Rep. Bill Chumley’s bill H3101 is aimed at protecting South Carolina from the Federal govt. overreach of Obamacare. A few folks have been leery of using the word “nullification” but without cause. We noted here the other day in a post submitted by Ryan Colburn, that other states and Pres. Obama have used nullification as a tool for protecting their State’s Rights and interests:
• Colorado and Washington State have legalized Marijuana with state statutes in direct conflict with Federal Law. Pres. Obama said on Dec. 14th he would not push for enforcement with the Dept. of Justice.
• California and New York oppose Immigration Law by facilitating Sanctuary cities.
• Pres. Obama himself has “Nullified” federal laws by not enforcing or following:
o The Defense of Marriage Act
o Immigration and Deportation Laws
o The Welfare Reform Act (granting state waivers)
This article by Michael Boldin at The Tenth Amendment Center shows how truly anemic the Federal Govt is when states assert their sovereignty. Stand right up to any SC legislator who tries to get out of protecting our state against Obamacare by telling you nullification is “unconstitutional” … we know better and won’t fall for that lame excuse again. Heard it too many times from our weak, inept legislators.
Another Real ID “deadline” from the Department of Homeland Security has been looming over states like a black cloud. The deadline for everyone to comply with the federal act? January 15, 2013. And “this time,” the DHS was serious about it.
The end result, though, is the same as it has been the last few times. As they’ve done every other time, the deadline has been “postponed” because states refused to comply.
The feds huff and puff, and threaten and warn. But DHS isn’t much more than a little doggie with a big bark. State nullification has bite.
In 2005, George Bush and the republicans gave us the REAL ID Act, a blatantly unconstitutional national ID card program. It was set to be implemented in on May 11, 2008. The law stated that “a federal agency may not accept, for any official purpose, a driver’s license or identification card issued by a State … unless the State is meeting the requirements of this section.” That meant that in 2008, states were going to have to issue REAL ID-compliant, national-ID drivers licenses.
But, lo and behold, a number of states passed laws and resolutions rejecting the federal act. New Hampshire, Maine, Utah and others – all made it clear they opposed it. By 2009, half the states in the country would say “NO” to REAL ID.
And Montana became the first state in modern times to pass a bill that expressly nullified a federal act. It passed both houses unanimously and was signed by Democratic Governor Brian Schweitzer.
Read the rest of the article at the link above for more details, it’s very encouraging!