I like Governor Rick Perry of Texas but he's 148 years too late to be asking that question (see topic) and bringing up that issue; his words could have been taken as a quote from any given Southern governor in 1861. As it is, Fed Gov (and this current administration especially) is not interested in state's rights unless it's the right to perform gay marriage or use medical marijuana.
At any rate there's a current move in the Great State of Texas to resolve to support states' rights; presumably, to
not be forced to take any conditional bailout, TARP, or 'stimulus' funds from Fed Gov (perhaps there's a resident X'er in Texas who can fill us in further on this issue from a local perspective?). I do appreciate the tone of this state movement; even though a war was fought over this very issue 148 years ago...perhaps it is time to revisit the question of constitutionality.
It certainly was attempted during the Bush Administration years due to the Patriot Act.
This is from Gov. Perry's office, just a bit dated (9 Apr); apologies if it has been discussed elsewhere:
Gov. Perry Backs Resolution Affirming Texas’ Sovereignty Under 10th Amendment
HCR 50 Reiterates Texas’ Rights Over Powers Not Otherwise Granted to Federal Government
April 09, 2009
AUSTIN – Gov. Rick Perry today joined state Rep. Brandon Creighton and sponsors of House Concurrent Resolution (HCR) 50 in support of states’ rights under the 10th Amendment to the U.S. Constitution.
“I believe that our federal government has become oppressive in its size, its intrusion into the lives of our citizens, and its interference with the affairs of our state,” Gov. Perry said. “That is why I am here today to express my unwavering support for efforts all across our country to reaffirm the states’ rights affirmed by the Tenth Amendment to the U.S. Constitution. I believe that returning to the letter and spirit of the U.S. Constitution and its essential 10th Amendment will free our state from undue regulations, and ultimately strengthen our Union.”
A number of recent federal proposals are not within the scope of the federal government’s constitutionally designated powers and impede the states’ right to govern themselves. HCR 50 affirms that Texas claims sovereignty under the 10th Amendment over all powers not otherwise granted to the federal government.
It also designates that all compulsory federal legislation that requires states to comply under threat of civil or criminal penalties, or that requires states to pass legislation or lose federal funding, be prohibited or repealed.
...
More here:
http://governor.state.tx.us/news/press-release/12227/
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