An EPIC 10th Amendment showdown is quickly boiling as South Carolina government is fast-tracking legislation that blocks Obamacare at the state level.
Daily Caller has the specifics.
“It will essentially have five components to it, all of which in my judgment are legal, effective, and within the state’s power to do,” Davis, a Republican from Beaufort, said in an interview.The bill’s main component prohibits agencies, officers and employees of the state of South Carolina from implementing any provisions of the Affordable Care Act, leaving implementation of the national health-care law entirely in the hands of a federal government that lacks the resources or personnel to carry out the programs it mandates.This provision, according to Davis, comes from the anti-commandeering doctrine established in case law that says feds can’t compel states to enforce federal laws.“What the Supreme Court said in Printz v. United States is that states are not merely political subdivisions of the federal government to carry out what the federal government does; they are sovereign entities,” Davis said. “Congress can pass laws, but it cannot compel the states to utilize either their treasury or personnel to implement those federal laws.”Additional provisions of H3101 further neuter the Affordable Care Act by outlawing state exchanges, issuing tax deductions to individuals equal to the tax penalties levied by the federal government, and directing the state attorney general to sue over whimsical enforcement of the law. Taken together, the provisions effectively repeal the federal law for the people of South Carolina.
The bill completely guts Obamacare in South Carolina. The bill has already passed the house and is headed for fast-passage in the Republican controlled Senate.
It will be interesting to see how the federal government responds. And it’s encouraging to see there are states who still represent the will of the people.
- See more at: http://www.libertynews.com/2013/12/breaking-south-carolina-declares-war-on-obamacare-will-vote-to-ban-state-involvement-in-implementation/#sthash.dzBR32Wl.9h6uDKdu.dpuf
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