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Dear Governor Haley

Sign the Freedom of Health Care Protection Act

Dear Governor Haley,

I am writing today about the Freedom of Health Care Protection Act recently passed by the SC House and your possible reluctance, per the Investors’ Business Daily article I’m referencing, to sign the bill should it reach your desk.

As a graduate of the University of South Carolina from both the undergraduate and graduate schools and as someone whose parents still reside in SC I have a strong interest in your course of action.
I am also vehemently, adamantly, and strongly opposed to Obamacare and believe that the Supreme Court was absolutely wrong in allowing it to stand last year.

I write fairly regularly on RedState.com under the name DerKrieger and my diaries focus almost exclusively on federalism and reestablishing the constitutional balance of power between the federal government and the states. I have read your posts there and hope you will find time to read mine.

I have been hoping, praying, and nearly begging for just one GOP governor to stand up against the federal government and reassert state sovereignty. I believe that one brave governor can inspire others and that if enough governors demand that the federal government cease and desist all unconstitutional acts, it will have no choice. Only the states, in my humble opinion, are in a position to put the chains of the constitution back on the federal government but without a leader, those chains will remain unshackled. As Jefferson said, “In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.”

One of your stated objections to the bill, per IBD, is that you believe it will be a distraction and largely symbolic. That could not be further from the historical truth.

As you are well aware the federal government is a creation of the states and when the Constitution was ratified the states ceded only their powers enumerated in Article 1, Section 8 of our Constitution. They, and We the People, retained all others as explicitly stated in the 9th and 10th Amendments. The states did not give up the right to determine the constitutionality of federal legislation. Only our cultural deference to the law has prevented states from challenging the belief that only the Supreme Court has the final say, even though that right is only asserted and is nowhere explicitly stated.

With regard to the symbolism of the bill consider the following quotes from James Madison, Thomas Jefferson, and John Marshall:

“With the respect to the words ‘general welfare’, I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.” – James Madison, 1831

“The federal government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it….is now universally admitted” – Chief Justice John Marshall, 1819

The powers of the federal government are enumerated; it can only operate in certain cases; it has legislative powers on defined and limited objects, beyond which it cannot extend its jurisdiction.” – Thomas Jefferson, 1788

And with special regard to the ACA, aka Obamacare, “They are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider… {Otherwise}, would render all the preceding and subsequent enumerations of power completely useless. It would reduce the whole instrument to a single phrase, that of instituting a Congress with power do to whatever would be for the good of the United States; and, as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please…Certainly no such universal power was meant to be given them. It was intended to lace them up straitly within the enumerated powers and those without which, as means, these powers could not be carried into effect.” – Thomas Jefferson, 1791

In other words the federal government may not collect taxes for whatever purpose it decides it wants to spend money but may collect taxes only for the purpose of spending on its enumerated responsibilities such as defense. This is where Chief Justice Roberts was wrong when he used twisted logic to allow Obamacare to survive. Social Security is equally unconstitutional but is another matter.

Jefferson said in 1817 – “Our tenet ever was…that Congress had not unlimited powers to provide for the general welfare, but were restrained to those specifically enumerated, and that, as it was never meant that they should provide for that welfare but by the exercise of the enumerated powers, so it could not have been meant they should raise money for purposes which the enumeration did not place under their action; consequently, that the specification of powers is a limitation of the purposes for which they may raise money.”

Congress has no constitutional authority, i.e. no such power is enumerated in Article I, Section 8, to implement the ACA, aka Obamacare, and thus cannot raise taxes to pay for it. Therefore the law is unconstitutional and the state of South Carolina is well within its rights to reject it in its entirety.

If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions.” – James Madison, 1792

Governor, I hope you are the one who can and will stand up against the tyranny growing on the Potomac and be the inspiration for other GOP governors. I believe that if enough Red states, working together, refuse to follow unconstitutional legislation and demand that the federal government be reduced in size, scope, and scale to that which is necessary to execute their constitutional duties that we can defeat Leviathan and usher in a new era of American liberty.

Respectfully,

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