A secession from reality?
Sunday, March 21st, 2010
The 10th Amendment used to be kind of the Rodney Dangerfield of the Bill of Rights, a little discussed addendum to the big guns like the First and the Fifth. Now, though, it’s getting lots of love from people who have little love for Barack Obama. In his weekly Center Square essay, Chris Satullo takes a look at this odd turn of events.
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Kind of feels like 1861, doesn’t it?
Insane with anger at a new president from Illinois, states are blathering about their rights and about defying the federal government’s authority.
And as it was in the year that the Civil War broke out, Virginia is again a center of the resistance.
This time though, the rebellious states aren’t defending slavery. They're claiming to be enslaved, by a United States president who – let’s just pause to savor the irony – happens to be black.
The dispute's focal point is the health care bill that President Obama has struggled to get Congress to approve.
By the way, if Obama is a tyrant, he’s a most peculiar one, who can’t seem to bend even his own party to his will.
The states are in a lather over one aspect of the bill: the mandate to carry health coverage.
Virginia lawmakers have passed a law making it illegal to require Virginians to carry health insurance. The state’s wacky attorney general says he'll sue the U.S. government to enforce this defiance.
Utah and Oklahoma have passed similar measures. A raft of states now assert they don’t have to pay any mind to federal gun control statutes.
These little rebellions point to the 10th Amendment as justification. That last item in the Bill of Rights says that all powers not specifically given to the federal government by the Constitution belong to the states.
On its face, this would seem to buttress states-rights rhetoric. Of course, the notion that we’re really 50 sovereign states is an absurd way to run a nation spanning a continent. If it had been taken seriously, the United States would never have become the world's superpower. Luckily, in the modern era, the nation’s courts have never supported that view of the amendment.
Remember “state’s rights” was the cry of those who would have preserved slavery and segregation. It is a stance forever soiled by those associations.
Let me close with a few questions.
First, don’t these rebel states all enforce an insurance mandate of their own: on people who drive cars? What’s the difference?
Second, have you noticed that this caterwauling about states rights only arises when a Democrat is in the White House?
Third, why is it that, when people on the right talk of defiance and even secession, they still get away with waving flags and calling themselves patriots?
They strike me as anything but.

Calling the Virginia Attorney General wacky? How about all of those other 20 states who have joined the lawsuit against the government for mandatory health care? Anyone who disagrees with your views are idiots? I guess half of America is then. People do not like Obamination's health care bill at all. I hope his commie regime fails.
Satullo is in error when he says the issue of states' rights is raised only when a Democrat is in the White House. It was also brought up under Bush II in connection with the medical marijuana laws in California and Oregon.
This erroneous statement actually aids GOP propaganda, since the misperception that they consistently back "states' rights" allows them to pose as standing on principle, when in reality this is a slogan they invoke selectively as it suits their purpose.
More generally, it's not logically sound to condemn a principle simply because it's sometimes been associated with causes that are now generally repudiated. Indeed, even on racial issues it's cut both ways. Before the Civil War, Abolitionists held that free states weren't bound to deliver fugitive slaves to their owners under the federal "commerce clause." For this reason one of them famously denounced the US Constitution as "a pact with the devil and a covenant with Hell."
Thank you Chris Satullo for saying what so many of us know.
And thank you "Freepers" for coming out and showing your true colors. You are entitled to your opinions but not your facts.
Well, Chris, a couple of weeks ago it was the super-liberals who were outraged when you dared to criticize their sometimes dismissive view of religion.
And now, the right-wingers are up in arms about your take on the kooky threats of secession over the health care bill.
All of which goes to show one thing: you must be doing something right!
Sorry, wrong Chris. I have no clue what you're talking about.
That's because he wasn't talking to you. As an original comment, it was addressed to the essayist, Chris Satullo.
No, all it shows is that he's capable of being vituperative toward anyone who rubs him the wrong way.
This commentary upset me. Mr. Satullo is WHYY’s “Executive Director of News and Civic Dialogue.” This is reasoned and civic dialogue? From a nonprofit membership organization?
And let me see if I have this right: the 10th Amendment was used by the racist South, it’s now being used by Republicans against a black president, ergo, Republicans are racists? No other inference can be drawn, since state’s rights is “a stance forever soiled by (Civil War and segregationist) associations.”
So anyone who believes in “federalism” as a proper balance of power is completely out of bounds?
And why insist that opponents of the new health care law have “little love for Obama” and are “insane with anger at a new president”? Is it impossible to conceive that there might be principled opposition to big government? To the policies and not the man?
This from nonprofit WHYY’s top news guy? Is this the level of dialogue that WHYY wants?
And then he caps it off by questioning the patriotism of the people with whom he disagrees! Amazing. Mr. Satullo’s commentary would be right at home at the Daily Kos.
Amazing and, frankly, saddening to this long time WHYY member (who wonders if he is being played for a sucker).
Well said. Thank you!
"Insane with anger", "states are blathering", "wacky attorney general", "these little rebellions", "caterwauling" – just the kind of insightful, respectful and intelligent discussion I love about public radio!
And yes, there is a difference between state-mandated auto insurance and health insurance. The auto insurance you are required to buy is liability insurance to protect other drivers (or property owners) from losses due to your bad driving. Government-mandated health insurance assumes the risk for your health whether you like it or not. You always have the right not to drive, inconvenient or not. The only way to avoid government-mandated health insurance is to stop breathing.
If we should do away with the 10th Amendment, how about doing away with some other things? The Senate is now redundant ever since the 17th Amendment. Let's get rid of that. And how about Public Radio? With the internet and cable TV, everyone has access to public affairs programming and news. Public Radio seems kind of quaint anymore, doesn't it? (no, I'm not really serious).
You're making me question my membership status.
Chris (not Satullo):
You totally nailed it. Funny, a little logic goes a long way, doesn't it? Unlike Satullo's emotional outpourings, which gush in all directions. This guy is a journalist and a former Inquirer op-ed bigwig? Not surprising, but it is a little scary, isn't it?
Actually, getting rid of the Senate is overdue. It grossly violates the principle of one person, one vote, and only made sense when we viewed the country as thirteen nations rather than one.
While I agree with Mr. Satullo in what I take to be his substance, I don't appreciate the tone of the piece and its derision, name calling, and caricature. This sort of essay is designed simply to get people's blood boiling, not to actually shed any light on a subject or convince others. People will either cheer this piece or deride it – that is its only value: to divide and conquer. I listen to WHYY and NPR so that I can be informed without shouting and gross caricature.
Mr. Satullo, please don't turn WHYY into cable news.
Dear spoiled child throwing a temper tantrum in the middle of the floor screeming more, More, MORE, Give ME! MORE!
Since you and your kind have been bought and paid for out of the tax money of us hardworking law abiding independent and personal responsibility loving citizens, we say enough! Since you now make up 51% of the nation and 51% pay no income tax and that total is growing, we admit the free loaders have won. The burden is to great. If we can't fix the system we will not sit idle and allow you to work us to death while continuing to take all we create. I will move to the first state to secede and after a time all you dependent leeches will be left to feed on each other while still sitting in the middle of the floor screaming and yelling, because you'll still not have the common sense to get up and do for yourself.
Dear spoiled child throwing a temper tantrum in the middle of the floor screaming more, More, MORE, Give ME! MORE!
Since you and your kind have been bought and paid for out of the tax money of us hardworking law abiding independent and personal responsibility loving citizens, we say enough! Since you now make up 51% of the nation and 51% pay no income tax and that total is growing, we admit the free loaders have won. The burden is to great. If we can't fix the system we will not sit idle and allow you to work us to death while continuing to take all we create. I will move to the first state to secede and after a time all you dependent leeches will be left to feed on each other while still sitting in the middle of the floor screaming and yelling, because you will never learn the common sense required to get up and do for yourself.
I completely support the idea of people being required to carry health care coverage. It's the only way an insurance program can ever hope to work.
But I hate the provision calling for paying a "penalty" if people do not get the coverage. That implies that such people are law-breakers or low-grade criminals. The word really should be "fee." Yes, you have the right to refuse insurance coverage (if you're lunatic enough to feel that way), but you still must contribute to the system that insures us all as Americans.
I completely agree with Mr. Satullo. The Founders did leave some powers to the States which in some cases were and are abused. The most recent example is the Texas school board mandating the removal of references to Thomas Jefferson from school textbooks because it was Jefferson who spoke of a "Wall between church and state". This is in line with one tenet of the fake-patriot agenda, the demand for a faith-based government – their faith. However some items like nuclear-powered aircraft carriers and the F-16's on them, and equality in voting rights, and access to education and health care, are in the domain of the national government. Tea-baggers, racists, and such need to get out of the way, serious people are trying to get some work done.
"Of course, the notion that we’re really 50 sovereign states is an absurd way to run a nation spanning a continent."
breath-taking in ignorance.
"Remember “state’s rights” was the cry of those who would have preserved slavery and segregation. It is a stance forever soiled by those associations."
actually, "those" were the Democrats back then, who cried states rights.
"First, don’t these rebel states all enforce an insurance mandate of their own: on people who drive cars? What’s the difference?"
exactly right. the state has the mandate…not the feds. BTW.. 2 states do not require insurance. now what ?
Its remarkable that these same patriots were either quiet or (entirely more likely) cheering on the Bush/Cheney Iraq war which has now cost as much as the entire health care bill. And what has the american taxpayer received for this "investment"? Nothing but several thousand dead yound soldiers and tens of thousands more horribly maimed. Lets help these conservatives secede all the way to some place like Somalia…I hear they have no government there so presumably it must be paradise.
Yes, most of them are cheering on the Iraq and Afghanistan wars. And what's remarkable about that is that these wars are not just expensive, but unconstitutional. Yet these peculiarly selective "constitutionalists" don't bat an eyebrow.
yes keep government from regulating healthcare…much better to have it regulated by corporate interests whose only motive, naturally, is profit. The real problem with american healthcare is that there is no cure for dumb as dirt conservatives.
We will have to expect more of this crap form the left. Whenever, we cite the 10th amendment, the leftists immediately conjure up images of slavery, segregation and the South. The 10th amendment is a tool and like any other tool, it can be used for good or ill. A carpenter can use a saw to cut wood or cut off heads; you can’t blame the saw for the result. In this case there is unequivocal evidence of gross federal usurpation of power. A mandate to purchase anything is an absurdity to anyone that believes in liberty.
Now the leftist seeks to redefine patriotism as allegiance to tyrannical regime. Never. America means nothing if it ceases to be the bastion of liberty. I will never swear an oath to a nation no matter how storied its history if its leaders become bastards and enemies of liberty.
Never surrender.
Ive done a bit of searching about this grumpygresh fellow…every american should check out a site he often comments on…it is called Free Republic. These are people who denigrate everyone who do not look or think like them. These are people who think non-conservatives are actually afraid of Sarah Palin, who actually believe that she is capable of being president, who think that the solution to every real problem this country faces is a loaded gun. These "low information" people are unfortunately just capable of operating guns. They think they are in the mainstream, the majority…it is part of their mental illness I suppose. Again, every american should check out this site…to see just how bizarre and dangerous the right wing actually is.
"First, don’t these rebel states all enforce an insurance mandate of their own: on people who drive cars? What’s the difference?"
Yes, they do. I don't agree with it, but *states* have that Constitutional authority….not the Feds.
"Second, have you noticed that this caterwauling about states rights only arises when a Democrat is in the White House?"
No, I haven't. It's just you.
"Third, why is it that, when people on the right talk of defiance and even secession, they still get away with waving flags and calling themselves patriots?"
Because if it were left up to "progressives" to protect us from ever-increasing Federal control, then we'd might as well just stop teaching the Constitution in schools because it's essential principle (i.e. limited government) would be toast.
Obama is a marxist who hates western civilization. Look how he treats western allies, israel, australia etc.