South Carolina One Step Closer to Nullifying ObamaCare

By:  Joe Wolverton, II, J.D.
South Carolina One Step Closer to Nullifying ObamaCare

After passing out of a subcommittee, South Carolina State Representative Bill Chumley's ObamaCare nullification bill is one step closer to enactment.

South Carolina is one step closer to nullifying ObamaCare within the borders of the Palmetto State.

The Constitutional Law Subcommittee of the House Judiciary Committee passed H3101, the Freedom of Health Care Protection Act. Within days the bill will be heard by the full Judiciary Committee of the state House of Representatives.

In an exclusive interview with The New American, the bill’s chief sponsor, State Representative William M. “Bill” Chumley, discussed his bill and its legislative future. “We’re real happy with the vote,” Chumley said. “We are confident that the full committee will pass it.”

This is a significant victory for citizens of South Carolina specifically and for the right of states to oppose unconstitutional acts of the federal government generally.

Chumley’s bill furthers this cause in its preamble. The bill’s purpose is to:

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; To Prohibit Certain Individuals From Enforcing Or Attempting To Enforce Such Unconstitutional Laws; And To Establish Criminal Penalties And Civil Liability For Violating This Article.

South Carolina, a state with a long history of resisting federal despotism, joins a handful of other states currently considering bills nullifying ObamaCare. State legislators in Maine, New Jersey, and Oklahoma have also had bills introduced aimed at nullifying ObamaCare.

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, it is encouraging to see state legislators boldly asserting their right to restrain the federal government through application of the very powerful and very constitutional principle of nullification.

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Photo of Columbia, South Carolina

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