Panel To Defend States’ Rights Ok’d

State senators overwhelmingly approved legislation Monday to create a Constitutional Defense Council, which critics call a trust fund for lawyers.

The council, which would defend states’ rights and battle federal mandates, passed the Senate on a 29-6 vote and now heads to the House.

North Idaho Sens. Tim Tucker, D-Porthill, and Mary Lou Reed, D-Coeur d’Alene, dissented.

Tucker said the attorney general already exists to defend states’ rights and has the money to respond to any attacks on state sovereignty.

“The attorney general is downstairs with an excellent staff; his office has represented us very well,” said Reed. She said the million-dollar price tag on the council amounts to a legal slush fund for lawyers.

“The attorney general couldn’t adequately do it without more money,” responded Sen. Marguerite McLaughlin, D-Orofino, who jumped party lines and voted for the proposal along with Republican senators Clyde Boatright of Rathdrum and Gordon Crow of Coeur d’Alene. McLaughlin said the concept of defending states’ rights is near and dear to her because of the federally proposed drawdown of Dworshak Reservoir in her district.

“They’re talking about making a mud hole of the shoreline,” she said.

Senate President Pro Tem Jerry Twiggs, R-Blackfoot, cited the recent conflict between federal fish and wildlife officers and the sheriff of Lemhi County over wolf reintroduction.

“These are decisions that should be made on a state, not a federal, level,” said Twiggs.

He said he’s “not interested in seceding from the union” but is excited about “the possibility of several states banding together to tell the federal government ‘we will not accept your mandate.”’

The council would consist of the governor, the attorney general, the House speaker and the Senate president pro tem.