Governor Perry is an outspoken supporter of the tenth amendment, states rights, and limiting the federal government to those powers given to it in the constitution. However, Governor Perry's fervor for limiting the federal government did not manifest until President Obama assumed office and has not been applied to items such as the Transportation Safety Administration or Education.
In September of 2009, Governor Perry wrote an op-ed discussing the use of stimulus funds to force states to acquiesce to federal rules that the federal government was not allowed to control.
During the 2009-2010 health care reform legislation, Governor Perry was vocal in his view that health care was not a power delegated to the federal government. He called the health care program a unprecedented intrusion into state's rights and that all states should stand up to this unprecedented intrusion in to our lives and the rights of our citizens.
When the EPA moved to control a permitting process in Texas through the clean air act and the possibility of a cap-and-trade scheme, Governor Perry openly stated that such moves were unprecedented attempts to accumulate power within the federal government that were not given to the entity in the constitution.
When New York passed legislation authorizing gay marriage in that state, Governor Perry responded by stating that marriage was not an issue that the federal government was given the power to regulate or sanction. He stated that New York was free to make any laws on the matter they saw fit. Governor Perry has openly stated that he opposes gay marriage.
House Concurrent Resolution (HCR) 50
In April of 2010, Governor Perry supported a measure in the Texas legislature noting the sovereignty of the state of Texas under the tenth amendment. Roughly a year later, Governor Perry issued a press statement stating his continued support for the legislation and his views on the tenth amendment.
Gov. Perry: 10th Amendment a Vital Issue for All Texans and Americans Supports resolutions asserting states’ rights under U.S. Constitution Wednesday, March 09, 2011 • Austin, Texas • Press Release
Gov. Rick Perry today was joined by Texas Rep. Brandon Creighton and State Sen. Dan Patrick, sponsors of House Concurrent Resolution 50 and Senate Concurrent Resolution 14, which assert states' rights under the 10th Amendment to the U.S. Constitution.
"Our founding fathers very clearly spelled out exactly which powers were enumerated to the federal government and explicitly left the rest to the states. However, Washington has extended its reach over the years until the sound concepts behind the 10th Amendment were blurred and lost," Gov. Perry said. "These resolutions boldly affirm the rights reserved to the states by the 10th Amendment to the U.S. Constitution, a vital issue that affects the livelihood of all Texans and Americans."
The resolutions claim sovereignty for Texas under the 10th Amendment, and assert that the 10th Amendment limits the scope of federal power to the powers specifically granted by the U.S. Constitution. The resolutions also call for an end to federal mandates on the states that are beyond the scope of the powers delegated to the federal government by the Constitution.
Additionally, the resolutions call on the U.S. Congress to prohibit or repeal any legislation that directs states to comply with federal edicts under threat of criminal penalties, or that requires states to pass legislation to avoid losing federal funding.
"HCR 50 represents the growing sentiment that the federal government has continued to overreach its power and spending, and sends a message that our nation is a union of individual and sovereign states," Rep. Brandon Creighton said. "The leadership of Gov. Perry, Lt. Gov. Dewhurst, and Speaker Straus on the Tenth Amendment and HCR 50 will enable the Legislature to address the downward economic pressures and avoid collateral damage that costly federal mandates cause for Texans."
"If the Tenth Amendment to the U.S. Constitution is to have any meaning, and it must, the federal government must stop wielding excessive power and influence over the states," Sen. Dan Patrick said. "If liberty is to prevail, it is incumbent upon the State of Texas to restore the rightful meaning of and respect for Tenth Amendment to the U.S. Constitution. The business of Texas is best left to Texans."
The U.S. Constitution was specifically designed to limit the powers of the federal government, and leave all other powers to the states and to the people. A number of recent federal proposals are outside of the scope of the federal government's constitutionally designated powers and impede the states' right to govern themselves, such as Obamacare, the EPA's takeover of Texas' successful air permitting program, and a misguided amendment to the education jobs bill filed by Rep. Lloyd Doggett in his attempt to require the governor to make assurances in violation of the Texas Constitution.
Message to Feds
On September 15, 2009 Governor Perry issued a statement on his campaign website and on BigGovernment.com discussing the tenth amendment and the need for states to be able to determine their own economic future without the federal government.
Message to Feds: Enough! Remember the 10th Amendment
September 15, 2009 BigGovernment.com Rick Perry
As the federal government continuously churns out ideas and policies that drive our nation deeper and deeper in debt, citizens and taxpayers are right to be worried. From federal “stimulus” bills that force state governments to change laws, raise taxes and increase spending, to cap and trade proposals that will run our energy industry into the ground, to emerging plans for an unprecedented and unsustainable expansion of government health care, it is clear that the swollen river of our federal government has overflowed its banks.
Washington is increasingly out of step with folks out here in flyover country who do not share the inside-the-Beltway belief that a benevolent, all-knowing government can expand and encroach without limit, because individual Americans simply cannot be trusted to make right choices.
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This mindset has driven the explosive growth of the size, spending and intrusiveness of the federal government. Our founding fathers would be appalled at the way their successors are ignoring individual liberties, contemplating more tax increases and interfering further into private enterprise.
Washington bureaucrats must be reminded that America is not some windowless laboratory where they can tinker with theories with no regard to consequences. Real harm is resulting from policies that are disastrous for America’s future, bankrupting our country, and mortgaging our children’s future. Fear of this emerging future and frustration with an administration run amok are fueling the resurgent interest in the 10th Amendment of the U.S. Constitution. “We the people” are standing up and demanding an audience.
It drives the talking heads crazy, but I’m proud of those level-headed Americans who are pushing back through the growing TEA Party movement. This groundswell of classic American activism is giving citizens a conduit for their beliefs and sending a clear message they will not stand idly by as Washington’s spends their tax dollars and limits their freedoms with increasing arrogance. I predict that our increasingly frustrated national electorate will look to the states for answers, starting with Texas.
The success of the Lone Star State has proven that the journey to a desirable future begins with fostering individual liberty and encouraging personal responsibility while celebrating the entrepreneurial spirit. Our relative economic strength is proof that people thrive when given the opportunity to strive with minimal government interference.
In 2003, our Legislature’s first order of business was tackling a $10 billion deficit. Fortunately, conservative leadership principles prevailed and we cut spending to right our listing ship of state. Six years later, Texas has a balanced budget with money set aside to cover contingencies and leads the nation in exports, Fortune 500 companies and economic vitality. At last check, our unemployment rate was nearly two points below the national average.
Because Texas leaders not only cut spending but also pushed through tort reform and began sensible investments in job creation, our state is in much better shape than just about any other. Our reformed legal system has not only protected employers from frivolous lawsuits, it has also increased access to healthcare for our citizens while lowering their overall costs.
This continued application of proven, conservative fiscal principles and unapologetic embrace of individual liberty has created a magnetic pull on business owners and citizens looking for a fresh start. We haven’t been adding roughly one thousand people to our population every day solely because of our great live music and barbeque. That certainly doesn’t hurt, but folks are more attracted to a climate where people know they can not only risk their capital with a chance for a good return, they can also enjoy a quality of life that is unreachable in most other states. People come to Texas for the modern version of the classic American dream.
Our success notwithstanding, you won’t catch Texas resting on its laurels or abandoning its principles. During our recent legislative session, we turned a few heads when we refused federal unemployment funds that would have mandated increased taxes over the long term and more government expansion. We also cut taxes for 40,000 small businesses, knocked out legislation that would have opened the door to frivolous lawsuits, and passed bills that will improve education by bolstering our universities and increasing accountability in our public schools.
I’m pleased that a number of other states are taking a similar tack by drawing clear lines and standing on proven conservative principles. Fortunately for their citizens, leaders like Bobby Jindal of Louisiana and Haley Barbour of Mississippi are also standing tall in the face of a metastatic federal bureaucracy. We can only hope that more states will follow suit and pursue reforms that actually work.
Barring the unforeseen and unlikely event that the powers-that-be in Washington wake up and change their approach, people will continue to press for limited government, endure in their belief in the power of the individual, and cast their lot with the protections of the Tenth Amendment. Hopefully, exercising our speech rights guaranteed by the First Amendment will finally rouse Washington from its slumber and bring our nation out of this recession, strengthen our Union, and chart a course to long term prosperity and opportunity for all.
State's Rights and Health Care
In December of 2009, Governor Perry sent a letter to other governors asking them to stand with him and assert state's rights against the proposed health care reform legislation.
Gov. Perry: States Must Stand Up to Unprecedented Federal Intrusion Texas to review constitutionality of Nebraska compromise Wednesday, December 23, 2009 • Austin, Texas • Press Release
Gov. Rick Perry today sent a letter asking other governors to join him in ongoing efforts to assert the constitutional rights of states as guaranteed under the 10th Amendment with regard to the federal health care bill being forced through by Congress. He urged the governors to support and join efforts by Texas Attorney General Greg Abbott and several other state attorneys general to determine the constitutionality of a compromise in the pending federal health care legislation exempting the state of Nebraska from increased Medicaid costs resulting from the bill’s passage.
"As the chief executive officers of our individual sovereign states, we must stand up to this unprecedented intrusion in to our lives and the rights of our citizens. We must demonstrate resolve in the face of this infringement,” Gov. Perry wrote in the letter. “Texas Attorney General Greg Abbott is joining with several other state attorneys general to place this deal under proper scrutiny, to determine if such an exclusion is unconstitutional. His office, along with mine, will continue to explore all options available to us as we attempt to minimize the damages that can be caused to Texans by this ill-advised piece of legislation."
In Texas, this health care bill will cost up to $21 billion over the next 10 years, adding an estimated 2 million more people to our Medicaid rolls.
In his letter the governor emphasized that this bill will impose unprecedented intrusion in to the lives and the rights of citizens by mandating that every American purchase health care coverage or face penalties. Additionally, taxpayers in Texas and in most other states will pay even more to effectively subsidize expanded Medicaid for Nebraska and select states that caught additional sweeteners on issues like rural health care and Medicare Advantage for some seniors in a few states.
In Mid 2009 Governor Perry appeared on the Mark Davis program and spoke about Obamacare and state's rights. He is asked about states standing up to federal over-reach in health care and other areas. He responds that he hopes and believes that many states will stand up and say "No" when the federal government attempts to expand it's power. He states that he is both ready and willing to do so if Obamacare passes.
Clean air act and the EPA
When the EPA moved to take control of a permitting process that was given to the states, Governor Perry stated his opposition to such a move, that the state was acting to clean it's own air and that Texas's economy was strong. He notes that the EPA has not ruled on the Texas process, but an activist EPA is over-stepping it's powers. He called upon President Obama to recognize Texas's rights and reign in the EPA.
CPAC Speech
During his 2011 speech at the Conservative Political Action Committee, Governor Perry states that he is in favor of the Madisonian view of the powers of the federal government in relation to the powers of the states.
I am reminded of James Madison's perspective from Federalist number 45. He said that the powers delegated by the proposed constitution to the federal government are few, and they are defined. Those which are to remain in the state government are numerous and indefinite. I like that. I am a Madisonian.
Gay Marriage is a State's Rights Issue
On July 23, 2011 Governor Perry was speaking at a GOP event in Colorado and stated that while he opposed gay marriage personally, he believed that the matter was one that should remain at the state level.
Our friends in New York six weeks ago passed a statute that said marriage can be between two people of the same sex. And you know what? That's New York, and that's their business, and that's fine with me. That is their call. If you believe in the 10th Amendment, stay out of their business.
Campaign Website Statements
Issues - 10th Amendment and the Fighting Intrusive Washington Policies
Federal Healthcare Reform. The federal government is spending huge amounts of borrowed money on fixes that don't necessarily solve the problem. The "one-size-fits-all" approach to healthcare just doesn’t work because it hinders Texas’ ability to apply local solutions to local problems and stifles the sort of innovative solutions that states can create when given the chance. The current proposals circulating through Congress could cost Texas up to $21 billion over the next 10 years. A better solution to healthcare challenges should be to allow states greater flexibility to address their own unique needs, and should focus on delivering care as cost-effectively as possible. A free market approach that promotes more competition and innovation will help bring about improvements to access and quality.
Under Gov. Perry’s leadership, Texas has proposed its own healthcare alternatives which include promoting reforms to the small employer health insurance market, working to reduce the number of uninsured Texans by restructuring federal Medicaid funding to reduce reliance on expensive emergency room visits for non-emergency care, and make it easier for the working poor to buy into employer-sponsored health coverage. Gov. Perry outlined his vision for such reforms in a waiver request that has been languishing before the federal government since April 2008.
