I’ve stated repeatedly my belief that any hope we have of defeating the national government peaceably lies with the Several States, who are just as Sovereign as the federal government.
South Carolina looks poised to make a move that is a step in the right [pun intended] direction.
From Newsmax, Cathy Burke reporting, we learn [worth quoting nearly in full]:
A bill set for fast-track passage in the South Carolina Senate would effectively nullify Obamacare in that state – and could become a model for other states fed up with the president’s signature healthcare law.
House Bill 3101 passed the state House of Representatives in April and now heads to the Republican-controlled Senate with special-order priority, the Daily Caller reported Monday.
If the bill becomes law, South Carolina will be the first state to exempt citizens and businesses from all participation in the Affordable Care Act, the Daily Caller reported.
The bill’s sponsor, state Sen. Tom Davis, recently wrapped up study committee hearings in cities around the state, and says the proposed legislation would render Obamacare void or inoperable through a handful of provisions.
"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," the Republican from Beaufort told the Daily Caller.
The bill’s main component prohibits agencies, officers and employees of the state from implementing any provisions of the Affordable Care Act, leaving implementation entirely in the hands of the federal government, which, Davis contends, lacks the resources or personnel to carry out the programs it mandates.
"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 told the Daily Caller.
"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 the bill would outlaw state exchanges, issuing tax deductions to persons 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 Daily Caller reported, the provisions would effectively repeal the federal law for the people of South Carolina.
Given the majority of Republicans in the South Carolina Senate — along with moderate Democrats who may support the bill out of fear of voter wrath — the proposed legislation is likely to pass in short order and be signed into law by Gov. Nikki Haley, who has led South Carolina’s resistance to Obamacare.
Meanwhile, political forces on the left and right are gathering for battle, including local tea party groups mobilizing support – and opponents who have called supportive lawmakers racists and questioned the authority of states to oppose federal laws, the Daily Caller reported.
That’s the Spirit!
South Carolina is on sound Constitutional footing in this action.
The Several States have never formally given-up their Sovereignty and they can, therefore, exert it under The Constitution at any time [they should have always done so, but that's water under the bridge]. When they agreed to The Constitution, the Several States made it clear that they and the Sovereign people retained all rights not granted to the national government.
There is nothing in The Constitution that allows the federal government to force people to purchase anything. Such a power is reserved to the People and they may grant it to their States, if they so choose, through their State Constitutions. Therefore, South Carolina, acting in and for the residents of their State, are allowed to refuse to comply with what the State has deemed to be an unConstitutional law because said law seeks to gather such a power to itself in clear violation of the letter and spirit of The Constitution.
The national government can contest this to the Supreme Court. If the SCOTUS decides in favor of the federal government, then said government can try to enforce the ruling, but the State can resist it, if it does so in the name of The Constitution.
Now, clearly, the national government is in the wrong regarding the legitimacy of Obamacare as a law sanctioned by the powers granted under The Constitution Of The United States. Therefore, any State government that resists the implementation of such a foul and hostile law, is in the right and it is it’s duty to refuse to comply with such a law.
Some would argue that this argument, if accepted, would bring about Chaos, unleash lawlessness and disorder, and it certainly would if the State resisted a federal law for light and transient causes, but, clearly, if one is has any respect for Right Reason, the Affordable Care Act is unConstitutional because it attempts to give the national government a power it was not delegated by The People, who are the ultimate Sovereignty. Therefore, if any Chaos ensues, it is the national government who is the cause, because it’s caretakers have violated their Oaths Of Office and sought to enforce a law that is repugnant to The Constitution, that is an actual crime and a moral offense against Man and the Creator, who endowed Mankind with certain inalienable rights. The States, in such a situation, are actually seeking to restore Law And Order, to stop a rogue group of individuals, of Despots, from disturbing and undermining The Peace.
The national government is in the hands of serial violators of The Constitution Of The United States. Therefore, it is to the Several States we must turn as our last, best hope if we are to end the Tyranny of the Federal Government and avoid having to use force of arms.
Refugium inveniemus in provinciis.
[Find refuge in the provinces.]
Resistentiam Tyrannis nunc.
Resistentiam Tyrannis saecula.
[Resistance to Tyranny now.
Resistance to Tyranny forever.]
