NDAA Nullification Bill to be Introduced in South Carolina

Will South Carolina defend the Fifth Amendment and Due Process..through the Tenth Amendment?

Yes, if State Senator Tom Davis has his way. An update on his public Facebook page yesterday announced that he’s working on just that:

Spent today drafting the NDAA Nullification Act that I will prefile in the SC Senate next month.

Indefinite Detention of people by federal authorities has been ‘authorized’ by the 2012 National Defense Authorization Act (NDAA), signed by Barack Obama at the end of 2011. Indefinite detention is a clear violation of habeas corpus, as protected in Article 1, and due process, as protected in the Fifth and Fourteenth Amendments to the Constitution. Under the Tenth Amendment, each state has the right, the responsibility, and the duty to protect its resident from federal overreach.

NDAA Nullification legislation has already passed into law in the State of Virginia, where Bob Marshall’s HB1160 garnered massive bipartisan support from the grassroots. More than 16 local communities have passed similar resolutions and ordinances as well. In Texas, NDAA Nullification under HB149 was introduced this month. And sources close to the Tenth Amendment Center tell us to expect at least 10 states considering the same in 2013.

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Open Letter to the States to Stand Against Obamacare

Dear State Legislator and Governor,

Much of the population rightfully regards the Affordable Healthcare Act as extending far beyond the enumerated powers of the federal government.  It is undeniable that there is no power enumerated nor delegated to the federal government to compel a citizen to purchase health insurance under threat of penalty of law.  For the central government to claim such power denies the very nature of our Republic and makes the Constitutional restraints enacted by our founders null and void.

Some claim that it must be submitted to as “the law of the land” since SCOTUS made its declaration from on high.  This admits that we are not a Republic of sovereign States but a monarchy.  The Supremacy Clause declares the Constitution to be Supreme, not the federal government.  If the decision of the judiciary be raised above the authority of the sovereign parties to the Constitution… dangerous powers, not delegated, may not only be usurped and executed by the other departments, but that the judicial department, also….” -James Madison,Virginia Assembly Report of 1800

The founding documents and the men who wrote them make it unequivocally clear that the States have the final word on whether their creation, the federal government, has trespassed its clearly defined boundaries.  AND IT HAS.   Our States are “United” in a compact, the Constitution. 

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Is Louisiana Planning to Nullify Obamacare?

Louisiana Governor, Bobby Jindal, had some negative words to say about building a health insurance exchange in his state.  In a November 16, 2012 letter to Department of Health and Human Services Secretary, Kathleen Sebelius, Gov. Jindal made it very clear that he disagrees with the Patient Protection and Affordable Care Act.

Since the PPACA was signed into law, the State of Louisiana has repeatedly stated that the law has severe legal problems, is bad policy, and is unworkable. Those beliefs remain unchanged. With the Supreme Court’s decision in National Federation of Independent Business v. Sebelius, the Court agreed with the State of Louisiana that at least one of the over 450 provisions of the PPACA is unconstitutional and the provision requiring all individuals to have insurance coverage can only be upheld as a tax. Even after the Supreme Court’s decision, there remain many questions about the legality of the PPACA involving issues fundamental to all Americans, including religious freedom and unjust taxation.

What is most interesting here is that Governor Jindal is taking the position that the State of Louisiana has independently reviewed the constitutionality of the federal act. Is this a tip of the hat to the Principles of 98?

The letter also argues that while the Supreme Court has ruled certain provisions of the PPACA constitutional, there are still certain provisions the court did not rule on, and are currently being challenged.  These include:

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Is Rejecting Obamacare a Nullification Stepping Stone?

Now that we are approaching a majority of states opposing state health care exchanges, is the fact that the states have rights starting to catch on? Would success of striking down ”Obamacare” encourage states to take further action against all unconstitutional acts made by the federal government?

With states passing and/or amending their own state constitutions with such things as, health care freedom acts, firearm freedom acts, changing laws on marijuana use both medical and recreational, the thought of states completely governing themselves where the federal government doesn’t have the enumerated powers stated in the constitution is growing! But why is this such a “new idea?” This is exactly what our founding fathers intended for this country. They expressed this in their writings, the declaration of independence, the articles of confederation and the constitution would have never been ratified without the bill of rights.

What people are starting to realize is that there is no such thing as a sovereign government at any level and that people are in fact the only sovereigns. That the state is just a middle man between the people and the federal government. That the states entered into a “contract” with the federal government but also have the option to leave from the “contract” at any point if the people feel it’s necessary. Also that everyone in government is elected by and works for the people and they are supposed to represent them regardless if those representatives agree with the people or not.

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