On Friday we reported that Gov. Tim Pawlenty (R-MN) was floating the possibility that he might invoke state sovereignty to prevent Minnesota from participating in federal health care reform.
Pawlenty, in response to a caller on a Republican Governors Association conference call, said of Republican governors’ use of the 10th Amendment: “I think we can see hopefully see a resurgence in claims and maybe even bring up lawsuits if need be.”
This antiquated nullification doctrine — which predates the Civil War — essentially holds that states can nullify unconstitutional federal laws.
Well, today Pawlenty’s backing off that stance. On This Week with George Stephanopoulos this morning, Pawlenty implied that lawsuits on health reform aren’t really an option after all.
“In the legal sense, I think the courts have addressed these 10th Amendment issues,” Pawlenty said. “But more in the political sense and common sense arena, we need to have a clear understanding what the federal government does well and what should be reserved to the states.”
Stephanopoulos asked if Pawlenty thought any part of President Obama’s health care plan was unconstitutional — something that seems implied in invoking possible use of the 10th Amendment.
“Well, I wouldn’t go so far as to say it’s a legal issue,” said Pawlenty. “I was raising it as much as a practical matter, that there are some things that the federal government shouldn’t do, doesn’t do well, and should leave to the states.”
