Gov. Tim Pawlenty (R-Minnesota) who earlier this week criticized President Obama's speech to school kids is now talking about asserting States Right to prevent implementation of health care reform. http://www.startribune.com/politics...ArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUUT Pawlenty asserts states' rights in health care debate By BOB VON STERNBERG, Star Tribune Last update: September 11, 2009 - 9:35 AM Gov. Tim Pawlenty has ratcheted up his criticism of President Obama's health care overhaul plan, invoking states' rights as a way to avoid implementing whatever might become law. During a conference call Thursday night with reporters and conservative activists, Pawlenty said "asserting the 10th Amendment" of the U.S. Constitution might allow Minnesota and other states to sidestep federally-imposed changes to the health care system. Pawlenty's comments, made during a call sponsored by the Republican Governors Association, went beyond his earlier, consistent criticism of plans being pushed by Obama and congressional Democrats. Pawlenty, the governors' association vice-chairman, was asked if governors could assert state sovereignty to bypass federal mandates. According to a recording posted online by Minnesota Public Radio, he replied: "Depending on what the federal government comes out with here, asserting the 10th Amendment may be a viable option but we don't know the details. As one of the other callers said, we can't get the president to outline what he does or doesn't support in any detail. So we'll have to see. I would have to say that it's a possibility." The 10th Amendment states that powers "not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States." Pawlenty returned to the topic this morning during his weekly radio show, saying an assertion of states' rights should been seen as a counterweight to "a federal government that permeates every aspect of our lives. '[We should] at least have a discussion," he said, "not talking about seceding from the union and not filing lawsuits." Saying "this is fairly obscure stuff," Pawlenty said he believes it's "important to at least raise the issue." Earlier Thursday, Pawlenty held a news conference in which he outlined milder criticisms of Obama's plans, which the president will push during a speech in Minneapolis Saturday. During the governors association call, Pawlenty predicted that he and other governors are likely to "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." He specifically mentioned Texas Gov. Rick Perry, who made headlines earlier this summer when he asserted his own state's sovereignty, citing the 10th Amendment.
I've heard other people mention the issue of states right's before and the 10th Ammendment a few times in regard to health care reform but there appears to be a basic problem with that argument since the regulation of something like health care may fall under the Commerce Clause particularly in regard to health care providers and insurers that operate in more than one state. For that matter with Medicare and Medicaid the precedent is already established that the Fed. government plays a role in health care. Also I find it ironic that opponents of health care are citing Federalism when one of the solutions offered by many of those same opponents is to allow the purchasing of health insurance from any states which would shred any ability of individual states to enforce their own regulations regarding health insurance.
Sombody save the Republican party. I don't know whose idea it was to bandy about pre-civil war rallying cries like nullification and secession, but helpful hint: It's an embarrassment, and more likely to be FAIL than WIN.
I'm not sure Pawlenty is this nutty, but trying to get the GOP nomination for president makes people do nutty things to appeal to the birthers, the teapartiers, the racists and others in the periphery that thefat cat insiders manipulate.
I think glynch is spot on here -- this is just an icy hot stunt by Pawlenty. I would like to see the state fork over all their fed money though. LOL
It depends on how you view states rights. There are those who believe the Fed governments job is to do specifically what the constitution gives them authority to do, thus its the states right to do the remainder. Nowhere in the constitution does it give the fed government permission to setup massive welfare reforms or engage wars w/out congresses permission in Iraq or Afghanistan.
Some people like to pretend that government doesn't have a purpose, and some people consider government service an endless stunt, with the desired end being success by fooling the electorate. I know where Pawlenty falls. At least I do now.
I've pointed this out before but the Constitution does allow the fed to set up massive welfare programs. Article 1 Section 8 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; As far as the war making powers I would tend to agree with you but in the case of Iraq and Afghanistan there were authorizations of use of military force that are considered equivalent to declarations of war.
their definition of 'general Welfare' at that time is not the same welfare you speak of, but let's not get picky
Throw enough stuff against the wall some of it will eventually stick . . .. . . . . . . . . I guess Rocket River
But I do believe that insuring that every American has access to reasonable and affordable health care would fall under their definition of 'general Welfare.'
not the 'their' of that time- the 'their' of that time favored helping the poor but not with government funding- Quotes: To take from one, because it is thought his own industry and that of his fathers has acquired too much, in order to spare to others, who, or whose fathers, have not exercised equal industry and skill, is to violate arbitrarily the first principle of association, the guarantee to everyone the free exercise of his industry and the fruits acquired by it.” — Thomas Jefferson, letter to Joseph Milligan, April 6, 1816 “A wise and frugal government… shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government.” — Thomas Jefferson, First Inaugural Address, March 4, 1801 “I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them.” — Thomas Jefferson “Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.” — Thomas Jefferson The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. If ‘Thou shalt not covet’ and ‘Thou shalt not steal’ were not commandments of Heaven, they must be made inviolable precepts in every society before it can be civilized or made free.” — John Adams, A Defense of the Constitutions of Government of the United States of America, 1787 “With respect to the two 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 in a letter to James Robertson In 1794, when Congress appropriated $15,000 for relief of French refugees who fled from insurrection in San Domingo to Baltimore and Philadelphia, James Madison stood on the floor of the House to object saying: “I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” — James Madison, 4 Annals of Congress 179, 1794 “[T]he government of the United States is a definite government, confined to specified objects. It is not like the state governments, whose powers are more general. Charity is no part of the legislative duty of the government.” — James Madison “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, “Letter to Edmund Pendleton,” — James Madison, January 21, 1792, in The Papers of James Madison, vol. 14, Robert A Rutland et. al., ed (Charlottesvile: University Press of Virginia, 1984). “There are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations.” — James Madison, speech to the Virginia Ratifying Convention, June 16, 1788 “When the people find that they can vote themselves money, that will herald the end of the republic.” — Benjamin Franklin “I am for doing good to the poor, but I differ in opinion of the means. I think the best way of doing good to the poor, is not making them easy in poverty, but leading or driving them out of it.” — Benjamin Franklin
And on a related note the "arms" of their time was swords, pikes, and muzzle loading firearms. I know rhester isn't a Second Ammendment guy but if we are going to limit ourselves to historically fixed descriptions of Constitutional language a lot of things are going to have to be changed. Anyway from the citations of the founders that Rhester has posted it looks like there was a debate among the Founders regarding what "General Welfare" meant to the point that some regarding it as meaning in the sense we think of as "welfare" to the point it had to be contradicted or even spoken out against in regard to legislation in that regard.
I'm better with the bible than the constitution, let's change the subject, which disciple of Jesus kept the donation coins?
If any man asks for your shirt give him a coat also Give to him who asks of you When you give to the poor don't tell anyone, do it in secret where only God sees it Sell what you have and give it to the poor I don't have any record of Jesus thinking about government taking care of anything except his own death
