Pawlenty: 10th Amendment might let states sidestep health care changes

startribune.com ^ | September 11, 2009 | BOB VON STERNBERG

[Berlin_Freeper]

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.

[nickcarraway]

Bump

[Signalman]

If Pawlenty follows through on this, it would probably go to the USSC. We’ve got 4 sure votes who will rule in favor of the 10th Amendment. If The USSC rules for our side, this will be a MAJOR victory and effectively be the end of Obamacare (if it passes Congress), since the only way Obamacare can work is if it is completely federalized.

[UnbelievingScumOnTheOtherSide]

The Supreme Court ruled a long time ago that the 10th Amendment does not exist.

[Secret Agent Man]

10th amendment, maybe.

Unconstitutional in origns, DEFINITELY.

Use the stronger arguments first. Feds have NO POWER DELEGATED TO THEM TO DO THIS.

[TexasRedeye]

IIRC Gov. Perry of Texas said this about 2 months ago. Now, can we get a few more states to sign on?

[Arthur McGowan]

The Tenth Amendment just sits there. It’s the GOVERNORS who need to have the courage to OBSERVE the Tenth Amendment.

Do they have that courage?

Well, with respect to Roe v. Wade, so far they haven’t.

[rhema]

"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."

[farmguy]

IIRC Gov. Perry of Texas said this about 2 months ago. Now, can we get a few more states to sign on?

The real question is: How do we get Perry to walk the walk now that he has talked the talk?

[popdonnelly]

The way courts have interpreted the Constitution, I honestly don’t see the 10th Amendment preventing anything.

[rigelkentaurus]

Perry does need to walk the talk.

Some Governor needs to get a plan together and press the 10th Amendment all the way. Not just for National Socialism health care - but all the other programs.

The supreme court saying the 10th amendment does not mean anything is interesting, but not relevant. If a state will escalate and press it’s rights, it will either come down to the Federal government scaling back and conceding the argument (not going to happen) or secession. A group of states in this situation should stick to the argument that the Feds have broken the contract of the Union, so it is null and void, divide up the assets and liabilities and move on.

[jmaroneps37]

http://www.collinsreport.net/2009/09/11/rejoice-patriotic-americans-nat-tea-party-%e2%80%9cstate-sovereignty10th-amend-%e2%80%9d-have-obama-on-the-run/