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South Carolina voting on bill to end Obamacare in state

POSTED BY: JONGSSTRAW
UPDATED: Tuesday, December 10, 2013 13:35
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Tuesday, December 10, 2013 11:45 AM

JONGSSTRAW


Quote:

A bill set for fast-track passage in the South Carolina Senate in January aims to eliminate Obamacare in the state. The law could become a model for other states fed up with the federal health-care law.

House Bill 3101, titled the “South Carolina Freedom of Health Care Protection Act,” passed the state House of Representatives last April by a 65-34 vote. The bill now heads to the GOP-controlled Senate with special-order priority, setting up the likelihood that South Carolina will become the first state to exempt citizens and businesses from all participation in the Affordable Care Act.

State Sen. Tom Davis, the bill’s sponsor who recently wrapped up study committee hearings for H3101 in Columbia, Charleston and other cities, says that the proposed legislation renders the Affordable Care Act void or inoperable through a handful of provisions.

“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.”


http://dailycaller.com/2013/12/09/south-carolina-voting-on-bill-to-end
-obamacare-in-state
/

Interesting approach, but it's gets hairy when Medicare, Medicaid, and the IRS are unavoidably involved.

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Tuesday, December 10, 2013 12:05 PM

BYTEMITE


Quote:

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.


They, uh, actually probably can. Not that I agree with fed control over states, but the fourteenth amendment allows various parts of the federal government to enforce federal laws over states. The amendment was created to force Southern states to comply with equal protection laws after the Civil War, but now has a much broader reach than that.

http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States
_Constitution


It's also why people in states that have legalized marijuana still have to be careful what they say to prevent the DEA from swooping down on them. Local laws might allow them to possess it, but federal law has a very negative view on people growing it.



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Tuesday, December 10, 2013 1:35 PM

REAVERFAN



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