The latest on H3101, S92, and S115

Jesse Graston does a great job detailing what’s what on these three bills, so he’s our Guest Blogger today!


On March 20th the SC House constitutional laws sub-committee passed our bill to nullify Obamacare out of committee with a favorable report! This was nothing less than historic, as over 300 onlookers packed into the main conference room as well as a packed overflow room, attempting to not only listen to the testimonies of Walter E. William and Kent Masterson Brown, but to see a majority on the committee vote for our bill.

To the surprise of many at the hearing, there was an amendment proposed to H.3101 that was approved by Representative Bill Chumley. The amendment which did pass, to some, seemed as though it’s purpose was to remove the “teeth”, by striking the portion of H.3101 that would mandate arresting federal and state agents for enforcing Obamacare. If any of you have heard me give speeches about our nullification bill, no doubt you have heard me say we must “Keep the teeth in the bill.” So it may surprise you that I was, and am in support of this amendment, but let me explain why.

The week prior to our hearing, Oklahoma’s bill to Nullify Obamacare passed their House floor by a large margin. Their bill in its original form, was almost identical to H.3101’s original language. The version that passed the floor vote was the amended version to remove the specific penalties. Bill Chumley had 3 long talks with Representative Ritz(a veteran John Bircher), about the strategy they used. Along with taking council from Ritz, we also have been communicating with Michael Boldin, the Founder of The Tenth Amendment Center, which has been a driving force in the State’s Rights movement for the past 7 years.

They and others agreed, that to truly nullify an unconstitutional federal act, there are three different components that are needed. A) You need to declare in law, that the federal legislation is unconstitutional, and null and void, or of no effect in the State. B) You need to declare and acknowledge the State’s sovereign right, and authority to prevent the Federal gov. from enforcing it’s legislation, and lastly (C) you define what specific mechanism and or tactic you desire to use in blocking or interposing against the federal legislation. H.3101 as well as the Oklahoma bill as originally written, possessed all three of these components. As the bills were amended, they removed the third component, C, but did not remove A or B. This is important.

The amendment does not strip away the authority for SC to do whatever it takes to prevent or block Obamacare. The only difference, is that we declined to define up front, exactly what mechanism we choose to use in preventing it’s enforcement. But we still have the authority and duty to define those after we pass this first bill. Michael Boldin, who eats, breathes, and sleeps nullification, believes that just having A and B in one single bill is HUGE, and often times takes more than one bill to accomplish just that. He also said that having all three components in one bill virtually never passes, and has actually killed 3 different State’s nullification bill’s, and subsequently the entire State’s nullification movements by not taking it step by step.

The Socialist have been so successful throughout history simply because they are willing to do things incrementally. Step by Step, over time, they whittle away at our Republic. I believe the strategy employed by Oklahoma and Bill Chumley was the right choice to push the football down the field. Had H.3101 gone un-amended to the committee and failed, it would have caused a fatal blow to our movement here. No need for a “Hail Marry” play at this point in time, when we could and did score a major touchdown. It’s not the game winner, but it’s a massive and important first step on the way to victory. I hope that this explanation clears up any confusion as to why this bill was amended.

Some rightly so, are weary of not having the teeth upfront, as they think the legislators will never grow them in the future. I believe we already pushed the legislators further than many could have imagined, and believe as long as we stay engaged in the fight we can carry it all the way. All that to say, despite a huge victory March 20th, we’ve still got a lot of work to do! Click on this link from the Tenth Amendment Center for the action alert to call all members of the full House Judiciary committee that will be voting on our bill next, before it can go to the House floor for a vote.

Also, let me mention that our Senate bill S.92 to nullify the NDAA passed the Senate! This is huge, and will now be kicked over to the House. Please contact your House member and tell them to vote to nullify indefinite detention in the NDAA.

S.115 Lee Bright’s Constitutional Carry Bill, also passed out of it’s sub-committee in the Senate, and will now go to a full committee vote. Please call all members of the Senate Judiciary Committee and tell them to defend our God give right to bear arms, protected by the 2nd amendment, by passing S.115. Judiciary members here:

On another note, I hired a professional film crew to document all that took place at the sub-committee hearing for Obamacare Nullification, and they filmed a sit down interview I gave to Walter Williams and Kent Masterson Brown after the hearing. We are editing and packaging it now, and will send it everywhere, but especially the other State Legislatures. It should be a powerful tool in our arsenal of truth. I will make it available as soon as it’s complete. Thanks again for remaining faithful to stay involved in the issues that really matter, and for your continued prayers in regards to this epic undertaking.

April 1, 2013  Tags: , ,   Posted in: Uncategorized

One Response

  1. Proud South Carolinian - April 1, 2013

    Plan on taking three steps, get two!!
    This is one of the most positive signs I’ve seen from conservatives in a long time!! The liberal/progressive tactics being used by conservatives, I Love it!! The progressives have been moving forward with their agenda for decades with little steps. Republicans and conservatives have been backing up a little step at a time…but not anymore. Great blog and explanation by Jesse. Good leadership changing the direction, proactive support escalates the pace.

Leave a Reply