17th Amendment

The GOP's New Constitutional Amendment: Give States Veto Power Over Federal Laws

Evan McMorris-Santoro and Ryan J. Reilly | May 11, 2011, 4:50PM

Republicans say they've found the problem in America -- and that problem is the basic framework of the Union as we know it today.

A group of Republicans in the House and Senate are proposing an amendment to the Constitution that would allow a vote by two-thirds of the states' legislatures to override any federal law they did not agree with.

The proposed constitutional amendment, a tea party favorite, is being touted by Sen. Mike Enzi (R-WY) in the Senate and co-sponsored by Sens. John Barasso (R-WY) and Orrin Hatch (R-UT). In the House, Reps. Rob Bishop (R-UT), Morgan Griffith (R-VA) and Paul Broun (R-GA) are leading the charge.

The goal, according to proponents, is to stop the tyranny of Washington over the economy and circumscribe other federal powers.

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Nullification

Iowa GOPers Pass Nullification Of Health Care Mandate In State House

Eric Kleefeld | February 3, 2011, 12:00PM

State flag of Iowa

The politics of nullification are now coming to the key early presidential caucus state of Iowa, where the Republican state House has just passed a bill outlawing the individual health insurance mandate in the federal health care reform law.

The Des Moines Register reports:

But it is not clear whether the states have the legal authority to exempt their residents from the requirements of the federal law.

Rep. Lance Horbach, R-Tama, said, however: "This bill deals with the federal government impeding upon states' rights and individuals' rights. We have the ability, the sovereign ability in the state of Iowa and as legislators representing the people, to make that decision. The federal government does not."

The bill is not guaranteed to pass, though: It now heads to the state Senate, where Democrats hold a narrow majority.

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Jack Kimball

Is NH Republican Jack Kimball Jumping On The Nullification Bandwagon?

Jillian Rayfield | August 6, 2010, 8:30AM

Jack Kimball (R), candidate for New Hampshire Governor

Jack Kimball, who is running for Governor in the Republican primary in New Hampshire, is hosting an event this weekend with special guest Michael Boldin, founder of America's Tenth Amendment Center. This "tenther" group touts state sovereignty and nullification -- the idea that a state can override a federal law it deems unconstitutional (a notion that has been consistently rejected in federal courts).

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Nullification

Does Bob McDonnell Think States Can Nullify Federal Laws? He Won't Say

Eric Kleefeld | August 5, 2010, 11:05AM

Virginia Governor Bob McDonnell

Gov. Bob McDonnell (R-VA) is not taking a position on the idea of nullification -- the notion that a state can unilaterally override a federal law (and a notion that has been consistently rejected in federal courts).

The Roanoke Times reports on McDonnell's appearance at a town hall meeting on Wednesday:

He also fielded questions about how to deal with the problems of illegal immigration, the influence of lobbyists, losses in education funding, the placement of electricity-generating windmills and the constitutional question of "nullification."

While complimenting the questioner on his knowledge of the Constitution, McDonnell declined to say whether he backed that notion, a legal argument that a state may invalidate or nullify a federal law it believes violates the 10th Amendment's delegation to the states or the people all rights not designated to the federal government.

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TN-GOV

TN GOPer Wamp Backtracks: 'When I'm Governor, Of Course We Will Not Secede From The Union'

Eric Kleefeld | July 26, 2010, 11:42AM

Rep. Zach Wamp (R-TN)

Rep. Zach Wamp (R-TN), who is running in a three-way Republican primary for governor of Tennessee, is now clarifying some earlier remarks and insisting that he does not favor seceding from the Union -- though he does think that governors need to put up a strong front and assert their 10th Amendment rights against the federal government.

"When I'm governor of Tennessee, of course we will not secede from the union," said Wamp. "But we will also not have a governor who will cave in to Barack Obama."

"We're going to be a proud partner as a member of the United Sates of America," Wamp added. "But there needs to be a conflict between the states and the federal government."

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TN-GOV

GOP Rep. And TN-GOV Candidate Wamp: States Might Have To 'Consider Separation From This Government'

Eric Kleefeld | July 23, 2010, 2:08PM

Rep. Zach Wamp (R-TN)

Rep. Zach Wamp (R-TN), who is running in a heated three-way Republican primary for governor of Tennessee, has a dire warning about the new health care reform law: If a new Congress and president aren't elected in order to repeal the bill, states might just have to secede.

"I hope that the American people will go to the ballot box in 2010 and 2012 so that states are not forced to consider separation from this government," said Wamp, who has also promised to refuse to implement the law at the state level if he is elected, in an interview with the Hotline.

Wamp also praised Gov. Rick Perry (R-TX) -- who has also floated the idea of secession -- for leading the fight against the health care bill. "Patriots like Rick Perry have talked about these issues because the federal government is putting us in an untenable position at the state level," said Wamp.

The Hotline asked Wamp's GOP primary opponents whether they are opposed to secession. A spokesman for Knoxville Mayor Bill Haslam answered, "Yeah," while Lt. Gov. Ron Ramsey blasted "Rep. Wamp's trademark over-the-top temperament and overheated, sometimes crazy rhetoric."

Idaho

Idaho GOP Approves Far-Right Platform: Repeal 17th Amendment, Buy Gold And Silver

Eric Kleefeld | June 29, 2010, 10:50AM

The logo of the Idaho Republican Party and gold coins.

Idaho Republicans held their convention over the past weekend, approving a platform containing some mighty interesting parts of the Tea Party platform -- from state nullification of federal laws, to protecting the institution of marriage from transgendered people, to to a Glenn-Beckesque embrace of gold and silver money.

State Rep. Marv Hagedorn (R) told the Associated Press that the push to go further right was a product of disgust with the current status quo from the Obama administration. "It does reflect a change," said Hagedorn. "But it's not a change in our party, it's a change in the White House."

The convention's platform calls for a radical overhaul of the federal government. One proposal is a Tea Party favorite, calling for the repeal the 17th Amendment, which provides for the direct election of Senators instead of the original system of them being selected by state legislatures. The platform also calls for the state legislature and governor to "nullify any and all existing and future unconstitutional Federal mandates and laws, funded or unfunded, that infringe on Idaho's Tenth Amendment sovereignty." In addition, the GOP calls for the state of Idaho to take back federally controlled lands.

Then there is the hard-money plank, which might have come right out of a Goldline ad on talk radio: "We believe Idahoans need to protect their savings from the ravages of inflation, which is hidden taxation, and encourage citizens to participate in a systematic acquisition of precious metals which represent real value as opposed to paper currencies."

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MN-GOV

GOP's Emmer: 'The State Certainly Does Have The Right' To Overturn Federal Laws (No, They Don't)

Eric Kleefeld | June 23, 2010, 2:13PM

MN-GOV candidate Tom Emmer (R)

Minnesota state Rep. Tom Emmer, the presumptive Republican nominee for governor, has further expounded on his theories of nullification, declaring that states have the power under the Constitution to undo federal legislation.

There's one problem that Emmer and other nullifiers -- or to use a modern term from the blogosphere, "Tenthers," after the Tenth Amendment -- would face: State nullification of federal laws has consistently been found to be unconstitutional throughout this country's history.

MinnPost asked Emmer about his support for a proposed state constitutional amendment that would presumptively nullify all federal laws in the state of Minnesota, declaring that they only take effect if the governor and two-thirds of each House of the Minnesota legislature were to sign off.

Interestingly, Emmer minimized his role in that proposal, saying that he was only a co-sponsor. Instead he pointed to a different proposal, of which he is the chief author, which would provide an alternative avenue for the state to reject federal laws.

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MN-GOV

Emmer Defends Nullification: 'Minnesotans Should Have A Say In The Laws That Govern Them'

Eric Kleefeld | June 22, 2010, 12:34PM

MN-GOV candidate Tom Emmer (R)

In a guest column in the Star Tribune over the weekend, Minnesota Republican gubernatorial candidate Tom Emmer strongly defended his platform calling for Minnesota to be able to nullify federal laws relating to health care, education, transportation and various other matters. In his column, Emmer also seems to imply that Minnesotans do not actually have a voice in Washington.

"Enough is enough. As governor, I will push back against this federal encroachment into our local affairs," Emmer writes. "I believe that our Legislature should have a voice in whether federal laws should be made to apply to Minnesotans. Minnesotans should have a say in the laws that govern them."

He also writes: "It is truly bizarre that my opponents in the race for governor actually oppose letting Minnesotans have a say in the laws that govern them."

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Nullification

NH Legislature Votes Down Attempt To Nullify Health Care Reform And Prosecute Federal Officials

Eric Kleefeld | May 14, 2010, 1:14PM

The New Hampshire House of Representatives yesterday defeated a proposal to nullify the federal health care law and to make it a felony for any federal official or employee to attempt to enforce it. The margin was 121 in favor to 182 against.

One of the co-sponsors, state Rep. William Smith (R-New Castle), told TPMDC that he does not believe the states can nullify any and all federal laws -- only those federal laws that are unconstitutional themselves. "I think obviously those that are backed up by the Constitution, the provisions of the federal Constitution ... that the federal government has the top jurisdiction in those areas where the federals have authority to create laws, such as for defense," said Smith.

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MN-GOV

GOP's Candidate for Gov In Minnesota Wants To Nullify All Federal Laws

Eric Kleefeld | May 3, 2010, 1:01PM

MN-GOV candidate Tom Emmer (R)

The Minnesota Republican Party's official candidate to succeed Gov. Tim Pawlenty, who is looking ahead to a 2012 run for President, is a staunch conservative well to Pawlenty's right who has a long history of "Tentherism," the attempts by the far right-wing to invoke the Tenth Amendment and nullify federal laws on various liberal initiatives. He has even proposed a state constitutional amendment that would allow federal laws to operate in Minnesota only if they were consented to by super-majorities of the state legislature.

State Rep. Tom Emmer picked up the official Republican endorsement at the party's convention this weekend, and he also walked away with the backing of Pawlenty himself. "We don't have any doubt about what Tom Emmer stands for or what his values are," Pawlenty said at the convention. "He is strong. He is steadfast. He is clear. ... He is going to be the next governor of the state of Minnesota." Emmer also has the support of Sarah Palin, who praised him just before the convention got underway as a "hockey dad" who once played for the University of Alaska-Fairbanks -- a move that may have been a tipping point, according to the Star-Tribune.

Emmer was first elected to the Minnesota House of Representatives in 2004. Just this past March, he was a co-author of a proposed state constitutional amendment that would, to borrow the words of Nigel Tufnel, turn the Tenth Amendment all the way up to 11, with Minnesota preemptively nullifying all federal laws unless a state supermajority consents to them. Here is the key quote from the amendment's text: "A federal law does not apply in Minnesota unless that law is approved by a two-thirds vote of the members of each house of the legislature and is signed by the governor. Before voting to approve a federal law, each legislator must individually affirm that the legislator has read the federal law and understands it."

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Nullification

Minnesota's Last Adventure With Tentherism

Eric Kleefeld | September 11, 2009, 5:03PM

Former VP John C. Calhoun (D-SC), Former Gov. Rudy Perpich (D-MN), Gov. Tim Pawlenty (R-MN)

As you may know, Gov. Tim Pawlenty (R-MN) is now threatening to invoke the Tenth Amendment in order to keep his home state of Minnesota out of any health care reform package that gets passed, and raising the possibility of governors filing lawsuits against it. As it turns out, this is not the first time that a Minnesota governor has been embroiled in a battle of states' rights with the federal government -- and the last time it happened, it involved political action from the left.

The last time, in the 1980's, Democratic Gov. Rudy Perpich unsuccessfully went to the Supreme Court, leading a group of governors who argued that the federal government had no authority to send the state National Guards for what were officially billed as training missions in Honduras, in which they would be building roads, over the governors' objections. The governors and other opponents had argued that this was a pretext for aiding the Contras in neighboring Nicaragua, according to an April 12, 1987, article in the Chicago Tribune (via Nexis).

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Tim Pawlenty

Pawlenty: It's "A Viable Option" To Invoke State Sovereignty, Keep Minnesota Out of Health Care Reform

Eric Kleefeld | September 11, 2009, 8:52AM

Gov. Tim Pawlenty (R-MN)

Gov. Tim Pawlenty (R-MN), a possible presidential candidate in 2012, is now indicating that he could invoke state sovereignty and prevent his home state of Minnesota from participating in a federal health care reform effort if one passes, Minnesota Public Radio reports.

"Depending on what the federal government comes out with here, asserting the 10th Amendment may be a viable option," Pawlenty said, when asked about it by a caller on a Republican Governors Association conference call. "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."

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Jim DeMint

DeMint And Bachmann Call On States To Collectively Fight ObamaCare If Passed

Eric Kleefeld | August 21, 2009, 12:34PM

Rep. Michele Bachmann (R-MN) and Sen. Jim DeMint (R-SC)

Here's another fun detail from last night's Americans For Prosperity teletown hall, which featured Sen. Jim DeMint (R-SC) and Rep. Michele Bachmann (R-MN). Both politicians said that if a health care bill passes, it should be actively fought and resisted through a collective effort of conservative governors.

A caller asked DeMint what the states could do in order to stop unconstitutional action by the federal government on health care. DeMint replied, "I think the key to pushing back against the federal government is some governors and state legislators who champion individual freedom."

DeMint said he would love to see states go to court to invoke the Tenth Amendment: "If we had some states come together and say the only way to save this country is to push back." He also added: "I think you'll see some states say no more, we're not going down with the federal government."

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