South Carolina may soon join the ranks of states struggling to reclaim their constitutional sovereignty stolen from them by the federal government.
On December 11, South Carolina State Representative William Chumley pre-filed a bill in the South Carolina General Assembly that would prevent the enforcement of ObamaCare within the borders of the Palmetto State.
Using language that would prohibit state officials from participating in the implementation of state healthcare exchanges or from enforcing the individual mandate that are key elements of ObamaCare, Chumley’s measure — the South Carolina Freedom of Health Care Protection Act — requires state lawmakers to “prevent the enforcement of the “Patient Protection and Affordable Care Act” [ObamaCare] within the limits of this state.”
South Carolina, a state with a long history of resisting federal despotism, joins three other states currently considering bills nullifying ObamaCare. The state legislatures of Maine, New Jersey, and Oklahoma have also had bills introduced aimed at stopping ObamaCare at the state border.
Simply stated, nullification is a concept of constitutional law that recognizes the right of each state to nullify, or invalidate, any federal measure that exceeds the few and defined powers allowed the federal government as enumerated in the Constitution. Nullification is founded on the assertion that the sovereign states formed the union, and as creators of the compact, they hold ultimate authority as to the limits of the power of the central government to enact laws that are applicable to the states and the citizens thereof.
In the wake of the Supreme Court’s ObamaCare decision, state legislators and governors are boldly asserting their right to restrain the federal government, and are accordingly considering bills that will stop ObamaCare’s multitude of mandates at the state border.
As quoted in a story published by the Tenth Amendment Center, Chumley said he will offer this bill (H 3101) “because of federal over-reach” and because following the Constitution “is the right thing to do.”
Chumley references both the creation and the construction of the Constitution in the text of his billnullifying ObamaCare:
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Photo of South Carolina State House in Columbia, S.C.: AP Images