News Room

Perry's Federalism Approach Unclear
July 31, 2009

On Wednesday of last week, Gov. Rick Perry invoked the 10th Amendment of the U.S. Constitution and the concept of states' rights as a strategy for opposing federally driven health care reform. And on Thursday, he was sending out a press release almost thanking the U.S. Department of Education for additional stimulus dollars.

What's missing here is a coherent and consistent approach to federalism. Without that, Perry is merely playing politics.

Written by Editorial , Tyler Morning Telegraph

Question-mark-266x400

Sometimes it's just hard to keep up.

On Wednesday of last week, Gov. Rick Perry invoked the 10th Amendment of the U.S. Constitution and the concept of states' rights as a strategy for opposing federally driven health care reform. And on Thursday, he was sending out a press release almost thanking the U.S. Department of Education for additional stimulus dollars.

What's missing here is a coherent and consistent approach to federalism. Without that, Perry is merely playing politics.

Federalism isn't a complicated concept. It's just the balance between the power of the states, and the power of the federal government. According to the Constitution, the states have certain duties and powers, while the federal government has other duties and powers.

The 10th Amendment spells it out pretty plainly: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the sates respectively, or to the people."

That means if something is not in the Constitution, as a power specifically granted to the federal government, it's the prerogative of the states.

National defense, for example, is clearly a federal function. So, too, are borders and immigration.

Heath care isn't mentioned in the Constitution, however. That's why Perry may have a point when he says federal reform shouldn't be forced on the states.

"I think you'll hear states and governors standing up and saying 'no' to this type of encroachment on the states with their health care," Perry said on a Dallas radio program. "So my hope is that we never have to have that stand-up. But I'm certainly willing and ready for the fight if this administration continues to try to force its very expansive government philosophy down our collective throats."

He cited both the "letter and the spirit" of the Constitution.

"It really is a state issue, and if there was ever an argument for the 10th Amendment and for letting the states find a solution to their problems, this may be at the top of the class," Perry said. "A government-run health care system is financially unstable. It's not the solution."

The very next day, however, Perry issued the following statement:

"I'm pleased that the U.S. Department of Education has approved Texas' application for State Fiscal Stabilization Funds, which will help increase public school funding, providing each school a minimum additional $120 per student," Perry said. "Providing quality education to our state's school children continues to be a top priority. Texas lawmakers appropriated this money, along with more than $30 billion in state funds, to enhance educational excellence in our state."

Perry was similarly confusing about stimulus funds. He accepted some and rejected some -- with no apparent overarching principle.

The renewed focus on federalism -- dubbed the "Tenth Amendment Movement" -- is interesting and well worth watching, particularly in light of President Barack Obama's ambitious federal agenda.

But until leaders such as Perry develop a consistent approach, it's just politics as usual.

 

View Printer-Friendly Format

Related Stories

SHAPLEIGH: WAGING WAR ON HISPANICS IN TEXAS
March 1, 2011

By now, the Rick Perry, Radical Republican agenda is clear. During the 82nd Session of the Texas Legislature, TEA party Republicans mean to wage war on Hispanics.

In Perry’s party, which just took 22 seats away from Democrats to create a supermajority in the Texas House, the agenda is now crystal clear—cut taxes for the billionaires that funded Perry’s last election, cut budgets for key programs that invest in Hispanic education and health, cut regulations to corporations like the predatory lenders whose PACs pay for House wins and do anything possible to keep Hispanics away from the ballot box.

JOBS, SECURITY AND MOBILITY—BEYOND MERIDA IN THE PASO DEL NORTE
October 8, 2010

"On March 23, 2010 in Mexico City, the U.S. and Mexico launched the foundation of a 21st century bilateral partnership called "The New Border Vision." After months of consultation with the Calderon administration and joined by Secretaries Gates and Napolitano, Secretary of State Clinton announced a new policy named "Beyond Merida." The new federal accord has four key policy pillars: disrupt capacity of organized crime to operate; institutionalize capacity to sustain rule of law; create a 21st century border structure; and build strong and resilient communities. Here in the "Pass of the North," Beyond Merida must mean safety, jobs and mobility."

SENATOR SHAPLEIGH CALLS ON RICK PERRY TO FOCUS ON TEXAS, NOT OBAMA
August 9, 2010

"Rick, there you go again. Giving a letter to President Obama at the Austin airport is just another gimmick to move the focus off Perry’s failed record at DPS. Quit blaming Obama for Border Security—El Paso is safer than ever. Get over to DPS and fix it now. That’s one responsible thing you can do on your watch.”

SENATOR SHAPLEIGH CALLS ON RICK PERRY TO STOP LYING ABOUT VIOLENCE IN EL PASO
August 4, 2010

"Quit lying about El Paso; quit conflating drug dealers with Hispanics to whip up fear; quit the Tea Step tour and come home—get to work and fix DPS—that’s one responsible thing you can do on your watch.”

The Volcker Rule
July 26, 2010

On the evening of Wednesday, June 23rd, Paul Volcker, the former chairman of the Federal Reserve, was monitoring events on Capitol Hill from his office, which overlooks the ice-skating rink at Rockefeller Center. Volcker, who is eighty-two years old, works at a polished granite desk covered with correspondence, books, and financial reports. Apart from a slight loss of hearing, he is in robust health, and when he rises to greet guests he towers above them. His height (six feet eight inches) is initially intimidating, but that impression is soon mitigated by his wry manner. For a year and a half, Volcker, who serves as an economic adviser to President Barack Obama, had been waging a campaign to curb greed and speculation on Wall Street. This effort was reaching a climax, as the Senate and the House of Representatives worked to reconcile the lengthy financial-reform bills that each had passed.

Fair Use Notice
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond "fair use", you must obtain permission from the copyright owner.