Some states pass sovereignty measures

WASHINGTON — For some states, the message to the federal government is clear: Back off.

Legislatures in Alaska, Idaho, North Dakota, Oklahoma and South Dakota this year have approved resolutions asserting sovereignty under the 10th Amendment of the Constitution and suggesting that Uncle Sam "cease and desist" from interfering in their business.

The largely Republican backers say the federal government has overstepped its constitutional bounds by meddling in local matters ranging from education to drunken driving. "It's telling the federal government, 'Guys, you really need to back off,' " said Judy Burges, a GOP state representative who is sponsoring a sovereignty resolution in Arizona.

Oklahoma's Senate on Wednesday gave final approval to a sovereignty resolution, in defiance of a veto from the state's Democratic governor, Brad Henry, on a similar measure. The resolution already passed the Oklahoma House twice.

Similar measures are under consideration in at least two dozen other states. State sovereignty efforts have won the endorsement of two GOP gubernatorial candidates, one of whom — Gov. Rick Perry, up for re-election next year in Texas— made headlines last month by suggesting the movement could lead to some states seceding.

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The last time that happened, when South Carolina declared its independence in 1860 followed by 12 other Southern states, it led to the Civil War that marked the presidency of Abraham Lincoln.

Some authors of sovereignty resolutions insist it is slander to paint them as secessionists.

"That's ludicrous. That's not what we're trying to do," said Rep. Manny Steele, the Republican whip of South Dakota's House.

Jeff Breedlove, chief strategist for Georgia Republican gubernatorial hopeful John Oxendine, said his boss is not supporting secession with his statement in support of state sovereignty efforts.

"We love our country," Breedlove said. "The whole point of this is to honor the founding fathers by honoring the 10th Amendment of the Constitution."

Others aren't so definite. "Why would I want to rule anything out?" said state Rep. Charles Key, R-Okla. "Why would we take a position that says 'We really don't like this but we're only going to go so far?' "

Henry said he vetoed the resolution because he was concerned about losing federal funds — and found it unnecessary. "There is no need to spend valuable legislative time on a resolution expressing support for any particular amendment or constitutional right," he wrote in his veto message.

The effort seems to have its biggest impetus in states that President Obama lost in last year's election. All five states where the resolution made it through both chambers of the legislature backed the Democrat's rival, Republican Sen. John McCain of Arizona. Of six other states where state sovereignty has passed one legislative chamber, only Indiana voted for Obama.

Supporters insist this isn't a red state rebellion and that they are trying to take a stand against federal encroachment on state authority that has been going on for decades.

"It has nothing to do with the Obama administration," said Key. He first introduced a state sovereignty resolution last year, when Republican George W. Bush was still in the White House.

Like a number of other state lawmakers, Key said it was a law backed by the Bush administration establishing expensive security measures when issuing drivers' licenses — known as the Real ID Act — that prompted his action.

Rep. James Sensenbrenner, R-Wis., author of the federal law, said members of Congress "recognized the issue of federalism and state sovereignty in drafting Real ID. No state is required to adopt Real ID."

Michael Boldin, a Los Angeles-based web marketer said he started the Tenth Amendment Center website "as a response to George Bush and Dick Cheney." Boldin, 36, said he opposes the wars in Iraq and Afghanistan and backed Republican Ron Paul for president.

Even so, there's no question that some Obama administration moves are fueling some of these resolutions. Arizona's Burges doesn't like requirements that union labor be used for projects funded by federal stimulus funds.

"We're a right-to-work state," she said, using shorthand for laws designed to limit the influence of labor unions at the workplace.

The resolutions that have passed have no legal effect, but Key and Steele said they hope to organize a summit where state lawmakers could plan their next move.

One possibility: organizing civil disobedience where states agree to defy a federal rule. That could trigger a legal case going all the way to the Supreme Court, now dominated by GOP appointees.

"It's not off the wall," said Georgetown University law professor Paul Rothstein, "It's quite possible that this court could go for something like that."

Contributing: Mimi Hall

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