Resolution H.4181

Federal Health Care Nullification Act


An Act to render null and void certain unconstitutional laws enacted by the Congress of the United States, taking control over the health insurance industry and mandating that individuals purchase health insurance under threat of penalty.

SECTION 1. The legislature of the State of South Carolina finds that:

1. The People of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more.

2. The Tenth Amendment to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves.

3. The assumption of power that the federal government has made by enacting the %u201CPatient Protection and Affordable Care Act%u201D 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%u2019s assurance in Federalist #45 that the %u201Cpowers delegated%u201D to the Federal Government are %u201Cfew and defined%u201D, while those of the States are %u201Cnumerous and indefinite.%u201D

SECTION 2. NEW LAW

A new section of law to be codified in the South Carolina Statutes as Section [NUMBER] of Title [NUMBER], unless there is created a duplication in numbering, reads as follows:

A. The Legislature of the State of South Carolina declares that the federal law known as the %u201CPatient Protection and Affordable Care Act,%u201D 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 hereby declared to be invalid in this state, shall not be recognized by this state, is specifically rejected by this state, and shall be considered null and void and of no effect in this state.

B. It shall be the duty of the legislature of this State to adopt and enact any and all measures as may be necessary to prevent the enforcement of the %u201CPatient Protection and Affordable Care Act%u201D within the limits of this State.

C. Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding five thousand dollars ($5,000.00), or a term of imprisonment not exceeding five (5) years, or both.

D. Any public officer or employee of the State of South Carolina that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding two (2) years or by a fine not exceeding One Thousand Dollars ($1,000.00) or both such fine and imprisonment.

E. Any aggrieved party shall also have a private action against any person violating the provisions of subsections (C) or (D).

SECTION 3. Communication to the Several States

1. The Governor of the State of South Carolina is hereby authorized and requested to communicate this Resolution to the governors of the several States, to assure them of South Carolina%u2019s peaceful intentions to enforce the provisions of the Tenth Amendment to the United States Constitution.

2. To clearly affirm this State%u2019s intentions to protect the union by upholding the provisions of limited government within the United States Constitution, and through protecting the rights of this State and its citizens.

3. This state will not surrender its current form of government to live under one deriving its powers from its own will, and not that which has been delegated to it by the several states within the United States Constitution.

4. Finally, it is the desire of the State of South Carolina, and its citizens, to unite with other states opposed to the illegal usurpation of power and to request the United States Congress and the President that the %u201CPatient Protection and Affordable Care Act%u201D be repealed with all expediency.

SECTION 4. This act takes effect upon approval by the Governor.

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