South Carolina’s got an Obamacare nullification bill that’s about to be voted on in the State Senate next month. It passed the State House easily, and it’s expected to be signed by the state’s Governor Nikki Haley, assuming it passes the State Senate.
The bill would forbid state employees from participating in federally mandated insurance exchanges, and reimburse individuals in the form of a state tax deduction for any federal tax penalties they incur for not buying health insurance.
The bill, which easily passed South Carolina’s House of Representatives in April on a 65-34 vote, would “render null and void certain unconstitutional laws enacted by the Congress of the United States taking control over the health insurance industry and mandating that individuals purchase health insurance under threat of penalty.”
The bill would also “prohibit certain individuals from enforcing or attempting to enforce such unconstitutional laws, and to establish criminal penalties and civil liability for violating this article.”
It also instructs the state attorney general to “bring an action” if there is “reasonable cause to believe that a person or business is being harmed by implementation of the Patient Protection and Affordable Care Act.”
State senators are also considering adding additional provisions that would outlaw Medicaid expansion and suspend the state licenses of any insurers who receive Obamacare subsidies.
Liberals of course would claim that these sorts of laws are stupid, dumb and unconstitutional, because they attempt to override what the feds have already declared to be the law. What the feds decide by fiat is the “law of the land,” they’d tell us. “Don’t these racist tea partiers know anything about the ‘supremacy clause?’”
The so-called “supremacy clause” is taken from Article VI of the Constitution. It reads:
“This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.” [Emphasis mine]
The key phrase is “…which shall be made in pursuance thereof…” Made in pursuance of what? The Constitution. So what if a law is not made in pursuance of the Constitution, regardless of what judges have opined? Then, the law should be considered null and void.
Any federal law restricting or regulating healthcare or insurance is unconstitutional, because the Constitution does not grant the feds any such authority. If the federal government is enacting laws and creating agencies in direct opposition to what the Constitution says, they’re the ones in violation. They’re the ones that are unconstitutional.
Since the Constitution doesn’t grant these authorities to the feds, the states are sovereign.
I’m hoping South Carolina is successful in nullifying the feds’ power grab over its citizens and that more states will soon follow.