ASSUMING ANYONE PUTS FORWARD AN ACTUAL NULLIFICATION BILL …
Honestly? We’re getting somewhat weary of all the fire that’s being breathed into South Carolina on the issue of nullification …
We don’t necessarily dislike the concept (hell, we’ve entertained much more radical ideas), but as we’ve noted on several occasions – most recently HERE and HERE – “Obamacare nullification” is nothing but a scam.
How come? Well as we’ve exclusively reported no bill before the S.C. General Assembly would actually nullify Obamacare … in fact, the only issue up for debate at this point is whether the state should assert its right to nullify in a non-binding preamble of a totally meaningless piece of legislation.
The debate is one big nothingburger, in other words … with good reason.
According to a paper released this month by The Federalist Society – a libertarian-leaning conservative think tank based in Washington, D.C. – South Carolina is bound by the controversial 2012 Supreme Court ruling on Obamacare’s individual mandate.
“In NFIB v. Sebelius, the Supreme Court upheld (Obamacare’s) individual mandate against the claim that it exceeded Congress’s authority,” the paper states. “As a party to the case, the State of South Carolina is bound by that judgment. House Bill 3101 cannot ‘nullify’ the judgment of the Supreme Court upholding the individual mandate.”
“The ongoing debate over ‘nullification’ raises important questions concerning the authority of a state to interpret the U.S. Constitution,” the Federalist Society’s paper adds. “The debate also raises important questions about what constitutes nullification and what does not. This paper concludes that a state cannot enact a law to nullify that part of a federal statute which has been upheld by the U.S. Supreme Court in a case to which the state was a party. In that circumstance, the state is bound by the court’s judgment and cannot pass a law contrary to the judgment, whether or not the law is labeled ‘nullification.'”
Exactly … which is why the version of the bill that passed the S.C. House (and currently sits on the calendar in the State Senate) doesn’t propose nullification. Or anything even remotely resembling it. Or anything even in the vicinity of the ballpark of anything remotely resembling it.
What does it propose? Permitting S.C. Attorney General Alan Wilson to “bring an action in the name of the State” on behalf of any individual or business who believes they have been adversely impacted by Obamacare.
In other words, rather than declaring Obamacare “null and void” within its borders and imposing penalties on those who would enforce it, South Carolina is subjecting its citizens to the mercy of the federal court system … which in case anybody forgot has already ruled on the law.
Did we agree with that ruling? Hell no.
We opposed Obamacare when it was first unveiled, we opposed it when it was being shoved down the throat of a Democratic-controlled U.S. Congress (by hook and crook) and we have repeatedly pushed to have the law repealed at the federal level. More recently, we were among the few “conservative” outlets to emphatically argue against providing funding for Obamacare – even if doing so meant partially shutting down the federal government in perpetuity.
We have also methodically called out those “Republicans” who caved on the Obamacare funding issue (including U.S. Sen. Lindsey Graham) … as well as those who are hypocrites on the issue of Medicaid expansion (including S.C. Gov. Nikki Haley).
Recently S.C. Sen. Tom Davis (R-Beaufort) put forward another option to address Obamacare – which he dubs “anti-commandeering.”
As much as we respect Davis and his unimpeachable fiscal record as a member of the State Senate, we’re frankly done with all of this nonsense …
South Carolina’s Senate has real work to do. For starters, it needs to pass Davis’ universal parental choice bill and his colleague Katrina Shealy’s income tax elimination bill … not to mention a budget bill that shaves billions of dollars off of the Palmetto State’s bloated, corrupt, dysfunctional government.
South Carolina cannot afford to waste any additional time on a pointless intellectual exercise that – as we’ve pointed out previously – is more about special interests staying relevant (and raising money) than any practical application.
The original version of H. 3101 – the bill at the heart of this debate – would have actually nullified Obamacare. Its language was clear and unambiguous – and there were stiff penalties prescribed for those attempting to enforce the law.
If South Carolina really wants a nullification debate, then its legislature should pass that bill … because this current debate is doing nothing but a waste of everyone’s time.
72 comments
Send in the clown…
Surprise, surprise, surprise. SC does NOT have the authority to overrule Federal law. No matter how much they think they should be able too. SC needs to stop being STUPID.
Agreed.
But South Carolina is stuck on STUPID – that is why we are a blazing red state.
Stuck? They’re stripping the knob pushing it to 11!
Iffin’ we seceded could we still get all that FEDERAL money?
We,after all, a “taker’ state!
ALL of the states receive more back in federal monies than they “give.” What we get back would be far more valuable if it never went “up there” in the first place.
The worst “taker” is, of course, Washington, DC at 4 to 1 last I checked.
This arguments looks good, but it assumes that the spending power of the monies paid by the dollar and the monies received by the dollar are the same. This is mathematically impossible and it doesnt even touch the topic of foreign spending…
That’s nonsense. It would be impossible for all states to get back more than they put in. SC gets way more from the Federal Government than SC taxpayers pay in, and no if the kept it at home it would be no where near as much as we have now. Most of the rich states, primarily in the Northeast and West Cost pay in more than they get. They subsidize mainly red states.
It’s only impossible if the monies collected from 50 states and DC had to equal the same amount when they went back out. They dont.
Using $51.00 (50 states + DC) as the baseline and adding up what each state/DC receives, the total comes to $64.04. (2005 numbers are what I used when I did this a few years ago)
That is a significant difference that results in inflation/devaluation of the currency.
Keeping in mind that this only tells us what domestic spending is, the ratio to received to spent is nowhere close to the the real ratio.
This is a serious issue and I do not think it unreasonable to want to use the 50 lifeboats at our disposal in an attempt to save ourselves from the watery grave to which this Titanic is surely headed.
Going back over my notes, you are correct to note that some states get back less, but that should be an argument against allowing an unequal distribution of federal monies, not an argument that SC should stay put and take more than it pays in. It benefits few and hurts many.
[Of course, there are a lot of military installations in the so-called red states and that should be taken into consideration. I’m not sure how to do this, but maybe you do.]
This is the source I used a couple of years back– I can only assume that the ratio is far more out of whack than it was in 2005:
http://taxfoundation.org/article/federal-spending-received-dollar-taxes-paid-state-2005
As you can see, this is more than ideological.
[crickets chirping]
WRONG!
You gave us Obamacare…DUMB@$$$!!!!!!!!…..nuff said….
Then have your filthy, anti-American deity send in the US Armed forces and MAKE US…You ignorant @$$hole..
I have a feeling if he turned on the American people, he’s be alone, except for the Dumb@$$, @$$-backwards fools like you…who sit on your @$$ and wait for a government check…
Remember: this country was won kicking the $#!* out of deadbeats…it can be won again…
Yes, The South kicked the shit out of the deadbeats and raised that white flag of surrender. You dumb ass F**k.
Good point. Those who lost were democrat slaveholders, like much of the democrat party is today, slave-masters over the ignorant..
In 1861, you duped and convinced some in the masses to fight and suffer for you in the small minority to sustain your luxurious and aristocratic lifestyle…owning slaves…
History repeating itself in 2014….
Bless your heart. The Democratic party is not the same one that you are referring to. Those dems formed the Republican party during the push for voter rights. But, skew you do and skew you must. Bless your heart.
Remember: this country was won kicking the $#!* out of deadbeats…
Yeah, those Native American deadbeats got what was coming to them! And those Japanese we put in internment camps! And the blacks we enslaved!
Wait, what?
The US Gov’t freed blacks, you ignorant anti-American @$$hole..
The democrats put the Japanese in camps and the “Native” Americans laid claim to land they did not use, and killed a lot of travelers for passing through it.
That said: after we dispel your lies and myths, a country that is being run by liberals would be like Communist Russia, where 50-million or more were killed. Or maybe you like killing Jews more…like the Japanese aided Hitler in doing…you facist peiece of $#!*…
Whatever the case, the arguments you make are for murderers and people w/ bad intentions, who were saved and civilized by Conservative and (actual) progressive ideology…
Everything left up to you is @$$-backward…(see rural South Carolina, Obamacare, Nazi Germany and the USSR)….
Sadly, we’ve had to bomb Dumb@$$#$ like you into doing the fair and right thing..and each time you hope it’s the last….but I’ll be D@*ned if we have not let you fester to infected again…
Man, those old history books from middle school cooked your noggin, Boss!
Good numbers.
Mine 9-11-51
What specifically, do you dispute???…Or are you like most liberals…you cannot dispute it, you just run your F*#king mouth. pretending you have a clue????
Your distortions of Native American relations, the Dixiecrats became what’s now the GOP, anyway, you are not the party of Lincoln so STFU already…Blab, blah, blah…
Wars start over unjust people imposing their will on the honest. You refuse to accept what is right. You want extra rights, and when you lose, you violate the Constitution.
We have had to FORCE the law on pieces if $#!* like you…
Historically: You’re full of $#!*…Lincoln was a Republican. Deal with it..
The Dixiecrats were racists for white…and when you realized you’d lose all power, you became Racists for blacks..and you are that today. You don’t give a $#!* about equal rights. You want special rights for special interests…
Strom figured out being fair to ALL Americans was the best policy, so he became a Republican. And that is your basis for calling Dixiecrats Republicans…Remember, Strom had blacks as blood relatives, unlike your slave-holding @$$, and he took very good care of his daughter and her black mother.
And American Indians were BRUTAL in what they did to Americans. They attacked, and eventually got the $#!* kicked out of them. Now you are whining because you picked a fight and lost. Just like liberals do today…
Again: You are much like the fools we’ve had to STFU w/ force….Freedom is not easy…and we may have to show you what right is…the hard way…like we had to show Hitler and your ancestors, the slave-owners…..
Mitt, Bush, Reagan, and the rest bear no resemblance to the liberal ideas of Lincoln.
Right, and of course neither did California after the 1996 SCOTUS decision Gonzales vs. Raich that ruled that Medical Marijuana legalization by the state was “unconstitutional” and now what? 26 states have joined the effort with 2 outright legalizing it.
Sooooo yes indeed states CAN AND DO NULLIFY FEDERAL LAW!
The states do not have to comply with Federal Law and without the printing press the Federal Government has ZERO recourse.
Once the dollar is destroyed it will be up to the states again. Thank God the 10th Amendment (which is still in print) is rising on this and many other issues ACROSS THE POLITICAL SPECTRUM.
To name a few:
-Gay marriage was legalized by multiple states despite DOMA = Nullification
-Sanctuary Cities refusing to comply with Federal Immigration Law = Nulliification
-About 25 States refusing to implement the National/Real ID Act = Nullification
-States refusing to comply with Federal Gun Law = Nullification
See, liberals have been Nullifying and now that the conservatives are getting their groove,they don’t like it.
Enjoy the ride!
It all is decided by the SCOTUS. Enjoy the ride indeed.
“Surprise, surprise, surprise”
I can’t think of anything more fitting than seeing you quote Gomer Pyle:
http://www.youtube.com/watch?v=k5VZjT0JE70
Obama has ignored the law and the Constitution again and again…and FITS lustfully jumps down on his knees to suck-off Obama w/ every usurpation of power…
But FITS declares er’body else telling Obama to Cram it…and it’s a scam….
I’d say MAKE ME…that’s what Obama is doing and getting away with it…
I d@*n sure ain’t going to take some lame liberal @$$-kisser, like FITS, word for it….
In other words FITS… Suck it @$$hole…and F*#k your lord-god Obama…
HA! I’ve said it before and I’ll say it again … I love you, man.
I would claim him as one of my sock puppets, but I’m better at characterizing crazy people than whoever his handler is.
Check!
The goes the Tango with more dick sucking comments. Freud would be fascinated.
It’s his journalism roots – he’s itching to make use of his education.
I’m sure it was a hard education.
Edit above: The= There
but I’m sure you figured that out anyway
“GT”
Your request is granted:
I hereby MAKE you a TURD!!!!!
Shazaam!
Did I spell that write?
Only people who really give a rat’s ass about this shit are the rightwing nut Tea Partiers and they don’t live in the real world anyway.
Go to any Tea party site and you will see the same shit about this subject over and over and over and over…………..
I thought it was a big mistake myself but as someone who visited the Greenville VA clinic a few times in the 70’s (back when i was on the GI Bill and was broke as hell), I can’t truthfully say government issued health care is the devil’s tool.
Worked for me back then and I plan on using TriCare when I retire from civilian work so there!!!!!
Plan on using WHAT???…You still don’t get it, do you???
If Tri-Care, or Bi-Care… ain’t Obamacare, your stupid-liberal @$$ will STFU…and do what Der Feuer Obama tells you to do…
When you voted for Obama, you gave him the right to screw you over, along w/ the rest of us. And your Dumb@$$ will pay for what he tells you to pay for too…or go to jail, you Dumb@$$, liberal idiot…
What the hell are you talking about??
I NEVER voted for Obama!!!
I guess those 25 years I spent in the Army & Air Force and EARNED the right to use TriCare makes me (and all other veterans or retired military) some kind of government teat sucking lackard – right?????
In his mind, if HE can’t have it, neither can you.
How convenient…now you want to limit healthcare to those who EARN it..One thing about you Dumb@$$ liberals…you’ve got nerver. No matter how stupid your premise is…you present it…
Obama owns the healthcare system now. Unless the people over-run this fool and his media, and take it back, you’ll do what he tells you to do, no matter what you’ve been told you’ve earned.
And it’ll cost more, and be even worse that the VA is now.
I never had any trouble when I went to the VA or with my GI Bill.
The VA has been the sole health care provider for my brother fo about 20 years and he has no problems whatsoever.
In my case, All I ever did is properly fill out the forms and present a ragged copy of my DD214 and smooth sailing after that.
I qualified for the post-911 GI Bill (of all things due to 3 tours in Iraq/Afghanistan as a Reservist) at the tender age of 57 and transferred the benefits to my daughter and it sailed through without a hitch and that was at the very start of the program.
You better run the VA’s PR Dept. You are a rare commodity.
I know well many veterans w/ much, much more significant service records than anything you could come close to…and they despise VA hospitals…
Even the media runs expose after expose about the low qualify of the VA when there is a Republican president.
I’m sure Obama would be glad to use you, and your very rare praise, to promote Gov’t healthcare for all..and with the level of F*#k up from Obamacare, they desperately need the one fool in America that will jump to his knees and suck them off….
PS: That line about “If you like your healthcare, you can keep it” was a lie…Dumb@$$….but I guess you’ll find that out, soon enough…
Honestly? Most people I know are bored to tears talking about Obamacare, and especially tired of hearing about it in the news all the damn time, especially when there are other issues going on that get drowned out because of some stupid shit some Senator said or whatnot.
If there are problems, fix them, but Jesus, get over this Ted Cruz-style “repeal every last word of it,” “nullify everything” nonsense people.
We have not yet begun to TALK…You miserable @$$hole…This is not going anywhere for a Long Long time (until repeal)…..You WILL answer for your Lies, Revenge and punishment of the American people…count on it…
I’m not miserable, Obamacare is still here. My coverage is better and my healthcare is still affordable. :)
I won’t contest the asshole bit, though. Carry on.
By the end of January more than 4 million people had signed up through the exchanges for a total of 10 + million having insurance made possible by Obamacare. Yes, take it away from those 10 million and just see what happens.
Protect us from germs and illness – as well as Iraqis who can’t hit the broad side of a barn with a round rock.
Yep,
the South Vietnamese Army of 1974 would whip the Iraqi Army of today by a long shot!!!!
Not to mention the Japanese or the Russians. Now THOSE were some *tough* enemies!
Yep
The tenth amendment reads “The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively,
or to the people”
Where in the constitution is the right to force an individual mandate on the people delegated to the Federal Government?
The fact that the US Supreme court says something is so does not make it so. That is why there is such a give and take over supreme court judges. Both sides know a nomination does not depend on a good jurist, but whose jersey is worn.
I think the individual mandate is unconstitutional and the SCOTUS made a purely political ruling. But they are the arbiters of the Constitution and what they say does indeed make it so. There is really no way to change this reality except through a Constitutional amendment or through a revolution.
The only thing that should be nullified is the scandalous, unfunded, unsustainable, poorly managed, and tax revenue blood sucking South Carolina Retirement System’s. Yes, that is plural as there are at least four seperate systems.
Obamacare is a four year old US Supreme Court proofed tax hike mandate disguised as healthcare. All Blue Cross Blue Shield of South Carolina plans must be rewritten to include these federal mandates:
a) outpatient care
b) rehabilitative and habilitative services and devices
c) emergency room visits
d) hospitalization
e) lab tests
f) maternity and newborn care
g) preventative services and chronic disease care
h) prescription drugs
i) mental health and substance abuse treatment
j) pediatric services including vision and dental coverage.
What this will mean is all BCBS of SC premiums will increase even more than what they have increased already. Deductibles should increase to allow BCBS to stay a viable health insurer. So is the SC Taxpayer on the hook to pay 80% of these increased plans the SCRS offers as an incentive to work for above average wage scales? Yes…which means revenues must be increased which means taxes must go up or core government functions and/or employees must be cut. Guess which will happen first. Tax increases!
And there is more. Every rewritten plan in the SCRS’s BCBS health plans must include a contraceptive mandate to the list of preventable services. So now, my tax dollars is going to support and fund contraception in SC? Yes. There will be changes made in the SCRS and you can thank Democrats. Not one Republican voted for it.
If the South Carolina pension were audited as thoroughly as a union retirement plan is, the state retirees would be in a much better position.
Fucking Teaturds will never learn and neither will the idiots that keep voting for them
Your guy Stuffed Obamacare down our throats…and you’re bashing the Tea Party????…Are you an ignorant, F*#king brain-dead idiot, or what????….
Never mind, you don’t have to answer that…
No, a majority of the voting public voted to keep in the guy who signed Obamacare. It was hardly “stuffed down your throats.” America voted to keep the guy in office. Get over it. You lost.
That was before Obama was caught LYING (you can keep your plan, if you like it, and it will cost less)….Look at his approval numbers now that his lies have manifested….
Also: I will never accept it as a loss. It’s what Nullification is all about. And if we can get the US Senate in 2014 (looks likely) and a more Conservative Congress we can slap the $#!* out of Obama for his last 2 years…to the Standing Ovation of the people…
The corrupt can NEVER win in a free and just nation…and you will be put asunder, where criminals and lairs belong…count on that..@$$hole….
“The corrupt can NEVER win in a free and just nation”
Exactly, and they didn’t.
We will beat you, idiot…We always do…
Umnn, no you don’t.
Have fun trying. :)
I’ve always been fascinated with “nullification”. Don’t all state laws legalizing reefer essentially nullify federal law? Does that mean it is ok to legalize something federal law prohibits, as long as Obummer and that scumbag AG Holder say it is ok with them? What a crock of bull droppings. Some constitutional scholar, other than Hussein Obama, please explain.
“South Carolina is bound by the controversial 2012 Supreme Court ruling…”
Really?!?!? The Federalist Society decided to side with the Federales? Of course they did! They are nationalist (a la Hamilton, Lincoln, and every president after that)! A libertarian nationalist is, of course, a jumbo shrimp.
In the case of “Obamacare,” it should have come as no surprise that the federal Supreme Court upheld a federal law proposed by the federal executive (the office that nominates folks for this “supreme” office) and passed by the federal legislature (those guys and gals that confirm one to be in the Supremes).
If the Supreme Court says that the Supreme Court is supreme and everyone goes along with it, then obviously nullification is a moot point.
Here’s the the meat of this position: If the Supreme Court says Obamacare is constitutional, then Obamacare is constitutional.
That’s the circular logic that people have come to believe. You could not convince any sane person (i.e., one who is not drunk on Amerikan Exceptionalism) that this position is legit, yet here we are.
[Aside: If I were king for a day, I’d trash all case law from top to bottom. The same thing, of course, goes for all Federales– the Supremes being 1/3 of that criminal cabal.]
I don’t why any of you still pretend that there is an America that is even remotely linked to that form of government freely adopted by the sovereign states in the 1780s. Why pretend. Why evoke the so-called Constitution which has been a dead leader for over a century and a half? Why not just say that our masters know best?
Without real limits on the national government–a creation of the compact called the US Constitution–such as nullification, interposition, or good old fashion government by the consent of the governed, then you can best your sweet ass that they fill soon find .
The SC legislature was never serious about nullification or they would have stopped taking federal money. In fact, they would have stopped the money from going there in the first place. There is no such thing as something for nothing– so dont tell me about how SC gets more back than they put in– EVERY STATE DOES! (You do the math and tell me how we ALL come out better.)
At this point, the people of SC (and all the people residing on this continent pretending to be a country, i.e., the united States) will do nothing but scrape and bow while the yoke is fastened unpin their necks because our betters in Washington, especially the Supreme Court, says it’s perfectly constitutional to shag us bloody rotten.
“I don’t why any of you still pretend that there is an America that is even remotely linked to that form of government freely adopted by the sovereign states in the 1780s”
You mean the document that said only rich white men could vote ? The same document that allowed some people to own other people? The same document that made women a second class of citizen with no rights to participate in government and no property rights. The same document that said excluding 2/3 of the population from participation in government was sufficient representation by the consent of the governed? That document? Yes I would say we are quite a way from there, Thank God.
And you can tell the Teapublicans in a vernacular they can understand, “We ain’t going back!!”
That is the exact document to which I refer.
I am confused as to what you believe to be the rule of law. (Or
who?) If it is not that document– which includes amendments dealing with the
issues you raise in a lawful manner–then what is the law?
You lack of decorum and string of ad hominem statements to
counter the position laid out in my post makes me think you are mostly just
angry. Probably angry that you are white, or that I am white, or that whiteness
exists at all. If I though the word “racist” had any meaning, I might describe
your rant above in that manner…
So for clarity: Are you arguing for or against the unlimited
power of the federal government? What exactly are you saying?
Could we borrow Putin for a little bit and give him a list?
Here are the standard responses:
1) The Northern States were using Nullification to block the
Federal Fugitive Slave Act, is the author saying we should not block such laws
as those that required Northern states to return slaves to the Southern owners?
Do a search “The SC Declaration of Secession”
Link here>> http://www.civil-war.net/pages/southcarolina_declaration.asp
2) Did the author mention that Progressive Democrats were
Nullifying the Federal Defense of Marriage Act by legalizing gay marriage prior
to the US Supreme Court ruling in 2013?
3) Did the author mention that Progressive Democrats have led
the way on Nullification of Federal Marijuana Law starting in California in 1996?
4) Did the author mention that Progressive Democrats ignored
a US Supreme Court Decision in Gonzales vs. Raich over the legalization of
Medical Marijuana that has led to 21 states legalizing it along with 2 states
for recreational purposes?
5) Did the author mention that Progressive Democrats have
Nullified Federal Immigration Law through “Sanctuary Cities”?
6) Did the author mention that Progressive Democrats have
led the way on Nullification of The Real ID Act passed in 2005, effectively
stopping it in it’s tracks? This was also worked on by conservatives too.
7) Did the author mention that BOTH Progressive Democrats
and Conservatives came together in California
recently to Nullify the Indefinite Detention language in the NDAA of 2012?
Somebody please runover Lee Bright with a dam pickup truck. What an asshat!
Obamacare is here to stay. You must calculate your expected fine if you don’t have insurance. April 1st is near! You my be shocked at the amount you will owe the IRS. It isn’t likely to be $95 as the media will have you believe. Get your fine amount here:
http://obamacareFEE.com
The sovereign states have no authority to interpret the Constitution? If my history is correct, the states WROTE the Constitution, in the process creating a largely subordinate agent with very limited powers. They did not intend for the Supreme Court to interpret the Constitution and legislate from the bench (ignore the Constitutional “scholars” and read the Constitutional debates).
Now that we have met or are close to meeting the requirements of an Article 5 Constitutional Convention, I think that the states should be considering the new process that THEY can use to interpret and limit challenges to the Constitution as one of the amendments
We live in interesting, and potentially very turbulent times.