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States can take power back from the federal government
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Dec 10, 2013 23:41:54   #
BigMike Loc: yerington nv
 
Several states have begun to take power back from the Federal government. Perhaps this is the way re-empowerment of the people needs to be done. It seems like the accomplishment of any reform at the federal level quickly turns into a dog and pony show. Maybe we just have to tell the Federal government to go to hell. Some of us might be retaliated against. Since those of us with a little perspective understand that freedom isn't free, I hope more folks in more states will rally to the cause of getting the federal government more "right sized" and work to see that happen, even if for a while it's painful.


Obama44

South Carolina lawmakers have a proposal in their legislative pipeline that would nullify the federal Obamacare law.

Observers say the state likely will be the first in the nation to exempt citizens and businesses from participation in Obama’s Affordable Care Act.







Critics already have declared the bill is r****t and argue that federal law trumps state law. They charged that state lawmakers can’t opt out of the law because they don’t like President Obama.

The South Carolina bill prohibits state agencies and officers from implementing any portion of the federal mandate, outlaws state insurance exchanges and directs the state attorney general to sue over selective enforcement of the Affordable Health Care Act.

Supporters of the bill contend it aligns with a Founding Father’s solution for states confronted by an unwarranted federal law.

From James Madison come the instructions:

“Should an unwarrantable measure of the federal government be unpopular in particular states, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the union; the frowns of the executive magistracy of the state; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any state, difficulties not to be despised; would form, in a large state, very serious impediments; and where the sentiments of several adjoining states happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter.”

House Bill 3101, called the South Carolina Freedom of Health Care Protection Act, already has passed the House 65-34 and soon heads to the Senate.

The bill’s chief sponsor, state Sen. Tom Davis, said there are several components which “in my judgment are legal, effective and within the state’s power to do.”

First, it prohibits agencies, officers and employees of the state from incorporating Obamacare requirements. Only federal officials could implement each of the myriad functions of the program in the state.

Davis explained that case law establishes Washington cannot force states to enforce federal laws. Administration officials, he pointed out, acknowledged that limitation when they set up a federal exchange because so many states refused to establish their own.

Get “Taking America Back,” Joseph Farah’s manifesto for sovereignty, self-reliance and moral renewal

Other provisions outlaw state exchanges, issue tax deductions for those penalized and direct the attorney general to pursue certain lawsuits.

The South Carolina Senate has a GOP majority so the plan is expected to pass and then be signed by Republican Gov. Nikki Haley, who opposes Obamacare.

Michael Maharrey, a spokesman for the Tenth Amendment Center, which advocates for states rights, told WND there’s a similar plan under development already in Oklahoma.

The center’s analysis of Madison’s writing outlines what it believes is the proper course for states.

The organization points out that “unwarrantable” literally means “unjustifiable.”

“Madison was clearly talking about federal acts with no constitutional justification. … But notice something interesting, Madison implies that state governments can even resist a ‘warrantable’ or justifiable federal act. So what does Madison suggest states do when the feds overstep their authority? Oppose it!”

The nullification idea already has been applied to issues ranging from gun regulation, driver’s license requirements and most recently, marijuana laws. The federal government folded when Colorado and Washington state made marijuana legal, despite a ban by the federal government.

The center’s model legislation for accomplishing nullification includes a rejection of the federal law, a specific act implementing the nullification and legal challenges as needed.

Read more at http://www.wnd.com/2013/12/s-carolina-aims-to-nullify-obamacare/#XWRom2YGS6t0PpBy.99

Reply
Dec 11, 2013 00:37:04   #
lpnmajor Loc: Arkansas
 
BigMike wrote:
Several states have begun to take power back from the Federal government. Perhaps this is the way re-empowerment of the people needs to be done. It seems like the accomplishment of any reform at the federal level quickly turns into a dog and pony show. Maybe we just have to tell the Federal government to go to hell. Some of us might be retaliated against. Since those of us with a little perspective understand that freedom isn't free, I hope more folks in more states will rally to the cause of getting the federal government more "right sized" and work to see that happen, even if for a while it's painful.


Obama44

South Carolina lawmakers have a proposal in their legislative pipeline that would nullify the federal Obamacare law.

Observers say the state likely will be the first in the nation to exempt citizens and businesses from participation in Obama’s Affordable Care Act.







Critics already have declared the bill is r****t and argue that federal law trumps state law. They charged that state lawmakers can’t opt out of the law because they don’t like President Obama.

The South Carolina bill prohibits state agencies and officers from implementing any portion of the federal mandate, outlaws state insurance exchanges and directs the state attorney general to sue over selective enforcement of the Affordable Health Care Act.

Supporters of the bill contend it aligns with a Founding Father’s solution for states confronted by an unwarranted federal law.

From James Madison come the instructions:

“Should an unwarrantable measure of the federal government be unpopular in particular states, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the union; the frowns of the executive magistracy of the state; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any state, difficulties not to be despised; would form, in a large state, very serious impediments; and where the sentiments of several adjoining states happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter.”

House Bill 3101, called the South Carolina Freedom of Health Care Protection Act, already has passed the House 65-34 and soon heads to the Senate.

The bill’s chief sponsor, state Sen. Tom Davis, said there are several components which “in my judgment are legal, effective and within the state’s power to do.”

First, it prohibits agencies, officers and employees of the state from incorporating Obamacare requirements. Only federal officials could implement each of the myriad functions of the program in the state.

Davis explained that case law establishes Washington cannot force states to enforce federal laws. Administration officials, he pointed out, acknowledged that limitation when they set up a federal exchange because so many states refused to establish their own.

Get “Taking America Back,” Joseph Farah’s manifesto for sovereignty, self-reliance and moral renewal

Other provisions outlaw state exchanges, issue tax deductions for those penalized and direct the attorney general to pursue certain lawsuits.

The South Carolina Senate has a GOP majority so the plan is expected to pass and then be signed by Republican Gov. Nikki Haley, who opposes Obamacare.

Michael Maharrey, a spokesman for the Tenth Amendment Center, which advocates for states rights, told WND there’s a similar plan under development already in Oklahoma.

The center’s analysis of Madison’s writing outlines what it believes is the proper course for states.

The organization points out that “unwarrantable” literally means “unjustifiable.”

“Madison was clearly talking about federal acts with no constitutional justification. … But notice something interesting, Madison implies that state governments can even resist a ‘warrantable’ or justifiable federal act. So what does Madison suggest states do when the feds overstep their authority? Oppose it!”

The nullification idea already has been applied to issues ranging from gun regulation, driver’s license requirements and most recently, marijuana laws. The federal government folded when Colorado and Washington state made marijuana legal, despite a ban by the federal government.

The center’s model legislation for accomplishing nullification includes a rejection of the federal law, a specific act implementing the nullification and legal challenges as needed.

Read more at http://www.wnd.com/2013/12/s-carolina-aims-to-nullify-obamacare/#XWRom2YGS6t0PpBy.99
Several states have begun to take power back from ... (show quote)


The Fed was only supposed to do those things that States couldn't do individually. Standing Armies, foreign relations etc. Now the States are being forced to do what they used to do 100 years ago.

Reply
Dec 11, 2013 01:55:55   #
UncleJesse Loc: Hazzard Co, GA
 
I guess they forgot the lesson they learned when President Andrew Jackson sent the naval flotilla to enforce the tariffs in 1832.

BigMike wrote:
Several states have begun to take power back from the Federal government. Perhaps this is the way re-empowerment of the people needs to be done. It seems like the accomplishment of any reform at the federal level quickly turns into a dog and pony show. Maybe we just have to tell the Federal government to go to hell. Some of us might be retaliated against. Since those of us with a little perspective understand that freedom isn't free, I hope more folks in more states will rally to the cause of getting the federal government more "right sized" and work to see that happen, even if for a while it's painful.


Obama44

South Carolina lawmakers have a proposal in their legislative pipeline that would nullify the federal Obamacare law.
...
The South Carolina Senate has a GOP majority so the plan is expected to pass and then be signed by Republican Gov. Nikki Haley, who opposes Obamacare.

...
The center’s model legislation for accomplishing nullification includes a rejection of the federal law, a specific act implementing the nullification and legal challenges as needed.

Read more at http://www.wnd.com/2013/12/s-carolina-aims-to-nullify-obamacare/#XWRom2YGS6t0PpBy.99
Several states have begun to take power back from ... (show quote)

Reply
 
 
Dec 11, 2013 02:18:07   #
BigMike Loc: yerington nv
 
lpnmajor wrote:
The Fed was only supposed to do those things that States couldn't do individually. Standing Armies, foreign relations etc. Now the States are being forced to do what they used to do 100 years ago.


Crazy huh? Who would have thought that the Founders may have known what they were up to when they set up powers they way they did? At any rate, I don't see any relief for the freedom conscious coming from Washington, so maybe putting the screws to our States is the way to go. It is our duty to resist an overreaching Federal government. I've already been to the Joint twice. I'm not skeered.

Reply
Dec 11, 2013 02:27:52   #
BigMike Loc: yerington nv
 
UncleJesse wrote:
I guess they forgot the lesson they learned when President Andrew Jackson sent the naval flotilla to enforce the tariffs in 1832.


Is it your contention, then, that we should continue to allow the usurpation of personal liberty by the Federal government? After this President gets done dressing up our military in doll clothes he may find them...uncooperative if it comes down to it. I predict that if this idea takes root there could be a hell of a lot more defiance of an overreaching Federal government. In fact some, myself included, might come to think of it as our civic duty.

Perhaps you are at an age where it doesn't make that much of a damn to you. Fair enough. I'm not far from that myself, but my daughter isn't, and I'd like for her to be a strong, independent woman, and everything this administration does is about making people feel helpless and victimized.

Reply
Dec 11, 2013 07:16:23   #
lpnmajor Loc: Arkansas
 
BigMike wrote:
Crazy huh? Who would have thought that the Founders may have known what they were up to when they set up powers they way they did? At any rate, I don't see any relief for the freedom conscious coming from Washington, so maybe putting the screws to our States is the way to go. It is our duty to resist an overreaching Federal government. I've already been to the Joint twice. I'm not skeered.


Each State has it's own Army after all.

Reply
Dec 11, 2013 07:36:37   #
ghost1954
 
personally ide rather feel in powered and independent able to take care of my self and mine NOT helpless and a victim wateing on the government to take care of me ill admit when some one has a handicap or cant get work they need help but THat word id HElp NOT A hand out ide rather work is just the way I was raised maybe in part but I do still have a touch of my southern p***e left.

Reply
 
 
Dec 11, 2013 07:52:17   #
nancyjess
 
BigMike wrote:
Several states have begun to take power back from the Federal government. Perhaps this is the way re-empowerment of the people needs to be done. It seems like the accomplishment of any reform at the federal level quickly turns into a dog and pony show. Maybe we just have to tell the Federal government to go to hell. Some of us might be retaliated against. Since those of us with a little perspective understand that freedom isn't free, I hope more folks in more states will rally to the cause of getting the federal government more "right sized" and work to see that happen, even if for a while it's painful.
this is the best news i have heard in years..... we will have to work to get the information out to all our other states to follow south carolina...
i also heard and read,about the convention of the states is at work... if you want to know more about this : go to
ALEC'S CONFERENCE BY MICHAEL FARRIS AND SEE VIDEO
ON UTUBE OR YOU CAN GOOGLE IT. IT IS A MASSIVE ACTION GOING ON AND I JUST SIGNED UP AS AN ACTIVE MEMBER TO
GET OUR COUNTRY BACK TO ITS CONSTITUTIONAL VALUES AND / NO MORE BIG GOVERNMENT. GO WATCH IT !!!
OUT COUNTRY IS WAKING UP FOLKS.

Obama44

South Carolina lawmakers have a proposal in their legislative pipeline that would nullify the federal Obamacare law.

Observers say the state likely will be the first in the nation to exempt citizens and businesses from participation in Obama’s Affordable Care Act.







Critics already have declared the bill is r****t and argue that federal law trumps state law. They charged that state lawmakers can’t opt out of the law because they don’t like President Obama.

The South Carolina bill prohibits state agencies and officers from implementing any portion of the federal mandate, outlaws state insurance exchanges and directs the state attorney general to sue over selective enforcement of the Affordable Health Care Act.

Supporters of the bill contend it aligns with a Founding Father’s solution for states confronted by an unwarranted federal law.

From James Madison come the instructions:

“Should an unwarrantable measure of the federal government be unpopular in particular states, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the union; the frowns of the executive magistracy of the state; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any state, difficulties not to be despised; would form, in a large state, very serious impediments; and where the sentiments of several adjoining states happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter.”

House Bill 3101, called the South Carolina Freedom of Health Care Protection Act, already has passed the House 65-34 and soon heads to the Senate.

The bill’s chief sponsor, state Sen. Tom Davis, said there are several components which “in my judgment are legal, effective and within the state’s power to do.”

First, it prohibits agencies, officers and employees of the state from incorporating Obamacare requirements. Only federal officials could implement each of the myriad functions of the program in the state.

Davis explained that case law establishes Washington cannot force states to enforce federal laws. Administration officials, he pointed out, acknowledged that limitation when they set up a federal exchange because so many states refused to establish their own.

Get “Taking America Back,” Joseph Farah’s manifesto for sovereignty, self-reliance and moral renewal

Other provisions outlaw state exchanges, issue tax deductions for those penalized and direct the attorney general to pursue certain lawsuits.

The South Carolina Senate has a GOP majority so the plan is expected to pass and then be signed by Republican Gov. Nikki Haley, who opposes Obamacare.

Michael Maharrey, a spokesman for the Tenth Amendment Center, which advocates for states rights, told WND there’s a similar plan under development already in Oklahoma.

The center’s analysis of Madison’s writing outlines what it believes is the proper course for states.

The organization points out that “unwarrantable” literally means “unjustifiable.”

“Madison was clearly talking about federal acts with no constitutional justification. … But notice something interesting, Madison implies that state governments can even resist a ‘warrantable’ or justifiable federal act. So what does Madison suggest states do when the feds overstep their authority? Oppose it!”

The nullification idea already has been applied to issues ranging from gun regulation, driver’s license requirements and most recently, marijuana laws. The federal government folded when Colorado and Washington state made marijuana legal, despite a ban by the federal government.

The center’s model legislation for accomplishing nullification includes a rejection of the federal law, a specific act implementing the nullification and legal challenges as needed.

Read more at http://www.wnd.com/2013/12/s-carolina-aims-to-nullify-obamacare/#XWRom2YGS6t0PpBy.99
Several states have begun to take power back from ... (show quote)

Reply
Dec 11, 2013 09:25:14   #
Confused
 
BigMike wrote:
Several states have begun to take power back from the Federal government. Perhaps this is the way re-empowerment of the people needs to be done. It seems like the accomplishment of any reform at the federal level quickly turns into a dog and pony show. Maybe we just have to tell the Federal government to go to hell. Some of us might be retaliated against. Since those of us with a little perspective understand that freedom isn't free, I hope more folks in more states will rally to the cause of getting the federal government more "right sized" and work to see that happen, even if for a while it's painful.


Obama44

South Carolina lawmakers have a proposal in their legislative pipeline that would nullify the federal Obamacare law.

Observers say the state likely will be the first in the nation to exempt citizens and businesses from participation in Obama’s Affordable Care Act.







Critics already have declared the bill is r****t and argue that federal law trumps state law. They charged that state lawmakers can’t opt out of the law because they don’t like President Obama.

The South Carolina bill prohibits state agencies and officers from implementing any portion of the federal mandate, outlaws state insurance exchanges and directs the state attorney general to sue over selective enforcement of the Affordable Health Care Act.

Supporters of the bill contend it aligns with a Founding Father’s solution for states confronted by an unwarranted federal law.

From James Madison come the instructions:

“Should an unwarrantable measure of the federal government be unpopular in particular states, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the union; the frowns of the executive magistracy of the state; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any state, difficulties not to be despised; would form, in a large state, very serious impediments; and where the sentiments of several adjoining states happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter.”

House Bill 3101, called the South Carolina Freedom of Health Care Protection Act, already has passed the House 65-34 and soon heads to the Senate.

The bill’s chief sponsor, state Sen. Tom Davis, said there are several components which “in my judgment are legal, effective and within the state’s power to do.”

First, it prohibits agencies, officers and employees of the state from incorporating Obamacare requirements. Only federal officials could implement each of the myriad functions of the program in the state.

Davis explained that case law establishes Washington cannot force states to enforce federal laws. Administration officials, he pointed out, acknowledged that limitation when they set up a federal exchange because so many states refused to establish their own.

Get “Taking America Back,” Joseph Farah’s manifesto for sovereignty, self-reliance and moral renewal

Other provisions outlaw state exchanges, issue tax deductions for those penalized and direct the attorney general to pursue certain lawsuits.

The South Carolina Senate has a GOP majority so the plan is expected to pass and then be signed by Republican Gov. Nikki Haley, who opposes Obamacare.

Michael Maharrey, a spokesman for the Tenth Amendment Center, which advocates for states rights, told WND there’s a similar plan under development already in Oklahoma.

The center’s analysis of Madison’s writing outlines what it believes is the proper course for states.

The organization points out that “unwarrantable” literally means “unjustifiable.”

“Madison was clearly talking about federal acts with no constitutional justification. … But notice something interesting, Madison implies that state governments can even resist a ‘warrantable’ or justifiable federal act. So what does Madison suggest states do when the feds overstep their authority? Oppose it!”

The nullification idea already has been applied to issues ranging from gun regulation, driver’s license requirements and most recently, marijuana laws. The federal government folded when Colorado and Washington state made marijuana legal, despite a ban by the federal government.

The center’s model legislation for accomplishing nullification includes a rejection of the federal law, a specific act implementing the nullification and legal challenges as needed.

Read more at http://www.wnd.com/2013/12/s-carolina-aims-to-nullify-obamacare/#XWRom2YGS6t0PpBy.99
Several states have begun to take power back from ... (show quote)


According to the Supreme Court in Printz v. United States South Carolina is correct . Legally they DO have standing .

Reply
Dec 11, 2013 09:46:26   #
vernon
 
BigMike wrote:
Is it your contention, then, that we should continue to allow the usurpation of personal liberty by the Federal government? After this President gets done dressing up our military in doll clothes he may find them...uncooperative if it comes down to it. I predict that if this idea takes root there could be a hell of a lot more defiance of an overreaching Federal government. In fact some, myself included, might come to think of it as our civic duty.

Perhaps you are at an age where it doesn't make that much of a damn to you. Fair enough. I'm not far from that myself, but my daughter isn't, and I'd like for her to be a strong, independent woman, and everything this administration does is about making people feel helpless and victimized.
Is it your contention, then, that we should contin... (show quote)


:thumbup: :thumbup:

Reply
Dec 11, 2013 10:22:16   #
klsolly
 
Confused wrote:
According to the Supreme Court in Printz v. United States South Carolina is correct . Legally they DO have standing .

I hope to see more states fall in line with S. Carolina. Nullification of an unlawful act is one of the first recommended remedies by the "founding fathers" The article is quite correct in its statement that the States predated the federal government and reluctantly agreed to form a central government with very limited and enumerated powers as spelled out in the Bill of Rights or the first 10 Amendments to the Constitution not least of which is the 10th Amendment.
We currently have a Federal government out of control. Our putative president is clearly ineligible for the office he usurps. Numerous agencies formed outside the boundaries of the Constitution trample our God given rights with impunity. V***r f***d is obvious and rampant. All the while our Senators, Representative, Judges, and Generals sit quietly or are complicit in our demise. I pray that S. Carolina has the "SPINE" to stand against the Fed. and I believe they do, which will open the door for more states to follow. Then we will see Obamacare "gutted" hopefully.

Reply
 
 
Dec 11, 2013 13:53:44   #
UncleJesse Loc: Hazzard Co, GA
 
Hey, it's BigMike!
What's all the hubbub, bub?

I don't know what happened in our culture where the talk of losing liberty as if what is going on today is the same as the red coats martial law of Boston in 1763.
So where was all this talk of losing liberty a few years ago when the government allowed helpless sick and injured from being denied the right to buy a plan? You know you can't truly have liberty if the government allows those with the ability to take it away from others.

I agree, this could take root but if folks put matters in perspective compared to the least fortunate, I think it will dissolve.

BigMike wrote:
Is it your contention, then, that we should continue to allow the usurpation of personal liberty by the Federal government? After this President gets done dressing up our military in doll clothes he may find them...uncooperative if it comes down to it. I predict that if this idea takes root there could be a hell of a lot more defiance of an overreaching Federal government. In fact some, myself included, might come to think of it as our civic duty.

Perhaps you are at an age where it doesn't make that much of a damn to you. Fair enough. I'm not far from that myself, but my daughter isn't, and I'd like for her to be a strong, independent woman, and everything this administration does is about making people feel helpless and victimized.
Is it your contention, then, that we should contin... (show quote)

Reply
Dec 11, 2013 14:10:34   #
lpnmajor Loc: Arkansas
 
UncleJesse wrote:
Hey, it's BigMike!
What's all the hubbub, bub?

I don't know what happened in our culture where the talk of losing liberty as if what is going on today is the same as the red coats martial law of Boston in 1763.
So where was all this talk of losing liberty a few years ago when the government allowed helpless sick and injured from being denied the right to buy a plan? You know you can't truly have liberty if the government allows those with the ability to take it away from others.

I agree, this could take root but if folks put matters in perspective compared to the least fortunate, I think it will dissolve.
Hey, it's BigMike! br What's all the hubbub, bub? ... (show quote)


If people payed as much attention to their State Gov. as they do the Fed, a lot of these things would be taken care of where they belong. States are happy to let the Fed foot the bill for many things they should be doing themselves.

Reply
Dec 11, 2013 16:49:47   #
Confused
 
lpnmajor wrote:
If people payed as much attention to their State Gov. as they do the Fed, a lot of these things would be taken care of where they belong. States are happy to let the Fed foot the bill for many things they should be doing themselves.


Sure they could and according to the 10th amendment should . But now we have the Department of Education ( another layer of government where it doesn't belong ) between that could and should . They have now taken that all the way to Common Core mandates and holding our schools hostage with our tax dollars .
How do we get rid of these tax Carpetbaggers that have attached themselves to our kids education ?

Reply
Dec 11, 2013 16:57:59   #
permafrost Loc: Minnesota
 
[

Sounds much like what has been tried before and courts over rule it..States cannot pass a law which cancels a federal law.. But this could end up in the SC lap...
Obama44

South Carolina lawmakers have a proposal in their legislative pipeline that would nullify the federal Obamacare law.

Observers say the state likely will be the first in the nation to exempt citizens and businesses from participation in Obama’s Affordable Care Act.







Critics already have declared the bill is r****t and argue that federal law trumps state law. They charged that state lawmakers can’t opt out of the law because they don’t like President Obama.

The South Carolina bill prohibits state agencies and officers from implementing any portion of the federal mandate, outlaws state insurance exchanges and directs the state attorney general to sue over selective enforcement of the Affordable Health Care Act.

Supporters of the bill contend it aligns with a Founding Father’s solution for states confronted by an unwarranted federal law.

From James Madison come the instructions:

“Should an unwarrantable measure of the federal government be unpopular in particular states, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the union; the frowns of the executive magistracy of the state; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any state, difficulties not to be despised; would form, in a large state, very serious impediments; and where the sentiments of several adjoining states happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter.”

House Bill 3101, called the South Carolina Freedom of Health Care Protection Act, already has passed the House 65-34 and soon heads to the Senate.

The bill’s chief sponsor, state Sen. Tom Davis, said there are several components which “in my judgment are legal, effective and within the state’s power to do.”

First, it prohibits agencies, officers and employees of the state from incorporating Obamacare requirements. Only federal officials could implement each of the myriad functions of the program in the state.

Davis explained that case law establishes Washington cannot force states to enforce federal laws. Administration officials, he pointed out, acknowledged that limitation when they set up a federal exchange because so many states refused to establish their own.

Get “Taking America Back,” Joseph Farah’s manifesto for sovereignty, self-reliance and moral renewal

Other provisions outlaw state exchanges, issue tax deductions for those penalized and direct the attorney general to pursue certain lawsuits.

The South Carolina Senate has a GOP majority so the plan is expected to pass and then be signed by Republican Gov. Nikki Haley, who opposes Obamacare.

Michael Maharrey, a spokesman for the Tenth Amendment Center, which advocates for states rights, told WND there’s a similar plan under development already in Oklahoma.

The center’s analysis of Madison’s writing outlines what it believes is the proper course for states.

The organization points out that “unwarrantable” literally means “unjustifiable.”

“Madison was clearly talking about federal acts with no constitutional justification. … But notice something interesting, Madison implies that state governments can even resist a ‘warrantable’ or justifiable federal act. So what does Madison suggest states do when the feds overstep their authority? Oppose it!”

The nullification idea already has been applied to issues ranging from gun regulation, driver’s license requirements and most recently, marijuana laws. The federal government folded when Colorado and Washington state made marijuana legal, despite a ban by the federal government.

The center’s model legislation for accomplishing nullification includes a rejection of the federal law, a specific act implementing the nullification and legal challenges as needed.

Read more at http://www.wnd.com/2013/12/s-carolina-aims-to-nullify-obamacare/#XWRom2YGS6t0PpBy.99[/quote]

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