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Pennsylvania Legislators Unveil State Sovereignty Bill


By Michael P. Tremoglie, The Bulletin
Wednesday, March 25, 2009
Joined by an Oklahoma lawmaker, state Rep. Samuel E. Rohrer, R-128th, of Berks County, and state Sen. Mike Folmer, R-48th, of Lebanon County, held a “State of Independence” rally in Harrisburg’s Capitol Rotunda last week.

They unveiled a resolution that was designed to defend the rights of Pennsylvania as a sovereign state under the Tenth Amendment to the Constitution. It was formally submitted to the state legislature on Friday.

“The quiet consolidation of power by the federal government is a threat to all citizens, because too much power in too few hands ends in tyranny,” Mr. Rohrer said. “The days of federal politicians taking credit for bold initiatives while silently shifting the costs to state treasuries must come to an end.”

Messrs. Rohrer and Folmer were joined by Oklahoma Republican state Sen. Randy Brogdon, who introduced a similar measure in the Oklahoma Legislature. State lawmakers from New Hampshire, Arizona and South Carolina also participated through pre-recorded remarks.


The lawmakers’ measure — a joint resolution for consideration by the Pennsylvania House and Senate — is part of a movement taking place in states across America to reaffirm their sovereign rights under the Tenth Amendment, which 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.”

The joint resolution, which was introduced by Mr. Rohrer in the House and by Mr. Folmer in the Senate, chides federal lawmakers for exceeding their constitutional limits on authority and urges them to stop any future federal mandates or funding enticements that are inconsistent with their powers as enumerated in the U.S. Constitution.

Mr. Rohrer pointed specifically to federal funding schemes that “bribe” state lawmakers by encouraging them to expand government programs in exchange for increased federal funding.

“Basically, you have a taxpayer in Pennsylvania who sends their tax dollar to Washington, D.C., and the federal government uses that tax dollar to bribe state lawmakers to expand a program that otherwise would be too costly to operate,” Mr. Rohrer said. “With the federal government providing incentives for states to overspend, is it any wonder so many states are facing budgetary problems?”

For the 2008-09 fiscal year that will end in June, the federal government provided approximately $18.6 billion in funding to Pennsylvania’s state government. That money does not include any additional funding that may be forthcoming under the recently enacted federal stimulus plan. Every dollar in federal funding has some form of restrictions — or strings attached — that limits that state’s freedom to spend it in the areas deemed most appropriate by state lawmakers.


“We have federal lawmakers in Washington, D.C., telling Pennsylvania what its priorities ought to be,” Mr. Rohrer said. “That means you have federal lawmakers from San Francisco and New York City setting priorities for Pennsylvania. That shouldn’t be happening.”

In addition to the funding issue, Mr. Rohrer pointed to other policies enacted by the federal government, which he argues go beyond its authority as outlined in the Constitution. Specifically, Mr. Rohrer pointed to:

• A federal law (Real ID) requiring states to create new, intrusive personal identification cards

• The No Child Left Behind (NCLB) law, which pressures states and local school districts to conform to federally mandated education policies

• Federal programs and regulations that intervene in the private health care market and place undue restrictions and burdens on doctors and patients

“As time goes on, the federal government has become more involved in areas where it has no constitutional authority to do so,” Mr. Rohrer said. “We’re at a breaking point. If states don’t start to push back and hold federal politicians accountable under the Constitution, we could very easily lose the republic that our Founding Fathers fought so hard to create.”

The resolution was referred to the state government committee. If adopted by the General Assembly, it would not have the effect of law, but it would be a symbolic expression of the legislative body’s sentiments.

Michael P. Tremoglie can be contacted at mtremoglie@thebulletin.us



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