NCPA - National Center for Policy Analysis


February 25, 2009

State governors -- looking down the gun barrel of long-term spending forced on them by the economic "stimulus" plan -- are saying they will refuse to take the money.  This is a Constitutional confrontation between the federal government and the states unlike any in our time, says Human Events.

At least 11 states have decided against an intolerable expansion of the federal government's authority over the states, says Human Events:

  • Washington, New Hampshire, Arizona, Montana, Michigan, Missouri, Oklahoma, California, Georgia, South Carolina and Texas -- have all introduced bills and resolutions reminding Obama that the 10th Amendment protects the rights of the states, which are the rights of the people, by limiting the power of the federal government.
  • These resolutions call on Obama to "cease and desist" from his reckless government expansion and also indicate that federal laws and regulations implemented in violation of the 10th Amendment can be nullified by the states.

When the Constitution was being ratified during the 1780s, the 10th Amendment was understood to be the linchpin that held the entire Bill of Rights together.  The amendment states: "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."

In 2009, appeals to the 10th Amendment are not based on tariffs but on unfettered government expansion in Obama's "stimulus" bill, federal mandates on abortion that violate state laws, and infringements on the 1st and 2nd Amendments, among other things, says Human Events.

These eleven states have the right to reject the stimulus plan.  And they must, says Human Events.

Source: A.W.R. Hawkins, "Eleven States Declare Sovereignty Over Obama's Action," Human Events, February 23, 2009.

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