Utter Contempt Absolute Subjection
Harry Kibler was one of many, many people at the hearing re: H3101 Wednesday. Below is his take from his RINO Hunt page:
Utter contempt would be an appropriate description of the way citizens were treated today by the members of the South Carolina House Sub-committee on Constitutional Laws. As the public hearing on House bill 3101 began the chamber was filled to capacity by citizens in support of the legislation aimed at blocking the implementation of the Patient Protection and Affordable Care Act.
The first speaker to testify was Thomas P. Crocker, a professor from South Carolina School of Law. Once he finished listing his degrees and legal pedigree, he warmed up the Sub-committee members with numerous studies of Supreme Court case law rulings and an inventive description of the Supremacy Clause of the U.S. Constitution. The Sub-Committee appeared to be captivated by the professorâ€™s intellectual prowess. The members of the committee were so impressed with the testimony that they asked Professor Crocker numerous questions which lead to even more case law studies and the affirmation of the domination by the federal government and the absolute submission by the State.
Once Professor Crockerâ€™s testimony was completed and questions from the committee were answered, the uneducated and simple citizens were called to testify before the committee. The first speaker in favor of H-3101 was Dr. Donald Livingston, a professor of philosophy at Emory University. Mr. Livingston received his doctorate at Washington University in 1965, which may have been before Professor Crocker was born. Dr. Livingston also received numerous questions from the committee. Representative James Smith seemed fixated on Dr. Livingstonâ€™s association with the Abbeville Institute; and the controversial teachings of the importance of private property, place, piety, humility, manners, classical liberal studies, rhetoric, and the importance of a human scale to political order. Once Dr. Livingston was exposed as a racist for his belief in private property and manners, his testimony concluded.
Dr. Thomas Kendall, a General Physician in South Carolina and the President Elect of the Association of American Physicians and Surgeons also testified before the committee on the impact the Patient Protection and Affordable Care Act is already having on medical doctors. During Dr. Kendalâ€™s testimony he discussed how a doctor has been convicted of the crime of miss-coding an insurance claim and is now serving time in jail for the violation of federal law. Dr. Kendall also shared his concern over the demise of the doctor â€“ patient relationship and gave an example of a Chief Heart Surgeon in the audience that had recently resigned his position with a large hospital in South Carolina because of increased regulation. However, the questions Dr. Kendall received from the committee seemed focused on his integrity by asking him how the PPA is affecting his income. By questioning Dr. Kendallâ€™s motive in supporting H-3101 it appeared the committee thought the doctor was more concerned about the financial impact to his practice than he was about the patientâ€™s wellbeing. This line of questioning was absurd considering various hospital and medical associations gave nearly $250,000.00 to South Carolina House members last year and treated them to lunch yesterday before a hearing dealing with the financial impact of Mediacaid expansion.
As other citizens testified before the committee it became obvious the committee members were simply going through the motions of conducting a public hearing. The level of contempt for citizen participation in the legislative process was sickening. Several committee members stated they must uphold their oath of office to defend the constitution but fell short of understanding that upholding their oath of office is exactly what we are asking them to do.
After nearly three hours of testimony the Chairman closed the hearing in order to allow committee members to reach the House floor in time for the session to begin. The Chairman stated that many people that had signed up to speak did not have an opportunity to do so and he would schedule another hearing to receive additional testimony. Hopefully citizens will be treated with less hostility and greater respect during future committee meetings.
The Supremacy Clause does not state that all laws created by congress are the supreme law of the United Sates. The Supremacy Clause states that all laws created in pursuance to the constitution will be the supreme law of the United States. Therefore, if an act is created outside of the pursuance of the constitution, it has no authority because it is not in pursuance to the constitution. This is the heart of H-3101; the PPA is outside the authority of the powers granted by the States to Congress. Therefore, the PPA is unconstitutional and unenforceable in South Carolina.
The Patient Protection and Affordable Care Act was sold to the American people by making the case that our healthcare system was broken when in fact, our healthcare system is the best in the world. Affordability of healthcare is the problem.
Over the last 20 years, our State Legislature has protected health insurance companies by monopolizing health insurance in South Carolina and eliminating competition. They have also protected the attorneys in South Carolina by refusing to consider serious tort reform thereby allowing attorneys to file frivolous lawsuits which drive up the cost of healthcare. They also failed to adequately deal with the issue of illegal immigration in our state thereby protecting the hospitality and other industries that benefit from lower wage positions; all the while knowing those here illegally seek medical care at the point of greatest expense, the hospitals. Each of these entities have powerful lobbyist that not only pressure legislators they also give money to legislators through various associations.
So we now have the Patient Protection and Affordable Care Act which will destroy our economy, jobs and personal freedom. Our legislators have surrendered our last hope of protection by erroneously quoting the Supremacy Clause of the U.S. Constitution when in fact they could turn to the Tenth Amendment for the power to protect. They have protected insurance companies, attorneys and special interest groups as well as those here illegally. But they are telling us they cannot protect the citizens of South Carolina because our state is constitutionally bound to be in absolute subjection to the federal government. Come on peopleâ€¦we know better than that. When legislators listen to lobbyist more than citizens and receive thousands of dollars from Political Action Committees and Associations; citizens lose every time.
In a state where legislators have painted the Obama administration as the boogie man, it appears most legislators are afraid to pull off the covers protecting them and face their fear. Or, maybe they fear the lobbyist more than they fear the Obama Administration.
Founder â€“ RINO Hunt