January 26, 2011 in Idaho

Party-line vote in Idaho for ‘nullification’ bill

Betsy Z. Russell The Spokesman-Review

Tags:2011 Idaho Legislature

Betsy Russell photo

Rep. Vito Barbieri, R-Dalton Gardens, pitches “nullification” legislation to the House State Affairs Committee on Wednesday.
(Full-size photo)

BOISE - If Idaho lawmakers can’t “nullify” the federal health care reform law in their state, “then we might as well just get rubber stamps,” Rep. Vito Barbieri, R-Dalton Gardens, declared Wednesday.

Barbieri persuaded the House State Affairs Committee to introduce his “nullification” bill on a straight party-line vote, with all 15 Republicans on the panel voting in favor and all four Democrats voting against. But several committee members said they had serious concerns about the bill.

“Are you … aware that no court in the history of the United States has ever upheld a state effort to nullify a federal law?” Rep. Elfreda Higgins, D-Garden City, asked Barbieri.

He responded, “I do believe no federal court has done that. The difficulty is that the federal courts are an arm of the federal government, so it would be very difficult to imagine an arm of the federal government ruling against itself.”

Rep. Lynn Luker, R-Boise, an attorney, said he’d vote to introduce the bill to allow a full hearing, but said he’s “troubled about the concept of nullification.” He said the bill could undermine the state’s lawsuit challenging the constitutionality of health care reform, a move he backed.

“It took a different tack and it said, ‘We’ll see you in court,’” Luker said. “This particular bill rejects that option basically, and says we don’t submit to the constitutional third branch of the government, which is the Supreme Court of the United States.”

Barbieri, who is an attorney by training but not currently a member of the Idaho Bar, said, “The question becomes, is the Legislature going to become a rubber stamp of everything that the government decides to do, or is the Legislature going to be able to interpose between onerous laws that the federal government decides to implement and its citizens? That’s the question before us.”

Rep. Janice McGeachin, R-Idaho Falls, the new House Health and Welfare committee chair, said, “All health care providers are being strangled with excessive regulation. The states are choking from the federal mandates and regulations and we are in a fight for survival.”

Asked about an Idaho attorney general’s decision that said nullification bills like his would violate both the state and federal constitutions and lawmakers’ oath of office, Barbieri said he’d read it, but couldn’t summarize it because “it’s a three-and-a-half page kind of rambling.”

Rep. Eric Anderson, R-Priest Lake, said he’d vote for introduction to allow more discussion, but he was “very uncomfortable” taking any vote without first reviewing the attorney general’s opinion. “If it’s a violation of my oath to vote for something like this, I’m not going to be involved with that,” he declared.

Barbieri’s bill would forbid state employees from doing anything to implement the federal health care reform law; he estimated that it would save the state hundreds of millions of dollars, though he offered no details.

“It’s inestimable, and that’s the difficulty,” he said.

Committee members arrived to find a free hardback copy of “Nullification: How to resist federal tyranny in the 21st Century” by Thomas Woods, on each of their desks. Rep. Elfreda Higgins, D-Garden City, noted that under the committee’s rules, members need to know who paid for the book, why it’s there, and what role it plays in the pending bill.

Committee Chairman Tom Loertscher, R-Iona, said the book was paid for by the Idaho Freedom Foundation.

15 comments on this story so far. Add yours!

maria on January 26 at 9:45 a.m.
(R) etards
PlanB on January 26 at 10:13 a.m.
Barbieri is overwhelmed by an entire three and a half page opinion? I guess that does require advanced knowledge such as the ability to read and the ability to pay attention for something exceeding one minute.
Kivaari on January 26 at 10:38 a.m.
Maybe the three and a half pages were, “kind of rambling”. Maybe the AG didn’t write a clear opinion, after all we all know attorneys never write off the wall and imprecise comments.
Maybe the (D)umb, folks can’t see the damage the Obummer Health Care law will screw with everyone. Nullification is a tough issue to get upheld, even in criminal cases.
Dazzeetrader11 on January 26 at 11:13 a.m.
Might be tough to get through. This attempt does point out that Obamacare is simply and terribly flawed. Best to get it right before this atrocious bill is in full bloom. We cannot afford the program. Idaho should lock that $2 million up till this is decided.
Something tells me that this Health Care Issue and the new news from Hawaii this morning that there is no discoverable birth ceritficate will plague Obama to the “n” th degree.
Nearly everything he’s done has been pretty radical and most people are not warming to his style…even after 2 years. Resistance to Affordable Health looks pretty real. With the new report from CBO/Meciare confirming that it’ll cost….not save..money simply makes it more unappealing.
oneanddone on January 26 at 11:33 a.m.
Personally I think the snit over Obama’s birth certificate is internet harangue. But could even the most whacked out media circles ever come close to imagining the chaos from a foreign birth? Wouldn’t that make EVERYTHING signed by Oboy null and void? I can see the headlines in the grocery stores now. And Hart would have a whole new justification for welshing on his debts. Honestly though, it seems to me that Hawaii should HAVE to produce a valid certificate.
spencergrainger on January 26 at 11:49 a.m.
A rudimentary civics course would enlighten these people. The nullification strategy is for show, and frankly, a waste of time and money.
hawken on January 26 at 11:51 a.m.
Time for a quick review:
* Obamacare repealed by the House, going to the Senate
*28 States suing the Obama administration concerning to the unconstitutionality of Obamacare, currently ruled to be unconstitutional by the court.
*At my last count, at least 222 unions, businesses and corporations were granted “waivers,” by the Obama administration, from the punishing costs of Obamacare. Weren’t the unions cheerleaders for Obamacare before anyone read the bill? You know, according to Pelosi, “We have to pass it before we know what’s in it.”
‘We’re gonna punish our enemies and we’re gonna reward our friends who stand with us on issues that are important to us.”
Obama quote. Ah! The union waivers make perfect sense. Get behind us to pass the bill and we’ll give you waivers after the fact.
*More than half the country opposes Obamacare.
*Now the Idaho the House State Affairs Committee voted this morning to introduce legislation seeking to “nullify” the federal health care reform bill.
Not only is Obamacare in deep trouble, so is Obama. Especially after his shallow “pep talk” last night.
Even the Huffington post agrees with me!
“But, if President Obama hopes to “win the future” in 2012, his speech came up short Tuesday night. It was certainly a big and earnest move to the center, but it lacked the kind of specifics and innovative policies that the president needs to make America competitive in the 21st Century.”
http://www.huffingtonpost.com/mark-penn/state-of-the-union-did-ob_b_814081.html
Loudin on January 26 at 12:07 p.m.
All in favor?:
Baa, baa.
Baa, baa.
Baa, baa.
Baa, baa.
Baa, baa.
Baa, baa.
Baa, baa.
Baa, baa.
Baa, baa.
Baa, baa.
Baa, baa.
Baa, baa.
Baa, baa.
Baa, baa.
Baa, baa.
All opposed?
Moo.
Moo.
Moo.
Moo.
Blind partisanship is alive and well in Idaho! The motion carries!
Loudin
TOOBAD2 on January 26 at 12:26 p.m.
boy oh boy you sure are in the backwoods if you all have a party-line. must be hard to make phone calls these days. are the router phones too or are the push buttons? you all are talking about phones arn’t ya?
IdahoRebel43 on January 26 at 2:36 p.m.
This is sedition!!!!!
Blondscence on January 26 at 3:12 p.m.
10 states who are doing what Idaho is doing. As Mr Hawken points out, there are plenty of states who think Obama has simply overreached when it come to this and some other “edicts”.
It’s insurrection by the states. This doesn’t look good from Obama. Couple this iwith lousy speech that really said nothing except his usually fantastic ideas for a perfect world and universe, and nobody trusts him anymore. The House will make life difficult and so will the 28 states. He’s gradually being surrounded it seems.
The evidence is mounting that the United States is in decline and he’s presiding over it as well as helping it. We desparatel;y need a new person at the helm. Ask yoursleves why should the us have to waste time and energy to battle someone who isn’t in step with only 20-30% of the population?
Loudin on January 26 at 3:26 p.m.
Blondie: “United States is in decline.”
S/R: “Dow breaks above 12,000 for first time in years.”
You’re just another sour-grapes, partisan hack whining about not getting your way. So goes life for the minority…
fishinjay on January 26 at 3:43 p.m.
“…the question becomes, is the Legislature going to become a rubber stamp of everything that the government decides to do…?
Did he really say that, or is he that unfamiliar with Article 6 of the Constitution? Or, maybe he’s advocating an Idaho declaration of independence and civil war? I’m embarrassed by such “representation” of the people of Idaho.
Blondscence on January 26 at 3:54 p.m.
Loudin..there is no doubt the stock market and wall st are doing very well. I’ve done well right along with Wall St. BUY….now pay attention….MAIN street is where I live and work. Ask someone no monied if the US is keeping up with India or China or even RUssia or Germany. We aren’t.
Unemployment is very high if you haven’t notice. Obama is losing his grip because of his poor performances.
Stock doing well…no doubt! But I’m not sour grapes for me. It’s guy like YOU who need a boost. The workers are the base…and they need help when Obama’s actually hurting them in his quest. SImple really.
Amadeus8888 on January 27 at 6:50 p.m.
Thank you brave patriots for standing up for the Constitution, the separation of powers, and state sovereignty.
Of COURSE federal courts will never limit the power of those who pay their salary (no, not you serfs. … er.. “taxpayers” - the federal government)
We must take a stand and say NO MORE unlawful decrees coming out of DC.
Unfortunately, I don’t think this bill goes far enough, but it’s certainly a good start! .
For those (D)ummies who don’t think nullification is a valid option, well, that means you have beef with the Founding Fathers - the poeple who WROTE the Constitution.
Voting in favor of protecting the people of Idaho from lawless, anti-Constitutional, harmful, decrees coming from D.C. would not only be well within their oath of office to UPHOLD the Constitution, they would be doing PRECISELY THAT! The ones who aren’t upholding their oaths are in the District of Criminals.
God bless you brave representatives who are pushing this. God bless Idaho, and America! Let’s do this and show the rest of the country what it means to have TRUE representation!!!