The hypocrisy of the Tenthers and states’ rights defenders
Conservative Republicans make a great show about states’ rights these days. It’s all the rage. The Tenth Amendment, they say, limits Congress to those areas in which the Constitution explicitly empowers it to act. All other responsibility resides with the states. They’re also not real happy with the way the commerce clause — in their eyes — has been stretched to apply to areas well beyond what the Founders intended, particularly health care.
Georgia’s Republican congressmen have been among those leading that charge. U.S. Reps. Phil Gingrey and Tom Price — both of whom happen to be physicians — were co-sponsors last year of a resolution declaring that “the very future of freedom and limited government depends on a restoration of American federalism and a real decentralization of government power.”
In remarks on the House floor, Gingrey has protested bitterly against a “‘Washington-knows-best’ solution and a one-size-fits-all approach,” and both men supported a new House rule requiring bill sponsors to cite a specific power enumerated in the Constitution that would authorize the proposed action.
Of course, the true test of your allegiance to principle comes not when you try to use it to restrict what the other guy does, but when you apply it to yourself. It’s all well and good to preach about the sanctity of marriage vows, for example, but the real test comes in whether you honor those vows in your own life.
So I found it interesting that earlier this week, the House Judiciary Committee decided to brush aside supposed concerns about federalism and states’ rights. By a vote of 18-15 — all Republicans for, all Democrats against — it approved a law that would directly pre-empt and override state laws and longstanding state authority and intrude on states’ rights by imposing a federal, one-size-fits-all solution.
The issue was medical malpractice, a favorite conservative cause. According to Politico, the bill in question would put a “three-year statute of limitations on medical lawsuits, cap non-economic damages at $250,000, and limit punitive damages to $250,000 or twice the economic damages, whichever is greater.”
For the moment, let’s set aside debate on the merits of the law and focus on its necessity: Why should Congress interfere in such an area, given that most medical malpractice suits are argued in state courts, under state laws? Until now, every state has had the right to decide such issues on its own. Some states have tough laws, some have more lenient laws. That’s the essence of states’ rights, as I understand it. So what’s the justification for imposing what Gingrey might call “a Washington-knows-best’ solution”?
More importantly, where exactly in the Constitution does it say that Congress shall be empowered to dictate to state governments, state courts, state judges and state juries how they should handle state cases of alleged medical malpractice? What’s the source of that federal authority? I’ve looked in my handy pocket Constitution, and I can’t find such a provision anywhere. Under conservative legal theory, it certainly can’t be the commerce clause, given that the commerce involved is strictly intra-state, not interstate. Most people do not cross state lines to get medical care.
Curious, I went digging into the Congressional Record. Under new House rules, remember, sponsors are required to cite congressional authority for their proposed bill. And sure enough, on Jan. 24, the bill’s sponsor — a “Mr. Gingrey of Georgia” — cited the commerce clause as his authority.
– Jay Bookman
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494 comments Add your comment
Paulo977
February 18th, 2011
10:30 am
FIRST!!
larry
February 18th, 2011
10:31 am
But……but……………but health care reform is unconstitutional according to the same Article in the constitution.
hypocrisy, its one of the Republican platforms .
josef nix
February 18th, 2011
10:33 am
The Tenth! Almost as much fun as the Second! Let the games begin…
Southern Comfort (E.O.I.)
February 18th, 2011
10:34 am
Jay
Remember the first rule of Logical Political Actions: It’s ok if you are a Republican!!!!!
They don’t have to follow the examples or values they preach about. They only have to pay lip service to them to get full credit with the base. It’s those darned Liberals who have to actually perform those actions to get 10% credit.
Doggone/GA
February 18th, 2011
10:34 am
“hypocrisy, its one of the Republican platforms”
Platforms? Hell, it’s their FOUNDATION
Southern Comfort (E.O.I.)
February 18th, 2011
10:39 am
LOL @ Doggone!!!!!
stands for decibels
February 18th, 2011
10:40 am
sure enough, on Jan. 24, the bill’s sponsor — a “Mr. Gingrey of Georgia” — cited the commerce clause as his authority.
In a civilized country, this bit of information would be considered the smoking gun, the thing that made the oppo party collectively own up to how they had no case against the constitutional legality of the ACA, and they’d slither off with their tails between their legs and try to focus on some other creative means by which they could rob from the poor and give to the rich.
Peadawg
February 18th, 2011
10:46 am
“They don’t have to follow the examples or values they preach about”
I’ll take the GOP, who actually preach values, over the Dems who preach no values at all. That’s why Dems get away with a lot more in the media and whatnot. I guess you can’t be a hypocrite if you don’t have any values/morals to begin with, huh?
Haywood Jablome
February 18th, 2011
10:46 am
“the very future of freedom and limited government depends on a restoration of American federalism and a real decentralization of government power.”
OK, who ordered this steaming pile of conservative hyperbole? If you can eat the whole thing, you get another one for free!!!
Don’t worry we get plenty of steaming fresh piles several times a day. Some people just can’t get enough.
You want some tea with that?
Granny Godzilla
February 18th, 2011
10:47 am
and I should be surprised?
ah nope.
at least they remembered to note the constitutional authority on this one…the house has missed a couple of those already this session.
josef nix
February 18th, 2011
10:48 am
“Woe unto you, Scribes and Pharisees, hypocrites! for ye devour widows’ houses, and for a pretence make long prayer: therefore ye shall receive the greater damnation.”
(Matthew 23:14)
Didn’t say whether he was talking about Democrats or Republicans…hmmmm
Bosch
February 18th, 2011
10:49 am
No Peadawg — it’s not that Dems have no values, it’s that they don’t feel it is their place to impose their beliefs on others as is a favorite activity of the GOP.
Bosch
February 18th, 2011
10:52 am
….or in other words Peadawg, the Democrats, unlike the GOP, actually espouse to keep government out of our personal lives…something, again, the hypocrites in the GOP like to preach about, but their actions prove otherwise.
Paulo977
February 18th, 2011
10:53 am
Interesting unreported ‘bit’ of news
http://www.dailyfinance.com/story/investing/philly-fed-survey-recovery-taking-hold/19848790/
Dave R.
February 18th, 2011
10:54 am
“More importantly, where exactly in the Constitution does it say that Congress shall be empowered to dictate to state governments, state courts, state judges and state juries how they should handle state cases of alleged medical malpractice? What’s the source of that federal authority? I’ve looked in my handy pocket Constitution, and I can’t find such a provision anywhere. ”
No such language exists, Jay. Neither did any such language exist to allow for Social Security, Medicare, etc, etc, etc.
You LIBS opend up this Pandora’s box. You went and made health care a NATIONAL issue, and now you have to live with the consequences of that overreach by having the adults fix your mess. Plus, each individual state got involved with setting insurance winners and losers by restricting who can and cannot sell insurance in a given state, and have also contributed to the mess.
It’s now four states and counting as to those who now refuse to abide by Obamacare, and the DOJ is now asking the judge to clarify his decision in Florida as to the scope of his ruling, which will likely cause an injuction being placed ON THE WHOLE BILL.
You’ve got states making their own laws when the Feds won’t enforce their own, and you have governors telling the President to butt-out of state’s business.
The re-emergence of state supremacy over the Federal government has begun, and it can only lead to a better America for those who value freedom and liberty.
Keep up the good fight!
February 18th, 2011
10:54 am
So when do the Republican governors sue to stop this?
stands for decibels
February 18th, 2011
10:55 am
Haywood @ 10.46, your post reminded me of this oldie-but-goodie…
Peadawg
February 18th, 2011
10:55 am
Bosch @ 10:49
Ah ok, thanks for clearing that up for me.
Dave R.
February 18th, 2011
10:55 am
“or in other words Peadawg, the Democrats, unlike the GOP, actually espouse to keep government out of our personal lives”
Just not our wallets . . .
Bosch
February 18th, 2011
10:56 am
Peadawg,
You’re welcome….somebody has to.
Bosch
February 18th, 2011
10:57 am
Dave R.,
Again, it’s about personal responsibility…everybody gets sick, everybody should pay for it, not just those who have insurance.
Jimmy62
February 18th, 2011
10:58 am
The Dems have made health care a national thing controlled by Congress. In order to fix the problems the Dems created, the GOP has to resort to measures it would prefer not to use. But since the Dems made a mess at the Federal level, the only way to fix it is also at the Federal level, and tort reform, if done correctly, can help control rising health care costs brought on by various regulations, and the chaos the Dems have made of the entire sector.
Joe the Plutocrat
February 18th, 2011
10:58 am
as I said yesterday, the Constitution itself is one big “loophole”. plutocracy in action.
Keep up the good fight!
February 18th, 2011
10:59 am
You LIBS opend up this Pandora’s box. You went and made health care a NATIONAL issue, and now you have to live with the consequences of that overreach by having the adults fix your mess
So how exactly are the “adults” fixing this with this federal bill also citing the commerce clause…and do try to be precise without the rant.
larry
February 18th, 2011
11:00 am
Health care is a national issue , is it not? Don’t everyone use and consume health care ? That makes it part of interstate commerce. And makes it constitutional.
josef nix
February 18th, 2011
11:00 am
What was it Paracelsus said when informed that he had been excommunicated by the Pope
AND Luther, “The Pope and Luther discussing theology is like two wh*res discussing chastity.”
Welcome to a slow day here at Belle Watling’s…
Jimmy62
February 18th, 2011
11:01 am
Bosch: The Dems don’t want to impose their beliefs one others? What country have you been living in? Conservatives don’t believe in paying the way of failures, yet the Dems forced us to pay for the failures of GM, Chrysler, and millions of homeowners around the country.
And while I can’t say I disagree with certain other things the Dems have forced on everyone else, the list is a mile long.
Tommy Maddox
February 18th, 2011
11:02 am
Dr. Gingrey is probably already aware that the medical mal caps in Georgia were struck down by the State Supreme Court. This tort reform business propped up by the party of my choice does nothing but interfere with a jury’s right to decide [and a litigant's right to trial so as to obtain] an appropriate damage award.
Hy Dr. Gingrey – you cannot put a limiting price tag on the value someone’s sight, the ability to play ball with your sons, or the ability to walk your daughter down the aisle.
Dusty
February 18th, 2011
11:02 am
Well well, Bookman throws down the glove demanding a fight but the glove is worn thin. Muskets or rusty swords?
How many time can you call a Republican the ugliest name you know and expect it to sound fresh? Doesn’t work any more. Worn out! Tattered! Dirt stained and pitiful!
I’d rather play with Watson. But even he can’t make biscuits without a recipe I hold up my floured hands to prove it. So squeal away, my fine friends. We’ll get 500 echoes here all repeating the same thing and making Bookman happy..
A pox on hypocrisy, you ol repeaters. Go bite a biscuit. At least you’ll be nourished instead of smothered with repetitious insults…
Doggone/GA
February 18th, 2011
11:03 am
“Just not our wallets . . .”
Republicans start two wars, keep the cost off the books, “pay for it” with a tax cut and then institute our largest ever “borrow and spend” programs…but it’s DEMS who are “in” your wallet? Guess again.
Peadawg
February 18th, 2011
11:04 am
Larry,
What would stop the gov’t from mandating we all buy a car from GM to help them recover??? What’s to stop the gov’t from mandating we all get a loan from, say Wells Fargo, if they’re in trouble? Mandating health care is opening pandora’s box that doesn’t need to be opened.
larry
February 18th, 2011
11:04 am
Tommy Maddox
February 18th, 2011
11:02 am
Agree………agree……………agree
Jerry Grillo
February 18th, 2011
11:06 am
Ah yes, Gingrey and Price, two “doctors” who took the hypocritical oath.
Bosch
February 18th, 2011
11:07 am
Jimmy,
Those “beliefs” have been paid back. Your point?
larry
February 18th, 2011
11:07 am
Do people die if they dont buy a car from GM or get a loan from Wells Fargo ? No they dont. Do they die if they do not use and consume health care? yes they do.
Bosch
February 18th, 2011
11:09 am
Peadawg,
Stay away from the slippery slope — not everybody has to have a car, everybody does get sick — you’re comparing apples to oranges — one of your strong suits.
Joe
February 18th, 2011
11:09 am
Jay nailed it.
And it’s exactly the same with the Republican’s only other health care “solution”—allowing insurance companies to sell across state lines. That proposal would essentially be the federal government telling elected officials at the state level that they can’t regulate health insurance companies that are selling coverage in their respective states.
Whether you agree with these proposals or not, the states’ rights crowd is for states’ rights—except when they’re not.
Peadawg
February 18th, 2011
11:10 am
larry, lol your argument doesn’t make any sense. My point was what is stopping the gov’t from mandating us to buy ANY private product if they can just sight the commerce clause and vuala! you have to have to buy so-and-so product or pay a fine?
Some People are stupid
February 18th, 2011
11:12 am
Jimmy62-
Conservatives don’t believe in paying the way of failures, yet the Dems forced us to pay for the failures of GM, Chrysler, and millions of homeowners around the country
So I guess you are conveniently forgetting about the Bank Bailout pushed by Bush…
Bosch
February 18th, 2011
11:13 am
“My point was what is stopping the gov’t from mandating us to buy ANY private product if they can just sight the commerce clause and vuala! you have to have to buy so-and-so product or pay a fine?”
Your point might be valid if at anytime in the history of this country, the government has forced people to buy a product from a particular company, which, to my knowledge has never happened.
Southern Comfort (E.O.I.)
February 18th, 2011
11:13 am
Peadawg
So, I can count you as one of those who enjoys getting smoke blown up the anal orifice…
joe
February 18th, 2011
11:15 am
Unions are just like herpes…don’t want them, but if you live a lifestyle where you happen to be inflicted, they are impossible to get rid of.
Dusty
February 18th, 2011
11:16 am
There they go…”Republicans start two wars”……….Oh yeah, …skip over Congress led by Democrats who approved those “two wars” and blame it on …..THE REPUBLCIANS!!!! Hot dog Go for it with mustard, onions, chili and the whole works.!
Oh lal lalalala na nana na na Dems were made in heaven. Republicans were sent from ……U know where!!!! Repetition, thy name is LIBBY DEM!
larry
February 18th, 2011
11:17 am
My argument makes plenty of sense………….. everyone in this country is a user of the health care system in this country, one way or the other everyone pays for the use of the health care in this country.
Whether they go to the dr.’s office or the emergency room, everyone pays, including me and you.
Peadawg
February 18th, 2011
11:18 am
Bosch, see my 11:10.
“you’re comparing apples to oranges — one of your strong suits.” – LOL nope. I’m not one of the ones that brings up car insurance when talking about hc mandate.
Jimmy62
February 18th, 2011
11:18 am
Some people: Not at all. I was very against that, as were a lot of conservatives. You might have noticed a little thing called the Tea Party, launched as a reaction against all the bailouts?
My point is that it’s completely inane for someone like Bosch to say that the Democrats don’t try to force their beliefs on others. I agree with the results, but what was the civil rights movement, other than trying to force their beliefs on others? The gay rights/marriage movement? Pro-choice movement?
Never once did I say conservatives don’t do that, too. My point was simply that Bosch’s statement showed a lot of ignorance, and that Democrats over and over and over again try to force their beliefs on the rest of us.
Bosch
February 18th, 2011
11:19 am
No, Peadawg but you bring up red herrings that make no sense when talking about the health care mandate.
Do you have health insurance now? If so, why do you like paying for others health care costs? If not, then you are free loading off mine — so, stop it.
Doggone/GA
February 18th, 2011
11:20 am
“skip over Congress led by Democrats who approved those “two wars”
History isn’t your strong suit, is it? Congress was not “led” by the Dems in 2001. Yes, some of them voted approval for the “Use of Force Authorization” and I have spit on them here repeatedly for doing so.
Peadawg
February 18th, 2011
11:20 am
“Your point might be valid if at anytime in the history of this country, the government has forced people to buy a product from a particular company, which, to my knowledge has never happened.” – You’re correct. This hasn’t happened in history…..until now. So again, what’s to stop Obama from doing this again for something else? Like I said… Pandora’s box shouldn’t be opened.
Left wing management
February 18th, 2011
11:21 am
Tom Price?
Phil Gingrey?
Are you friggin kidding me?
Say, it possible to be white-skinned and get elected to office in this state without being a neo-cracker who’d be a great extra on the set of Matlock?
Whatever comes out of these neo-crackers’ mouths when they open them don’t mean diddly, to quote one of those other candidates for national office who sounds like a character on The Andy Griffith Show.