Perry's Federalism Approach Unclear | Senator Eliot Shapleigh

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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

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.

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