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February 25, 2011 in Idaho
Idaho senators kill nullification bill
Rep. Vito Barbieri, R-Dalton Gardens, opens testimony for HB 117, his health care nullification bill, in a committee hearing Friday morning in the Senate State Affairs Committee. Barbieri said if the national health care reform law can’t be voided by a state, “there is nothing to stop the federal government doing as it pleases when it pleases.”
(Full-size photo)
BOISE - An Idaho Senate committee killed legislation seeking to nullify the federal health care reform bill on a voice vote today after a nearly three-hour hearing, angering a crowd of close to 200 that grew restive afterward, with some members confronting lawmakers.
Lori Shewmaker, of Boise, shouted “coward” at senators as they left the hearing. Others angrily gathered around Sen. Patti Anne Lodge, R-Huston, and one young man told Senate President Pro Tem Brent Hill, R-Rexburg, “You know we’re left with no alternative but to defend ourselves.”
Sen. Russ Fulcher, R-Meridian, moved to send the House-passed measure, sponsored by North Idaho Rep. Vito Barbieri, R-Dalton Gardens, to the full Senate with a recommendation that it pass. But only one other committee member, Sen. Chuck Winder, R-Meridian, voted in favor of the motion.
Two opinions from the Idaho attorney general said the bill, HB 117, is unconstitutional, violating not only the U.S. and Idaho constitutions but lawmakers’ oath of office. The legal opinions also said the measure, in its final form, could have the effect of “opting” Idaho out of receiving more than $1 billion in federal Medicaid funds that pay for health care for the disabled and poor.
All but two of those who testified Thursday supported the bill, many of them vehemently.
Leah Southwell of Coeur d’Alene told the Senate State Affairs Committee, “We have strayed so incredibly far from the original intent of our Founding Fathers. … If the Supreme Court is the final arbiter then no longer are we a republic. We are an oligarchy ruled by a few.”
Jack Stuart of Meridian told the senators, “I will not accept or obey the health care law. I will go to jail. … Give me liberty or give me death!” As he concluded, there were loud whispers of “yes” from the audience, which then broke out into applause and loud whistles. Committee Chairman Curtis McKenzie, R-Nampa, asked the crowd to refrain from showing approval or disapproval of the testimony.
Thomas Rogers of Nampa told the panel, “This is going to create a monster. It’s going to be worse than Dracula.” He urged the senators to “drive a stake through its heart,” and said, “If the government will just get out of the way, we can do a better job.”
Among the two opponents to testify was Donna Yule, executive director of the Idaho Public Employees Association. She told the committee, “If you pass this law and the governor signs it, that very day you will turns thousands of working Idahoans into criminals just for showing up to work in the morning.” She called the bill “a terrible idea.”
Barbieri told the senators, “This is not a nullification bill.” After the first attorney general’s opinion, he and other backers reworked the bill to, among other changes, remove the word “null,” though leaving in the word “void,” as far as Idaho’s stance on the national health care reform law.
He said, “It merely directs state agencies to cease work” on anything related to the new national health care reform law. “We ask them to stop implementing this onerous bill. If we can’t take a stand on this issue, where the court has already decided in Idaho’s favor, there is nothing to stop the federal government doing as it pleases when it pleases.”
Freshman Idaho Sen. Steve Vick, R-Dalton Gardens, also testified in favor of the bill today.
Senate Majority Leader Bart Davis thanked all those who testified, and spoke strongly of his opposition to the federal health care reform law, saying he thinks it’s unconstitutional. But he said the Constitution doesn’t permit states to nullify federal laws.
“I agree that we should do all we can to push the federal government to return to its enumerated powers,” he said. “But for me, I need to do it within the system. … My heart, but not my mind, is with the supporters of this legislation.”
Hill told the crowd, “We’re angry and we’re frustrated, and I have a sacred Constitution that I believe provides for remedies for that.” He said, “I find no constitutional justification for the things that we are talking about here today. I commend you for your goals, for the passion with which you pursue those. I cannot pursue them in the manner that some of you are prescribing.”
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JIMV on February 25 at 1:27 p.m.
The republican senate heard from their base and ignored them completely. I can only hope folk remember when those weasels run again.
SpokaneLiberal on February 25 at 1:41 p.m.
JIMV
They also heard from the Supreme Court, the Attorney General, and the Civil War. Nullification is not Constitutional.
Idahovoter on February 25 at 1:44 p.m.
To get elected, many of these senators actively fanned the flames that distorted the understanding of thousands of people about the balanced constitutional approach in the United States.
Once the fire got out of control, they got burned by it.
It is the same kind of fear mongering that fanned the flames of secession 150 years ago.
If legislators were intellectually honest about their rabid opposition to the law in question, they would pass laws eliminating mandatory requirements that drivers have auto insurance and they would eliminate health coverage for themselves since they can buy it in the market.
fortboise on February 25 at 2:10 p.m.
Base? Yes, but not in the “firm foundation” sense.
The Senate committee heard from the fringe on the top, and dispatched a bill that should have never left the House.
I’ll predict this issue has zero impact in the 2012 election.
Julia70 on February 25 at 3:19 p.m.
Idaho, God knows the republicans need Mental Health Care., Jeez, what morons, Health Care for all, that’s the Christian thing do do, put it to the Jesus test, what did Jesus charge people for healing. Back woodies rednecks.
BRR on February 25 at 3:24 p.m.
The Senators voting against are far from cowards. They took an unpopular but principled stand against a misguided attempt.
Smokie on February 25 at 3:30 p.m.
There was a great banjo concert afterward.
johnclarke on February 25 at 4:38 p.m.
I imagine since the protestors were there in the middle of the work day, they are most likely on gubmint assistance.
D_Eric_Williams on February 25 at 6:32 p.m.
@Julia70 - nationalized healthcare is not the Christian thing to do nor is it something Jesus would advocate. The Bible teaches self government under God not forced “charity.”
SpokaneLiberal on February 25 at 6:43 p.m.
Eric
It also says to pay all taxes without complaint because money is the property of the government.
Ed Byrnes on February 25 at 6:45 p.m.
The late H.L. Mencken observed this about ideological bases supporting either side of the aisle: “Democracy is a pathetic belief in the collective wisdom of individual ignorance.”
homersimpson on February 25 at 7:22 p.m.
Let the Government take care of you yes 14 Trillion in debt, 1.4 billion a day to interest yes they will solve all your problems let me know the ending he he he.
greenlibertarian on February 25 at 10:27 p.m.
Dammit! I was really looking forward to Idaho passing this, and Barry OKenyan ordering in the National Guard to crack the whip (analogy intended) on these idiotic Idaho legislators and health care folk, just like Ike did to the bigoted pols in the south. Kicked their arse, he did. See what happens when you morons defy federal LAW!
Without all the federal largess that the Welfare State of Idaho gets, they’d be a 3rd world country.
Sick and tired of my tax dollars going to these rubes, hicks, and ungrateful malcontents.
escummings on February 26 at 1:58 p.m.
This bill was another fine example of state legislatures wasting their time and taxpayer money. The healthcare bill is one of the most misunderstood bills ever passed. It is not a government “take-over” of healthcare, it does not provide healthcare to illegals. Nothing in the bill prevents anyone from obtaining insurance of their choice from anyone they choose, or from keeping what they have if they are among the fortuneate who have insurance now. Nothing prevents anyone from seeing the doctor they choose. It does prevent insurance companies from dropping you if you get sick. It does force insurance companies to justify rate increases. It does allow people with pre-existing conditions who have been locked out of the system (at any price) to finally get insurance. It also requires that people be responsible for themselves and get insurance, because EVERYBODY needs healthcare sooner or later. This in itself will save millions of dollars and control costs because these people won’t be showing up at the emergency room to become wards of the state.
homersimpson on February 26 at 2:20 p.m.
ObamaCare HB 117 http://www.youtube.com/watch?v=qEZoDBe5My8&feature=mfu_in_order&list=UL