Tim Pawlenty: I Might Invoke the 10th Amendment to Stop Health Care Reform

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Thursday, September 10, 2009 at 10:24 pm

On a Thursday night Republican Governors Association conference call with conservative activists, moderated by Erick Erickson of RedState, Gov. Tim Pawlenty (R-Minn.) 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.

This post has been updated.

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38 Comments

Tweets that mention The Washington Independent » Tim Pawlenty: I Might Invoke the 10th Amendment to Stop Health Care Reform -- Topsy.com
Pingback posted September 10, 2009 @ 10:27 pm

[...] This post was mentioned on Twitter by Jackie White Lumpkin. Jackie White Lumpkin said: RT @TWI_news Tim Pawlenty: I Might Invoke the 10th Amendment to Stop Health Care Reform http://bit.ly/rdicd #tcot [...]


Yet_Another_Steve
Comment posted September 10, 2009 @ 10:30 pm

What, T-Paw wants to take away Medicare and VA care? I can’t see that going over real big, even if they aren’t mentioned in the 10th amendment.


Chad S.
Comment posted September 10, 2009 @ 10:34 pm

Any Governor who wants to invoke the 10th Amendment to prevent health care reform to implemented in their state(nevermind the total idiocy of that concept) will have to either also block Medicare and Social Security from being used in their state or explain why they think that they can selectively invoke the 10th amendment.

And if they win that in federal court(not likely), they’ll have to explain why the Commerce Clause doesn’t stop them from doing it. And if they win that, they’ll have to get the Supreme Court to reverse McCullough v Maryland. So, no biggie: they just have to redefine 2 major parts of the Constitution and then overturn one of the most cherished precedents in American Legal History. It would be easier if Pawlenty just declared war on Wisconsin and tried to form his own nation.


peg
Comment posted September 11, 2009 @ 3:29 am

i really like that idea.I heard some say may be unconsitituial.I think we need something.


mardod
Comment posted September 11, 2009 @ 3:56 am

I would love for him to do that. I'd like this ridiculous interpretation to be legally knocked down soundly.


Francis
Comment posted September 11, 2009 @ 3:59 am

Dave-

I'm from Minnesota and I can safely report to you that Pawlenty is a douche cock. A weenie of the first order. He reminds me of John Kerry. He looks like he can play the part; you can check all the qualification “boxes” for him…but something is missing. Obama, Axelrod, Plouffe and Co. could only be so lucky to have the Republicans nominate him.

Let me make a prediction for you. If Pawlenty wins the Repub nomination in 2012, he will be the first presidential candidate to lose his own state. Obama is very popular here in Vikings country…they are expecting 20,000+ people at his rally @ Target Center on Saturday to talk about health care! I guarantee you T-Paw couldn't draw 200 people to watch him set himself on fire!


James Kirklin
Comment posted September 11, 2009 @ 4:12 am

Does this mean that Tim the asshat will be cutting off Medicare and Social Security to everyone in his state?

These 10th Amendment freaks are really brain dead when it comes to facts. The cherry pick what they like and ignore everything else


brendanm
Comment posted September 11, 2009 @ 4:36 am

Al Gore lost Tennessee. He wasn't as bad as Pawlenty, of course, so I'm sure T-Baggin' T-Paw would lose by a wider margin, but still.


Francis – backtype | CockBot
Pingback posted September 11, 2009 @ 9:11 am

[...] :: Tim Pawlenty: I Might Invoke the 10th Amendment to Stop Health Care Reform [...]


richpfromprinceton
Comment posted September 11, 2009 @ 9:55 am

We can only hope he succeeds in stopping health-care reform. That would finish off the Republican Party for good once the public tars, feathers, draws and quarters the last talk-radio idiot, and we can get on fixing this country once and for all without ignorant obstructionists.


President Beeblebrox
Comment posted September 11, 2009 @ 9:58 am

Also, George McGovern lost South Dakota in 1972.


davidsteiner
Comment posted September 11, 2009 @ 10:39 am

Our founding fathers authored the 10th amendment for a reason. This would be a good debate for the country to determine it the Federal government is operating within the constitution on a whole host of issues. If the constitution is not the basis of the law what is? All office holders are sworn to uphold the constitution.


jeninoh
Comment posted September 11, 2009 @ 11:42 am

Pawlenty needs to just go ahead and declare himself a 2012 candidate, so I can factor that in clearly to everything he says. I mean, endorsing the 10th is pretty much a decalration anyway. In order to get the nom, especially to steal it from Palin, you are going to have to appeal to the most paranoid group of voters in the hsitory of this country. So you are going to have to sound like a dingbat. For Palin, that comes naturally, for Pawlenty… well, it sounds like he's working on it.

By the way… how do Republicans square the 10th with their advocacy against gay marriage nationwide? With their support of the amendment that would have destroyed state concealed-carry laws?


Pawlenty May Invoke The 10th Amendment To Block Minnesotans From Receiving Federal Health Care
Pingback posted September 11, 2009 @ 1:30 pm

[...] are willing to invoke the 10th Amendment if the health care bill is passed,” Pawlenty replied: Depending on what the federal government comes out with here, asserting the 10th Amendment might [...]


Angelo_Frank
Comment posted September 11, 2009 @ 12:44 pm

Go ahead and do that Mr. Pawlenty and see how long you last as Governor of Minnesota. It would be few minutes before you were sent packing from your mansion out to the street with your belongings. This unrelenting hate for President Obama and these threats to “invoke the 10th amendment” by some of these wack-job governors is just pure paranoia on the part of the reactionary right in this country. They are looking like a bunch of kindergärtners in the eyes of most Americans.


carlyt
Comment posted September 11, 2009 @ 2:06 pm

It is time for all Americans to wake up to the tactics of the righ wingnuts like Bachmann, Pawlenty and others. These people are not interested in what is good for America. they are only interested in furthering their own ideology. There is a related post at http://iamsoannoyed.com/?page_id=588


Ralf W
Comment posted September 11, 2009 @ 2:16 pm

Pawlenty probably didn't actually listen to Obama's speech. If he did, he certainly didn't hear the part where the President made a strong moral case for caring for those in need. So our Governor is now invoking the 10th Amendment to block reform? That puts him on the loosing side of the moral argument. Amazing.

It also bolsters the accurate argument that Republicans only know how to say NO.


Ralf W
Comment posted September 11, 2009 @ 2:17 pm

BTW, the interstate commerce clause of the Constitution should pretty much cover healt insurance. Sure it's regulated by states, but mega-corps like United Health Group (based here in MN) sell insurance across many, many state lines. Ergo, no go, Timmy.


Jim
Comment posted September 11, 2009 @ 3:12 pm

Sounds like a good idea to me…then they can quit accepting fed money on medicaid, medicare, unemployment, etc. Looks like the land of 10,000 lakes might be looking for one to dump their gov into.


monkey99
Comment posted September 11, 2009 @ 3:27 pm

Yah, it's funny, isn't it? They actually WANT to be members of an “instant” Third World nation! Invoke the 10th, we might send UNICEF, might not. Tsk.


quentin
Comment posted September 11, 2009 @ 4:12 pm

Poisonous Pawlenty Sneering Snidely & Arrogantly Again


brendanm
Comment posted September 11, 2009 @ 10:04 pm

Ah, yes. I forget that one, it being long before I was born (and the collective attempt to purge the memory of Nixon enjoying such widespread popular support might be a factor).


Pawlenty May Invoke The 10th Amendment To Block Minnesotans From Receiving Federal Health Care | Pure Politics
Pingback posted September 12, 2009 @ 1:07 am

[...] are willing to invoke the 10th Amendment if the health care bill is passed,” Pawlenty replied: Depending on what the federal government comes out with here, asserting the 10th Amendment might [...]


Francis
Comment posted September 12, 2009 @ 12:28 am

You guys are right. I forgot about Gore and McGovern. My bad. That being said, T-Paw's still a douche cock! That is a certifiable fact ;-)


brendanm
Comment posted September 12, 2009 @ 1:45 am

Well, yeah, that's just science.


A Convenient Interpretation • CrazyDrumGuy
Pingback posted September 12, 2009 @ 7:18 pm

[...] (R-SC) has a convenient interpretation of the Constitution: Asked whether states should use the 10th Amendment to prevent health care reform from taking effect, he replied that an assertion of states’ rights [...]


Debbie
Comment posted September 14, 2009 @ 11:27 am

We need a simple website link so that the public can easily choose STOP HEALTH CARE REFORM and register their vote against with just the click of a button. One hears easliy from the multitude when the path is made simple.


mike
Comment posted September 14, 2009 @ 9:28 pm

shameful. just plain shameful.
i'm now officially embarrassed to live in the state that is governed by this idiot.
He's even worse than Jesse Ventura.


Tamz
Comment posted January 11, 2010 @ 5:03 am

OMG Just because our Governor is a douche bag moron doesn't mean the people are. Nor does it mean that any of us want what this turd in the sewer wants done. Personally I wish he'd have gone down with the bridge that collapsed as his cutbacks are why it happened.


Tamz
Comment posted January 11, 2010 @ 5:08 am

I hate to say it, but if he was setting himself on fire…I WOULD PAY to see that LMAO and yes he is a douche cock.


Tamz
Comment posted January 11, 2010 @ 10:03 am

OMG Just because our Governor is a douche bag moron doesn't mean the people are. Nor does it mean that any of us want what this turd in the sewer wants done. Personally I wish he'd have gone down with the bridge that collapsed as his cutbacks are why it happened.


Tamz
Comment posted January 11, 2010 @ 10:08 am

I hate to say it, but if he was setting himself on fire…I WOULD PAY to see that LMAO and yes he is a douche cock.


Vander Plaats: I’ll Invoke the 10th Amendment | Caffeinated Thoughts
Pingback posted March 19, 2010 @ 12:22 am

[...] Freudenthal when he signed Wyoming’s resolution.  Minnesota Governor Tim Pawlenty also said he would invoke the 10th Amendment last fall in order to stop the health care reform bill.  Former Alaska Governor Sarah Palin also signed her state’s resolution.  Arizona [...]


commenter
Comment posted March 21, 2010 @ 9:58 pm

I “might”? I'd respect him more if he actually took a yes or no stand. The feds are pilfering social security and medicare anyways. There won't be anything left to give out.


Republican Tea Party Breeding American Hate | America For Purchase
Pingback posted March 31, 2010 @ 3:04 pm

[...] governor Tim Pawlenty and Texas governor Rick Perry have both invoked the possibility of [...]


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