Back in December, I wrote about South Carolina Governor Nikki Haley's stand against Obamacare and accepting the expansion of Medicaid under the new legislation. She stated, "“South Carolina will NOT expand Medicaid, or participate in any health exchanges. We will not support Pres. Obama’s tax increase or job killing agenda.” So the question on South Carolinian's minds is, with a Republican dominated SC House Judiciary Committee why is H3101, the nullification of Obamacare, not getting out of the subcommittee?

The legislation was sponsored by Representative Heather Ammons Crawford (R).

The legislation cites the United States Constitution, specifically the Tenth Amendment and states,

"Whereas, the judicial decision of the United States Supreme Court upholding the constitutionality of the "Patient Protection and Affordable Care Act" directly contravenes Article I, Section 1 of the United States Constitution because, in upholding the law by re-characterizing the Act as a tax even though Congress specifically refused to identify it as a tax, the United States Supreme Court legislated new law in violation of Article I, Section 1 of the United States Constitution; and

Whereas, the assumption of power that the federal government has made by enacting the "Patient Protection and Affordable Care Act" interferes with the right of the people of the State of South Carolina to regulate health care as they see fit and makes a mockery of James Madison's assurance in Federalist #45 that the "powers delegated" to the federal government are "few and defined", while those of the states are "numerous and indefinite".

nullify-obamacare-battaile-politics-1353314267It went on to state, "The General Assembly declares that the federal law known as the "Patient Protection and Affordable Care Act", signed by President Barack Obama on March 23, 2010, is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the Founders and Ratifiers, and is invalid in this State, is not recognized by this State, is specifically rejected by this State, and is null and void and of no effect in this State."

The bill was introduced on December 11, 2012 and sponsored by Rep. Crawford on January 29, 2013. It's now been nearly a month and this bill is still buried in committee. Why?

Talbert Black at Palmetto Liberty gives us a clue. He writes:

Speaker of the House Bobby Harrell is one of the most powerful politicians in the state.

That has been well established in the past, but remember, he single handedly appoints every member of the House to their committees.

He has a reputation for ruling the House with an iron fist.

He has shown in the past that anyone who crosses him will be removed from key committee assignments.

He has great control over South Carolina’s $23 billion budget.

He appoints five of the ten members of the Judicial Merit Selection Committee . . . that’s the screening board for South Carolina judges.

One of those five appointments is his brother . . . an apparently violation of South Carolina law and the subject of an investigation.

He has many appointments to the Executive branch’s boards and commissions.

And now, he is under investigation for using his office for personal political gain . . . much of official compliant revolves around his pharmaceutical company . . . a company which could stand to profit handsomely under the right conditions.

There has been a constant trickle of allegations against Harrell over the last many months. The ethics complaint filed by the South Carolina Policy Council is simply the latest.

Talbert is quick to point out that Harrell may well be innocent and since our society is one that presumes innocence until proven guilty (unless it's a big media story) then he leaves that judgment up to the courts and jury.

However, he does point out that the Speaker did call for the resignation of Mark Sanford on mere allegations because they had become "constant distractions."

Numerous calls to House Speaker Robert Harrell (R) have not been returned, even though we said he could email a response or have his liaison contact us.

Americans, this is important to you, not just South Carolina. Working at the State level under the Tenth Amendment is how you can nullify the unconstitutional and unlawful laws coming out of Washington. For those in South Carolina, contact your representatives and urge that this get pushed onto the House floor and passed into law and demand answers from your elected officials as to why they have not done so yet.

Contact your representatives here.

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