Tag Archives: tom davis

Democratic senator mocks Constitution then misspells Constitution in official Amd.

COLUMBIA, March 19, 2014– The South Carolina Senate chamber is in the middle of a fierce debate with regards to H3101. The legislation is intended to invoke anti-commandeering principle to stop many elements of Obamacare from within the state. After mocking the Tenth Amendment to the US Constitution, Senator Bradley Hutto (D-Orangeburg) could not correctly spell government or Constitution in an amendment he offered to the bill, which was an attempt to embarrass Republicans. It backfired.

If the bill passes the Senate, state officials and agencies will be prohibited from assisting in the implementation of Obamacare. Furthermore, no state funds would be allowed towards the implementation of the federal healthcare law. South Carolina would be the first state to have such a strong bill pass both chambers.

Hutto called this practice “completely unconstitutional”. He then extensively continued to mock the Tenth Amendment of the US Constitution.

Hutto’s claim proves that not only is the legislator incapable of spelling basic political vernacular, but he also clearly lacks a basic understanding of US Supreme Court case law.

Contrary to Hutto’s claims, four separate US Supreme Court cases have upheld this practice over 180 years. In fact, National Federation of Independent Business v. Sebelius itself allows for states to use this very practice. 

Hutto attempted to paint the South Carolina Republican caucus as neo-Confederates and wanted to force them into saying that they were “nullifying” Obamacare in South Carolina. By doing this, Hutto hoped to paint republican legislators in a negative light by associating them with slavery, racism and secession.

The truth of the matter is, as it sits, H3101 is not a nullification bill. It is a bill that utilizes anti-commandeering doctrine to stop many elements of Obamacare in South Carolina. It does not completely nullify Obamcare in any way. It simply requires that the federal government pay for all implementation.

He offered an amendment, which read, “Whereas, the intent of this legislation is to nullify actions of the governemtn [sic] of the United States that conflict it with the Constiution [sic] of this State.” 


From inside the South Carolina State Senate chamber: Senator Hutto (D) misspells Constitution and government.
From inside the South Carolina State Senate chamber: Senator Hutto (D) misspells Constitution and government.

Hutto wouldn’t vote on his own amendment and it failed.

Democrats then attempted to adjourn so that they could go to a barbecue. Senator Tom Davis (R-Beaufort), H3101’s Senate sponsor, refused multiple times to yield the floor and allow Democrats to leave. “I will not yield, I will not take questions. We will not be trapped on this! Democrats don’t want to vote, and they must vote.” said Davis.

Live updates on the debate can be seen here.

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South Carolina legislators vote to override federal hemp ban

COLUMBIA, March 14, 2014– On Thursday afternoon the South Carolina senate sent a bill over to the state house which would authorize the growing and production of industrial hemp within the state, effectively nullifying the unconstitutional federal ban on the same.

Introduced by Sen. Kevin Bryant along with cosponsors Sen. Lee Bright(R) (challenging US Senator Lindsey Graham) and Sen. Tom Davis(R), S.0839 passed by a 42-0 unanimous vote this week.

The bill reads, in part, “It is lawful for an individual to cultivate, produce, or otherwise grow industrial hemp in this State to be used for any lawful purpose, including, but not limited to, the manufacture of industrial hemp products, and scientific, agricultural, or other research related to other lawful applications for industrial hemp.”

Experts suggest that the U.S. market for hemp is around $500 million per year. They count as many as 25,000 uses for industrial hemp, including food, cosmetics, plastics and bio-fuel. The U.S. is currently the world’s #1 importer of hemp fiber for various products, with China and Canada acting as the top two exporters in the world.

This month, President Barack Obama signed a new farm bill into law, which included a provision allowing a handful of states to begin limited research programs growing hemp. The new “hemp amendment”

…allows State Agriculture Departments, colleges and universities to grow hemp, defined as the non-drug oilseed and fiber varieties of Cannabis, for academic or agricultural research purposes, but it applies only to states where industrial hemp farming is already legal under state law.

Three states – Colorado, Oregon and Vermont – have already passed similar measures. Farmers in SE Colorado started harvesting the plant in 2013, effectively nullifying federal restrictions on such agricultural activities.

S.0839 now moves on to the state house where it will first be assigned to a committee for consideration before the full house has an opportunity to send the bill to Gov. Haley’s desk for a signature.

Follow Michael Lotfi on Facebook and on Twitter.

Chamber Of Commerce Has Officially Declared War On SC Taxpayers


Last week the South Carolina Chamber of Commerce rushed to condemn Beaufort Republican Sen. Tom Davis’ amendment that seeks to stop Obamacare in South Carolina.

“Please oppose the potential compromise amendment drafted by Sen. Tom Davis as well as the full nullification bill. It negatively impacts the business community and will hinder economic development,” the South Carolina Chamber of Commerce email read.

The controversial email sparked many reactions from state senators and business owners.

State senator Shane Martin (R), sent this message out via Facebook:

“The State Chamber of Commerce now supports Obamacare! H.3101 is the bill to stop Obamacare in SC. This is terrible as they are supposed to represent those same businesses that are being harmed by Obamacare! Call the State Chamber and tell them how you feel.”

Otis Rawl, CEO South Carolina Chamber of Commerce, reportedly made the unilateral decision to condemn H3101 and Davis’ amendment without the boards’ approval.

Business leaders are disappointed because the Chamber did not stay neutral on this important bill. Grassroots activists say that the Chamber’s email is misguided because the statements are based off of old language of H3101, not the new language of the Davis amendment.

Case in point:  H3101 is not a nullification bill, rather it uses an anti-commandeering mechanism that is perfectly legal and Constitutional.

Anti-commandeering approach has a long running precedent of being upheld as constitutional by the Supreme Court, most recently in the Printz vs. United States case.

Fox news contributor and legal analysis Judge Andrew Napolitano said that South Carolina has the Constitutional right to pass H3101 and believes it could be model legislation for other states.

Obamacare is the largest tax on the American people which begs the question: why is the Chamber siding with big business and corporate lobbyists instead of the small businesses they claim to represent?

This is not the first time the Chamber of Commerce has made controversial decisions though. Last year they announced they would spend over $50 Million to fight Tea Party candidates who seek to limit government and fight for lower taxes. They also came out to support controversial common core standards.

It’s one thing to stay neutral on an issue like Obamacare, it’s another thing to declare war on the State Republican Party who is trying to block the use of South Carolina taxes to pay for the implementation of Obamacare.

South Carolina citizens and business owners are urged to call Otis Rawl at the SC State Chamber Office and tell him to stop supporting Obamacare in South Carolinians.


South Carolina Chamber of Commerce
1301 Gervais Street
Suite 1100
Columbia, SC 29201


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(VIDEO) Judge Napolitano on SC’s Anti Obamacare Bill: “If enough states do this, it will gut Obamacare”

Judge Andrew Napolitano said South Carolina has the Constitutional right to pass a bill that would essentially nullify or eliminate Obamacare. The bill, entitled “South Carolina Freedom of Health Care Protection Act,” was voted on and passed by a 65-34 vote in the state House of Representatives last April. Now, it moves on to the Republican-controlled state Senate that will be fast-tracked and could quickly be signed into law by South Carolina Governor Nikki Haley.

Here is what Napolitano had to say about the proposed legislation:

“Basically, what South Carolina is doing is instructing employees of the state of South Carolina to not to participate in facilitating the law and to prohibit the expenditure of public funds on the law,” said Napolitano.

“If the President wants Obamacare in South Carolina, the feds will have to pay for it, and the feds will have to establish it.”

He cited that the original version of Obamacare required the states to establish and pay for their own exchanges. The Supreme Court said that the federal government does not have that authority to “commandeer” or force a state to spend money, he explained.

“So, South Carolina can do this.”

If South Carolina successfully does this, he said Republican-lead states will follow.

“If enough states do this, it will gut Obamacare,” he added.