On a Thursday night Republican Governors Association conference call with conservative activists, moderated by Erick Erickson of RedState, Gov. Tim Pawlenty broached the possibility of “asserting the 10th Amendment” to keep Minnesota from fully participating in a health care plan passed by Congress and signed by President Obama. The 10th Amendment reads:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The question from the caller: “I want to know if any of the governors are willing to invoke the 10th Amendment if the health care bill is passed.” Pawlenty’s answer, below the fold:
Thank you for the question. It’s a great question. I don’t think the nation’s had a proper federalism debate since Ronald Reagan raised the issue regularly in the 1980s. And by federalism of course we mean the proper relationship between the federal government and the states, trained as a cornerstone around the 10th Amendment. I believe that amendment has been discounted to the point of making me very sad.
Depending on what the federal government comes out with here, asserting the 10th Amendment might be viable option, but we don’t know the details. As one of the other callers said, we can’t really even get the president to outline what he does or doesn’t support in any detail. So we’ll have to see. I’d say that’s a possibility.
You’re starting to see more governors, including me, and specifically Gov. Perry from Texas, and most Republican governors express concern around these issues and get more aggressive about asserting and bringing up the 10th Amendment. So I think we could see hopefully a resurgence of those claims and maybe even lawsuits if need be.
More Pawlenty on Obama here. Andy Barr has more on the call.













17 Comments »
Comment posted September 11, 2009 @ 1:33 am
Hey seniors, Tim Pawlenty wants to take away your Medicare….
I guess Timmy missed Article 1 Section 8 of the constitution which states: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States
Comment posted September 11, 2009 @ 7:37 am
Obama slashes Medicare in 2010 for Heart, Cancer Docs — Media Silent
http://www.bloomberg.com/apps/news?pid=20601070&sid=apv3pcTOWVjk
These specialty cuts are above and beyond the 2010 across the board 21% cuts in Medicare Physician reimbursement :
http://www.ama-assn.org/amednews/2009/03/02/gvl10302.htm
Comment posted September 11, 2009 @ 7:39 am
DHS recently classified a broad group of state’s rights conservatives as ‘Right Wing Extremists’. We are now entering dangerous times.
Since mainstream journalists are usually incapable of asking intelligent questions, here’s one they can use if/when the producers of this document are ever interviewed.
Your document labels “those that are mainly antigovernment, rejecting federal authority in favor of state or local authority” as Right Wing Extremists.
Would you also consider the following statement to be extreme? “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ” (10th Amendment)
Everybody line up for Two Minutes Hate!
Comment posted September 11, 2009 @ 7:42 am
I guess someone ought to also tell Turbotax Tim Geithner about that “Power To lay and collect Taxes” thing along with a certain Hamline professor…
silly peasants…taxes are for little people.
Comment posted September 11, 2009 @ 7:46 am
Hey Rakkasan1:
Please stick with one username, per our comment policy.
http://minnesotaindependent.com/policies
Thanks.
Comment posted September 11, 2009 @ 9:06 am
The governments right to lay and collect taxes is one thing….but forcing people to buy something, and then fining them if they dont, is whole different ballgame. Smells unconstitutional to me and we should not go down this road no matter what. You say that government makes us buy other things in life? Not True. We have a choice in all other purchases. There is no other item that we are forced to buy or get fined! Car insurance you say? Take a bus.
Comment posted September 11, 2009 @ 9:17 am
I have wondered what the governors were waiting for. This is obviously a big power grab for the feds to take over a power that states now have which is more serious even than 10th amendment. Because each state already has regulation, there is no need for federal. Two states have even passed laws that Obamacare will not be valid there, Texas and Arizona.
Comment posted September 11, 2009 @ 10:59 am
I find it interesting how States Rights are only invoked by the Right when it reinforces their position. Wasn’t it just a week or so ago that Bachmann was saying we should “erase state lines” and allow people to buy insurance from any company in the country to bypass state laws? Or how they want a Federal law to nullify laws that States passed regarding same sex marriage.
Comment posted September 11, 2009 @ 11:53 am
The general welfare clause is not license for the federal government to do anything it wishes; specifically, it cannot be read as abrogating federalism, specifically the 10th amendment. In fact, arguably, the 10th amendment puts some SIGNIFICANT restraints on the clause. Only someone ignorant of the Constitution and the law would suggest otherwise. Which is to say, someone “educated” in America, as perverse as that situation may be.
I would love to see a massive, 10th amendment-focused backlash against this nonsense. Let’s lay things out on the table and really have a look at how substantially the left has thrown out the Constitution, starting with FDR. It’ll be a great foundation for the coming secession movements, which by the way, are COMPLETELY justified.
Comment posted September 11, 2009 @ 12:06 pm
Uh, couple more points.
1) Ridding the marketplace of the artificial regulations that forbid interstate competition in the insurance markets is hardly an argument against federalism. Sheesh.
2) Calling for a Constitutional amendment is, similarly, not against federalism. It’s a suggestion that the ordinary, original, mechanisms be brought to bear on the question. Not terribly likely that the original federalists would have provided such a mechanism had they believed it to be inconsistent with federalism.
It would be terribly helpful to the national debate over such issues if people were not totally ignorant of the nation’s laws.
Or, in the alternative, we could restore federalism so that it doesn’t matter so much that the citizens are ignorant, because the various levels of government would be addressed to questions proper for their respective levels. For instance, in such a scheme, the federal government WOULD HAVE NOTHING TO DO WITH SOMETHING LIKE HEALTHCARE.
Pingback posted September 11, 2009 @ 2:11 pm
[...] what is surely a pander to a rigid, ideologically conservative base, Governor Tim Pawlenty suggested invoking “states rights” to exempt Minnesota from President Obama’s bold health care initiative. Constitutional debate [...]
Comment posted September 11, 2009 @ 7:46 pm
Okay, enough, enough. I HEREBY DECREE (hey, if you can wear a tinfoil hat and make silly pronouncements, so can I) that “government health care” may ONLY be protested by those who are not receiving any Medicare, VA, or congressional health benefits. Anyone in these categories who wishes to protest the notion of government health care must publicly reject these benefits for him- or herself.
Whaddaya think?
(And “socialism!” may only be raised as a cry of alarm by those who are not receiving any Social Security benefits, and who have signed an ironclad agreement never to accept any.)
Comment posted September 12, 2009 @ 11:37 pm
Sounds like the most reasonable thing I’ve read so far on this page, Steve.
Comment posted September 12, 2009 @ 11:39 pm
Well, except for “I find it interesting how States Rights are only invoked by the Right when it reinforces their position.”
Comment posted September 13, 2009 @ 12:02 am
Sam
Last time I checked, social security checks go mostly to folks who who actually paid for them. So how does accepting your own money nullify your right to protest the involuntary transfer of one’s own money to someone else in a completely different government scheme?
Pingback posted September 28, 2009 @ 10:36 am
[...] this is the basis for various sovreignty amendments, Minnesota Governor Tim Pawlenty’s rejection of the health care bill, and Texas Governor Rick Perry’s opposition to the [...]
Comment posted November 7, 2009 @ 3:58 pm
Brilliant… Do what ever it takes to Vote NO on this Health Care BIll. We work hard for the right to have what we feel we need. We do not like to be threatened with fines and imprisionment for not choing what the government thinks is best for us.
This is not the way to help those in need of health care. This only helps creates the socialistic system destroying the American way of life. Stop this.
RSS feed for comments on this post. TrackBack URL
Leave a comment