Tenthers

New Hampshire House Speaker Is Special Guest At Tenther Rally

Brian Beutler | March 8, 2011, 9:56AM

New Hampshire's House Speaker William O'Brien wants to make it harder for students to vote in their districts, arguing that they distort the democratic process. It might just be, though, that he has a hard time accepting outcomes he disagrees with.

O'Brien is a scheduled speaker at an upcoming event called "Nullify Now!" which is organized by two Tenther groups -- The Tenth Amendment Center and WeRefuse. Both argue, against federal court rulings, that states don't have to uphold laws they believe to be unconstitutional.

A call and email to O'Brien seeking more information about his views on the 10th amendment were not immediately returned.

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."

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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Tenthers

The Tenth Amendment Task Force: Let The States Do It!

Rachel Slajda | April 27, 2010, 2:12PM

Rep. Rob Bishop (R-UT) and Thomas Jefferson

As tea parties and conservative attorneys general cry louder about the intrusion of the federal government, ten conservative House members, led by Rep. Rob Bishop of Utah, have formed a "Tenth Amendment Task Force" to promote federalism and give more power to state governments.

Their mission? To "disperse power from Washington and restore the Constitutional balance of power through liberty-enhancing federalism."

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Health Care

Graham: GOP Should Press SCOTUS Nominee On Health Care Constitutionality

Brian Beutler | April 13, 2010, 3:55PM

Sen. Lindsey Graham (R-SC)

Add Sen. Lindsey Graham (R-SC) to the list of GOP Senators who think the constitutionality of health care reform should become an issue when President Obama picks a Supreme Court nominee.

"Sure you can ask about that," Graham told reporters off the Senate floor this afternoon, in response to a question from TPMDC. "Yeah, I think that'd be a good area to inquire in. But they're not going to be able to pre-judge a pending case."

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Ken Cuccinelli

Virginia AG Cuccinelli: 'A Tea Partier Before There Was A Tea Party'

Zachary Roth | April 12, 2010, 8:50AM

Virginia Attorney General Ken Cuccinelli

When Ken Cuccinelli ran last year to be attorney general of Virginia, he made no effort to hide his strident conservatism.

Cuccinelli made the Gadsden Flag -- which, with its "Don't Tread On Me" message, has lately been adopted by Tea Partiers -- an official symbol of his campaign. He told a crowd he was thinking of not registering his son for a social security number because "it is being used to track you." He even seemed to flirt with Birtherism. "Ken was a tea partier before there was a Tea Party," one Virginia Republican told the New York Times recently.

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Barack Obama

Tenthers Grassley And Boehner Claim Mandate Unconstitutional

Brian Beutler | February 25, 2010, 3:49PM

Sen. Chuck Grassley (R-IA)

Sen. Chuck Grassley (R-IA)--the Republicans point man on health care reform in the Senate--has flirted with the idea that requiring people to purchase health insurance is unconstitutional. But he fully joined the "Tenther" fringe at today's health care summit.

"The high cost of this bill comes from a non-constitutional mandate," Grassley said in an exchange with President Obama.

It wasn't too long ago that Grassley not only supported the mandate, but also claimed there was bipartisan agreement on the issue.

That time has clearly passed--moments later Grassley got back up from House Minority Leader John Boehner.

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Chuck Grassley

Judiciary Committee Ranking Member Ventures Into Tentherism

Brian Beutler | November 13, 2009, 9:02AM

Sen. Jeff Sessions (R-AL)

Sen. Jeff Sessions (R-AL)--the highest ranking Republican on the Judiciary Committee--is unclear about the Constitutionality of current health care legislation, and he's turning for clarity to the Federalist Society.

"I think that's a good question," Sessions said on a panel at the Federalist Society's National Lawyers' Convention. "Matter of fact I met with my staff...we were talking about, and you know what I said Leonard? I said we ought to ask Federalist society folks what they think too. I said let's begin to think about that question and what's the constitutional thing...can the government require to do what we think is in your best interest if you don't think it's in your best interest?"

Sen. Chuck Grassley (R-IA), who also sits on the Judiciary Committee, once said there was a bipartisan consensus in favor of individual mandates. But he too seems to have joined the tenther fringe.

You can see the video here. The exchange occurs about 27 minutes in.

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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