10th Amendment Under Assault–Obama, Federal Government In Direct Violation

posted at 3:51 pm on May 16, 2009 by

While the Sacramento Bee today attempts to argue that the Federal Government is preventing the state from making budget cuts, the author uses two separate programs (inclusively) to make the case:

Federal strings prevent some state cuts

By Rob Hotakainen  (Sacramento Bee)

 

WASHINGTON –As California Gov. Arnold Schwarzenegger tries to plug a budget hole that could swell to more than $21 billion next week, he’s quickly discovering a universal truth: Uncle Sam controls the strings.

The Republican governor and state officials find themselves unable to cut spending as deeply as they’d like in some areas because of the potential loss of federal funds. Schwarzenegger wants to save $750 million by rolling back the state’s Medi-Cal program, tightening eligibility and reducing benefits.

It won’t necessarily be easy…….link

Rob Hotakainen makes the claim that the Feds are dictating where the money goes when supplying the lions share of Medi-Cal payments and then includes the states attempt to reduce union compensation, (which is now the bulk of California’s employment), as a reason for the concern:

“To get his way, the governor needs special permission from the federal government, which pays the lion’s share of the costs. It’s an example of the many restrictions that Congress ties to its programs, making it more difficult for states to act on their own when times get tough……..”

“State officials learned how difficult it can be to make cuts just last week, when the Obama administration accused the state of running afoul of stimulus rules and threatened to withhold nearly $7 billion in federal aid.”

“The administration told the state it must scrap its plan to reduce the state’s contribution for home health care workers from $12.10 to $10.10 per hour. The home health care workers are members of the Service Employees International Union, which endorsed President Barack Obama election.”

Here’s the problem with this story; the two programs are apples and oranges which I provided in the comment section of this post:

“By the way, nice spin Mr. Hotakainen on attempting to provide two different programs while labeling “both” the same problem.  When the Feds provide the “lions” share of Medi-Cal payments they should have the right to make sure these payments go to those who need it and not to paving roads, etc.  But when the Fed says this state may not make union concessions, (which has become the bulk of this states employment), they are in direct violation of the 10th amendment, and Obama/the Feds will hear from our judicial system, i.e. the Supreme Court.  Your comparison/inclusion of the two programs are complete apples and oranges.”

While the Federal Government may have the right to direct funds to the state in regards to disability payments (Medi-Cal) because they do supply close to 80% of those funds, the REAL VIOLATION is dictating to the state how they can negotiate policy and concessions with their unions.  California has billions in offshore oil revenues that could bring this state out of its fiscal nightmare and prevent national dependency of our foreign “partners”.  Crude prices are on the rise again that will suck what little money the consumer has to feed this economy.  But the “leadership” in both this state and the federal government choose to quibble over a two dollar union concession.  Like our dearly departed getalife once said: “ADULTS ARE IN CHARGE”…………RIGHT!!!!!  

Blowback

Note from Hot Air management: This section is for comments from Hot Air's community of registered readers. Please don't assume that Hot Air management agrees with or otherwise endorses any particular comment just because we let it stand. A reminder: Anyone who fails to comply with our terms of use may lose their posting privilege.

Trackbacks/Pings

Trackback URL

Comments

Sorry folks….had a glitch in my post that cut off comments. I think it’s fixed now.

Rovin on May 16, 2009 at 4:11 PM

The lesson learned seems to be to keep the Feds out of State politics… Arnold should bring Boxer, Feinstein, and the Piglet into the spot light here. Ask the big three what they are doing in DC to address the power grab the WH is pulling on the citizens of California. Back those worthless scumbags up against the wall and expose them to the people at the same time. Arnold should also as the media in California what they are doing in the way of “watch dog” over this power grab.

I know, I know; Arnold is one of them now. I can always dream he really was a Republican…

Keemo on May 16, 2009 at 8:13 PM

States need to start directing all businesses and taxpayers to send federal tax payments to theie state treasury instead of the US treasury. Then the states can transfer money for their taxpayers to the US thought.

States could attach strings, like no more than x% of the federal budget for expenses not authorized in the constitution.

Obama does not ask for permission to use taxpayer money for extortion. Why should states ask permission to stop letting the feds control their money.

If the feds won’t respect the 10th amendment, states are under no obligation to respect the 16th amendment.

Right_of_Attila on May 16, 2009 at 8:48 PM

From VDH:

Nevertheless, I think we are beginning — after less than four months — to see fissures in Obama’s Pentelic statuary. And the cracks will widen, because in about six areas he has taken on human nature itself, age-old logic, and common sense-opponents that even a Harvard Law degree and Chicago organizing are no match for.

1) The Rule of Law. We are on dangerous ground here with the reordering of the bankruptcy statutes with Chrysler and the UAW; with the strong-arming of stimulus money for California predicated on the protection of unions; with the serial disdain for paying taxes on the part of Geithner, Solis, Daschle and others; and with the selective release of CIA memos, to denigrate those out of office as veritable torturers (they should reread the transcript of Eric Holder’s 2002 CNN interview with Paula Zahn in which he grandly denies that the Gitmo detainees have any recourse to the Geneva Convention accords and can be held there for as long as we think the war lasts). What separates the U.S. from Mexico, Cuba, or Haiti is the rule of law, the protection of capital and property, the evenhanded treatment of investment, and the faith in a fair media to uncover abuse. I think that is now all in question, as the Utopian ends justify the tawdry means.

2) Energy. We are finding more natural gas than ever. There are billions of barrels of U.S. oil in Alaska, offshore, and in shale. Yet rigs sit idle and government leases are constricting rather than expanding — and for reasons other than the economy. Logic dictated a simple course: expand exploration, increase production, use the revenue to pay down the deficit, and, along with conservation, ready ourselves for the next round of inflationary energy hikes, petro politics, and Middle East petro-bribery by transitioning to alternate energies. In other words, the rare carbon bounty of the U.S. was vital in providing a window of survival, until technology solves wind, solar, and bio-fuel by making them more competitive and plentiful.

No to all that common sense. Instead, Obama is ignoring the potential of coal, nuclear, gas, and oil, intent on cap-and-trade, and pie-in-the-sky present-day Gore-ish wind and solar. The result will be that our energy bills will skyrocket. Our vulnerability will increase. Our overt enemies will gain leverage, and covert ones will keep using coal and nuclear for economic advantage. This is a disastrous energy policy and apparently has been outsourced to the Al Gore cadres. We have a rendezvous with real trouble when the global economy rebounds and demands more oil and gas. Al Gore will keep his yacht, jet on private planes, and tinker with his various contraptions at his estate; the rest of us will be in gas lines.

3) Debt. Obama has somehow already used the tax last resort. That is, his figures assume taking off FICA caps, watching the states increase their own tax rates, upping the federal rate to 40%, curbing deductions, and effectively increasing the total state and federal bite to above 65% on top incomes.

Fine. But the deficits still go up, adding an aggregate $8-9 more trillion to the debt. The magnitude of borrowing is so staggering that there is almost no conceivable way that we can ever balance the budget without simply confiscating incomes in toto, or taxing our very sneezes. This will blow up in the administration’s face as well. The taxes will discourage and dishearten entrepreneurship as the spending increases unproductive sectors of the now federalized economy, as in turn a larger fossilized constituency demands ever more entitlement and more taxes for “them.”

I do not know what is worse, the mega-interest to come on the debt; the stifling of economic initiative and the rise of barter, off the books income, tax avoidance, or simple slowdowns; or the creation of vast new dependent classes who vote in exchange for entitlement.

http://pajamasmedia.com/victordavishanson/929/2/

Keemo on May 17, 2009 at 8:05 AM

If Arnold can’t cut the home-healthcare workers hourly rate, he should just cut their hours back by 1 1/2 or 2 hrs a day.

roninacreage on May 17, 2009 at 8:56 PM