GOP-dominated Va. House asserts states' rights

During U.S. Rep. J. Randy Forbes' brief visit to the House of Delegates this week, the speaker of the House quipped that maybe he could take some tips back to Washington.

But delegates are sending a lot more than tips to Capitol Hill. They're telling the federal government to back off.

The GOP-dominated chamber has approved measures to prohibit the potential federal regulation of state-made guns and ammunition and to block federal terrorism suspects from being held in state prisons or local jails.

It has passed a resolution memorializing Congress to honor state sovereignty under the 10th Amendment, which reserves for the states powers not expressly granted to the federal government. It passed another resolution to propose a balanced-budget amendment to the U.S. Constitution.

And the Democrat-controlled Senate bucked President Barack Obama by joining the House in approving a measure meant to block the federal government from requiring a state resident to have health insurance.

"There's a long history in Virginia of our expressing our discontent with actions of Congress going back to our denunciation of the Alien and Sedition Acts in the late 1790s," said Del. Robert G. Marshall, R-Prince William, who sponsored the "Health Care Freedom Act" in the House.

The discontent isn't exclusive to Virginia. Several other states have passed similar resolutions asserting states' rights under the 10th Amendment and to thwart federal mandates included in the federal health-care legislation that has stalled in Congress.

In Virginia's House of Delegates, Speaker William J. Howell, R-Stafford, this year relaxed his previous practice of discouraging resolutions that call on Congress to act.

"The catalyst has been the flurry of unprecedented and misguided federal legislation that's been proposed by an overreaching administration and an unresponsive Congress who are not listening to the people and oftentimes seem to be willfully ignoring them," said Howell's chief of staff, G. Paul Nardo.

Marshall, who sponsored the measures on health care and terrorist suspects, attributes the growing chorus, at least in part, to the Tea Party, which grew out of intense frustration with the federal government.

"I think the Tea Party movement has gotten to so many people's attention and the public hearings that were going on with health care have shown so much agitation and discontent with what's going on in Congress, I think the speaker just had to recognize there's got to be a way to channel this energy, or this discontent," Marshall said.

The House joint resolution memorializing Congress to honor state sovereignty under the 10th Amendment states: "The commonwealth by this resolution serves notice to the federal government, as its agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers."

If the Senate agrees to the joint resolution, the House clerk would send copies to the speaker of the House of Representatives, the president of the Senate and the Virginia congressional delegation.

Del. Christopher K. Peace, R-Hanover, is a patron of that resolution, which, he says, makes the point that states and localities know better how to govern their constituents.

Referring to particular issues before Congress, Peace said, "If they haven't taken final action, we want to send the message we're watching."

And for a chamber asking the federal government to step back, the House passed a joint resolution urging Congress to propose an amendment to the U.S. Constitution requiring a balanced federal budget.

Del. Mark L. Cole, R-Spotsylvania, who sponsored that legislation, said the flux of bills and resolutions this year reflects the electorate.

"They feel like the system has gotten out of control and Washington is just not being responsive to their needs," he said.

As to whether the measures appease conservative voters more than work to change minds in Congress, lawmakers maintain it's worthwhile to send the message.

"If they don't work, shame on them," Marshall said. "That's like saying if you flag down a car not to go off a cliff, does it work? Well, if it doesn't work, the one driving off the cliff has the problem."

Contact Olympia Meola at (804) 649-6812 or omeola@timesdispatch.com.