's back pocket. Trust me when I tell you that the liberal cancer that is infecting the nation is spreading south with a quickness.

Thu, 12/12/2013 - 15:41 | 4240646 Nue
Nue's picture

I'm from South Carolina and I fully support ending this farce called HealthCare before it becomes an even bigger disaster than it already is. The biggest reason for a state to want to get rid of the ACA is because the Federal Goverment has a history of creating programs where intitally they fund the costs of the program then when the funds run out they end up dumping the full cost of the program into the states lap. Bill Clintons "Cops on the Beat" program is one such example. Where the Feds funded the hiring and training of 100,000 new police officers but then basiclly pulled the funding. Which meant states either had to find new taxes to fund the cops or fire them. Obamacare at it's present course is going to require a bailout of the insurance industry. That money will most likely be squeezed out of the states by forcing them to fully fund the new Medicaid expansion which means every state that signed onto this boondoggle will be in panic mode come 2016-2017.

Thu, 12/12/2013 - 16:31 | 4240801 Atomizer
Atomizer's picture

Good for you. Not sure where you live in SC. If you happen to be in MB or Greenville.. Let me know ahead of time. I-85 exit 54 in Greenville [Chophouse '47] or N. Ocean Blvd Myrtle Beach. Plenty of places to enjoy a cigar/cigarette and eat well. No EBT cards are accepted. Therefore no riff raff. I travel in & out of there. The locals call me a good yankee!

Thu, 12/12/2013 - 16:03 | 4240711 zrussell
zrussell's picture

Isn't SC where the black-ops nuke warheads were delivered?

Thu, 12/12/2013 - 16:10 | 4240730 Fail2Deliver
Fail2Deliver's picture

No need for delivery. We grow our own here. Savanah River Site, Aiken County, SC

Thu, 12/12/2013 - 16:07 | 4240725 Lmo Mutton
Lmo Mutton's picture

Go long rebel flags, er, excuse me.

Go long 4th? National Flags.

Thu, 12/12/2013 - 16:18 | 4240754 Whiner
Whiner's picture

South Carolina: " the Mother of Sedition"! May the Palmetto flag fly alone forever. Georgia will rally to her side.

Thu, 12/12/2013 - 16:29 | 4240791 NeedtoSecede
NeedtoSecede's picture

Slightly off topic, but I just heard another from Pelosi that made me spit my coffee all over my keyboard.  Apparently, while trying to placate her collegues in the house about another fantasy budget deal, she said that they must "Embrace the Suck."

Why should any state or any free individual have to conform to the law of any government when the best quotes from one of the "leaders" of that government are:

"We have to pass the bill to find out what is in the bill." 

AND

"Embrace the suck."

Wow, if that is not grounds for nullification/secession/recall I don't know what it will take.  How long before we are told if you like your suck, you can keep your suck?

Thu, 12/12/2013 - 16:38 | 4240793 Esculent 69
Esculent 69's picture

I've said this in the past and its time to repeat it.

If the states are powerless then its up to the citizens. 

Stop filing a tax return. It's illegal to do so based upon the warning of knowingly false information provided is grounds for a perjury charge which is a felony. The FICA witholding in your paycheck is matched by your employer, but its paid for by you the taxpayer. This witholding of your income and the 100% taxation of that percentage of income you never see and is not properly shown as income or taxes paid on your W2. 

Your W2 is inaccurate because it does not show your total income and taxation there by your tax return would be fraudulent causing you to coming perjury. the fifth ammnedment makes it so that you can not incriminate yourself. 

Not to mention the hidden tax of inflation which is caused by the federal reserves which also facilitates money laundering to terrortist activites as well as illegal drug activity. It forces you to support and enable illegal activity based upon your forced participation in this illegal sysytem. 

The hidden tax of inflation btw is a tax on your income on state and federal taxes in every aspect after you have already had your taxes taken from you. 

Last and yes least because i cant stand this bithch, but Hiltlery Clit-tongue told the Pakistani government that here in Amurika we tax everything that moves and everything that doesn't move. 

But what difference does it make?

Stop filing. If enough people in the country do this on the DL not only can we hasten the collapse/reset, but force the issue while putting the money in your hands which will help where you live because those taxes will go to local taxes not federal. with the exception of gas tax and the taxes on things that don't move.  

http://www.dailytimes.com.pk/print.asp?page=2009%5C10%5C30%5Cstory_30-10...

Stop filing and take out your max allowances.

Its a new tax year coming up. What are you waiting for?

Thu, 12/12/2013 - 17:19 | 4240805 Esculent 69
Esculent 69's picture

Remember you are just following the law. 

Edit: Remeber you are just following the law, its the most peaceful action and it hits them where it hurts. Plus if it causes them to speed up "stimulus" or as we've come to know as QE4EVA, it could help with those PM prices.  Even though paper price means nothing. 

And the final nail is to take all of your $$$$$$'s out of the major banks, IRA's 401k's, and prepare for the storm that is coming and that cant be stopped.  Its what you have that sustains you through this mess so as not to be put in a desperate situation. Because when desperate people lose all hope, they lose it! And we don't want to play into their hands now do we?

God bless you all. 

Merry Christmas. 

Be safe. Peace

Thu, 12/12/2013 - 17:09 | 4240941 NeedtoSecede
NeedtoSecede's picture

Sorry for the double post.  But remember sheeple do as Queen Nancy says and:

"Embrace the suck."

Thu, 12/12/2013 - 17:38 | 4241069 Esculent 69
Esculent 69's picture

I originally down voted you cuz i thought you were one of those people that post again just to get to the top of the thread.  for some odd reason it is no longer there. i gave you the up arrow cause i thought it would balance out due to your  apology. so now you have a +1 which actually works because i agreed with your original post "embrace the suck".  I hate that bitch. 

If you have any views about what i posted regarding tax returns please feel free. I'm genuinely curious to hear peoples opinions about this. we are in trouble as a nation and as a free people.    What ever works to kill this beast. 

Thu, 12/12/2013 - 17:32 | 4241050 Bryan
Bryan's picture

I'm surprised Texas wasn't the first with this idea.

Thu, 12/12/2013 - 18:01 | 4241154 Esculent 69
Esculent 69's picture

the best part of this plan is that those that dont receive a tax refund DO NOT have to pay the Ofuckmecare penalty tax. 

also if its a tax mandated by the federal government, isnt that a federal tax that should be deducted from your taxable income? 

Not that it matters because its illegal to file a tax return anyway.

Thu, 12/12/2013 - 18:41 | 4241313 Esculent 69
Esculent 69's picture

The individual funding change is what offsets the govenments funding. We find local solutions to your local problems including caring for you elderly, homeless, poor, handicapped and other issues dealing with society. Its the notion that we have to rely on the feral government in order to survive.

Acceptance of programs like social security blinded so many into accepting their slavery. Medicare, medicaide, illegal immigrants getting free healthcare, education and a pass on laws because they are descriminated against is just another piece of corn on this shit burger we call socialism. 

Its time there be a letter written by we the people that state that we no longer need your assistance in our private lives. We can take care of ourselves and educate our own children. Do your job and uphold the constitution under penalty of treason! 

Have a good day.

Your Boss

Thu, 12/12/2013 - 18:48 | 4241363 Esculent 69
Esculent 69's picture

You will essentially be paying all the hidden taxes in every item we pay anyway that will go to the government.  a VAT if you will.  The push the issue would be to have enough new blood in congress to go to a flat or consumption tax as well as disolving the fed reserve. if you dont fight you cant win. force the wrong people to do the right thing. If congress can pass tyrannical legislation, a new congress can pass legal legislation.  And repeal it all. Got to start somewhere. 

Thu, 12/12/2013 - 19:16 | 4241478 Esculent 69
Esculent 69's picture

so give me slavery, but not death is your answer?

die on your knees?

DHS was not the only ones buying hollow point ammo. Noticed guns and ammo sales lately. 

when the people fear their government your have tyranny.

shit now im late. and its not your fault.

Fri, 12/13/2013 - 01:42 | 4242540 Tegrat
Tegrat's picture

Every fucktard that voted for the most popular libertarian, and by that effect, voting for Obama enjoy your new tax increases or job loss via reduced service healthcare. Idiots.

It DOES matter who you vote for. Obama was an ignorant choice the first time. The 2nd time you fucking deserve everything coming to ya. May you and your procreations lose their ability to vote while waiting in line in the emergency room while some illegal delivers another.

Fuck every one of you ignorant "it's all the different side of the same coin" voters. At least Romney knew it could be done at the state level and people could MOVE to another state in the US.

 

Fri, 12/13/2013 - 06:29 | 4242792 Incubus
Incubus's picture

get back to me when a state that matters decides to do something.

 

South Carolina...lol.

 

 

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