A bill that would nullify the Patient Protection and Affordable Care Act in South Carolina through noncompliance passed a 3rd and final reading in the state house today. The Republican controlled House approved H3101 by a 65-39 vote along partisan lines.  The bill reads, in part:

(3) It is the stated policy of the South Carolina general assembly that provisions of the Patient Protection and Affordable Care Act of 2010 grossly exceed the powers delegated to the federal government in the Constitution.
(4) The provisions of the Patient Protection and Affordable Care Act of 2010 which exceed the limited powers granted to Congress pursuant to the Constitution, cannot and should not be considered the supreme law of the land.
(5,) The General Assembly of South Carolina has the absolute and sovereign authority to interpose and refuse to enforce the provisions of the Patient Protection and Affordable Care Act of 2010 that exceed the authority of the Congress. (emphasis added)

The bill also prohibits state cooperation with implementation of the unconstitutional federal act within the state.

(A) No agency of the State, officer or employee of this State, acting on behalf of the state, may engage in an activity that aids any agency in the enforcement of those provisions of the Patient Protection and Affordable Care Act of 2010 and any subsequent federal act that amends the Patient Protection and Affordable Care Act of 2010 that exceed the authority of the United States Constitution.
(B) The General Assembly…is empowered to take all necessary actions to ensure that the provisions of subsection (A) of this code section are adhered to by all agencies, departments and political subdivisions of the State.

Passage of H3101 into law would require the state to refuse the creation of an exchange, medicaid expansion, would empower them to strip licenses from insurance companies that accept monies from the Feds on Obamacare and much more.  This covers a big portion of the steps needed to fully nullify Obamacare.  No such bill – nothing even close – has been passed into law by any state in modern American history AFTER the Supreme Court gave their opinion on the constitutionality of a federal act.

In Federalist #46, James Madison himself endorsed this method as the blueprint for states resisting unconstitutional federal acts.

Should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps refusal to cooperate with officers of the Union, the frowns of the executive magistracy of the State; the embarrassment created by legislative devices, which would often be added on such occasions, would oppose, in any State, very serious impediments; and were the sentiments of several adjoining States happen to be in Union, would present obstructions which the federal government would hardly be willing to encounter. (emphasis added)

Grassroots activism played a big role in the passage of H3101.  According to JBS South Carolina coordinator Jesse Graston, there was so much pressure that the House Speaker “delayed lunch”  to make sure the bill was brought up for a vote today.  Those who follow the activities of legislators on a regular basis understand that missing or delaying break time is not something that politicians often do.  H3101 was the last bill to be voted on before the deadline for sending legislation to the State Senate.

H3101 will now move on to the State Senate for concurrence.  Passage into law would create a solid beachhead from which to launch additional efforts to completely block Obamacare in South Carolina.


1. Contact your state Senator.  The time is now to start calling your state senator to support HB3101.  Politely encourage him or her to co-sponsor the bill so it has a greater chance of moving through the process quickly.

Contact info here:

2. Call State Senator Larry Martin, the Chairman of the Judiciary committee.  It’s almost certain that H3101 will end up in his committee.  POLITELY call him and encourage him to take H3101 right out of committee and send it straight to the floor for a vote. Thank him for taking a similar stand in 2007 when he lead the effort in South Carolina to pass legislation to refuse compliance with the REAL ID act of 2005.

Columbia Phone (803) 212-6610
Home Phone (864) 878-6105
Business Phone (864) 306-2126

3. Join the Nullify Obamacare Group for South Carolina on Facebook.  Get involved, let others know what kind of responses you get, plan strategy and more.  http://www.facebook.com/groups/nullifyobamacaresouthcarolina/

Model Legislation

If you are not a South Carolina resident, please go the Tenth Amendment Center’s Model Legislation page HERE. Nullify Obamacare in 4 steps!

The 10th Amendment

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