If South Carolina were a closed bubble, then Senator Larry Martin’s protestations that “We’re bound by the ‘law of the land’ until Congress changes it. South Carolina can no more nullify this federally imposed tax than we can any other tax that is levied by Congress and constitutionally upheld by the Supreme Court” … may be taken more seriously. Of course Martin fails to address any of the crushing blows to personal liberty outlined here.
This is not merely a tax bill, Senator.
If the voices of our misguided (intentionally obtuse?) legislators were the only voices we hear, we may be fooling into thinking they have a point. But are we to believe that legislators in Oklahoma, Montana, Missouri, Kentucky, Colorado, Wyoming, Texas, Utah, South Dakota, Ohio, and Indiana who are also trying to block the enforcement of Obamacare in their states are wrong?
Are we to believe that the only legislators among the 50 states who have a clear view of what is and is not unconstitutional are our own elite SC legislators?
hmmphphfff. These are the same legislators who cried “Unconstitutional!” when we passed roll call voting. Whether state or federal, a constitution is a constitution, and they swore to protect it.
On Monday February 4, 2013, Patrick Anderson [Senator, District 19] will have the First Reading of SB 93. This Bill is a direct frontal assault to the Patient Protection and Affordable Care Act, as well as the Health Care and Education Reconciliation Act of 2010.
The real beauty of SB 93 is its’ simplicity. It does not dance around the edges of ‘exchanges‘, ‘reimbursement’s‘, ‘well little Johnny did it first’, or other grammar school arguments you so often hear by supposed pundits of either side. Enactment of SB 93 would set up a desperately needed, and illuminating showdown with the Supreme Court of the United States. With all due respect to Frazier v Ali and Michael Jackson, SB93 could well be the ‘Real Thriller‘.
Senator Anderson received his J.D. from the University of Oklahoma, School of Law; one can only lament the fact that Chief Justice Roberts did not attend the same school.
South Carolina has an opportunity to lead. But if we will not, if there is not the will in Columbia to do Whatever it Takes to protect our state’s citizens against Obamacare, it seems other states will.
From Oklahoma’s bill:
“1. The people of the several states comprising the United States of America created the federal government…”
“2. The Tenth Amendment to the United States Constitution defines the total scope of federal powers……”
“3. The assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” (Public Law 111-148, March 23, 2010) and “Health Care and Education Reconciliation Act of 2010″ (Public Law 111-152, March 30, 2010) is nowhere expressly granted by the United States Constitution and interferes with the right of the people of the State of Oklahoma to regulate health care as they see fit.”
“2A. The Legislature of the State of Oklahoma declares that the federal laws known as the “Patient Protection and affordable Care Act” (Public Law 111-148) and the “Health Care and Education Reconciliation Act of 2010″ (Public Law 111-152), signed by President Barack Obama on March 23 and 30, 2010, are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the founders and ratifiers, and are hereby declared to be invalid in the State of Oklahoma, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.”