On Tuesday, the South Carolina Senate became the 2nd legislative body in the country to approve a resolution affirming State Sovereignty. The resolution, S424, was originally introduced in the 2009 session, but was brought back for additional debate once the new session began last week.

While I personally support the passage of such resolutions, I do find the amended S424, as passed, to be a lot more rhetoric than substance.

Rather than a simply-worded document outlining the principles of delegated and retained powers that the 10th stands for, it spends a lot of time doing what I feel is grandstanding in opposition to federal health care mandates. If the South Carolina wants to pass a law protecting free choice in health care, they should take a look at resolutions and bills around the country doing just that (including 2 in the S.C. House)

If this was really a non-partisan issue, South Carolina should have passed this resolution when the Bush administration was expanding government run health care more than anyone in decades.

On the other hand, there is some very good language in the resolution too.  For example:

Whereas, the federal government has spent trillions of dollars of borrowed money to run deficits, to bail out financial institutions, to prop-up auto makers, and to keep afloat other private enterprises that were mismanaged, took unnecessary risks, or were unresponsive to market demands, thus amassing a debt that will loom over and burden our country for generations to come

While I’m excited and supportive of passing 10th Amendment Resolutions, I feel that the language of S424 is far too partisan to have any long-term effect.

CLICK HERE to view the Tenth Amendment Center’s 10th amendment resolution tracking page

CLICK HERE to view the Tenth Amendment Center’s model 10th Amendment Resolution, which you can send to your representatives when urging them to introduce one in your state.

Michael Boldin

The 10th Amendment

“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.”



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