Freudenthal supports state sovereignty resolution

Freudenthal supports state sovereignty resolution
Meg Lanker
Tuesday, August 18, 2009 6:35 PM MDT
update: Tuesday, August 25, 2009 8:12 PM MDT

Gov. Dave Freudenthal supports reminding Washington D.C. that Wyoming is a sovereign state under the Tenth Amendment.

The resolution was authored by Wyoming State House Representative Pete Illoway, R-Cheyenne and transmitted to the Wyoming Legislature’s Management Council July 29. Freudenthal said, in a memo attached to the resolution on his website, “From time to time we all wonder whether sending resolutions to Washington D.C. really does any good. On the other hand, it’s nice to at least get our view on the record.”

The proposed resolution is similar to resolutions adopted by other states in recent years, including Oklahoma and Michigan. The movement for states to declare sovereignty has gained momentum with the election of President Barack Obama. Much of the momentum stems from a belief, that in recent years, the federal government has gained too much power and has become what The Tenth Amendment Center calls “an oppressive central [federal] government.”

The Tenth Amendment Center, according to its website, “works to preserve and protect Tenth Amendment freedoms through information and education.” The center also “serves as a forum for the study and exploration of state and individual sovereignty issues, focusing primarily on the decentralization of federal government power.”

On the website, Thomas Grady, the founder of the Missouri Sovereignty Project, said, “It was the Bill of Rights’ final amendment, as if our Founding Fathers said, ‘By the grace of God, if the first nine amendments don’t prevent tyranny, the 10th will do so.’”

The website also features a boilerplate template for a suggested Tenth Amendment resolution for citizens to send to their governors and state legislators. Illoway’s proposed resolution follows the template closely, declaring “many powers assumed by the federal government and federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States.”

Illoway said Tuesday he decided to pursue a state sovereignty resolution to stand up for Wyoming's rights as a state and cited a primary reason for the resolution as a "federal government run amock."

"A majority of the States are pursuing similar resolutions and even though Wyoming has a budget session coming up, I felt we needed to pursue a sovereignty bill and stand along with other states who believe the same as we do," said Illoway.

In an interview Aug. 12 with Andrew Simons, host of Laramie’s political talk show Checks and Balances, U.S. House Representative Cynthia Lummis said she supports resolutions like these and is a “big advocate” of state sovereignty.

“The states are the most important units of government in this country,” Lummis said. “The federal government didn’t create the states. The states created the federal government.”

Simons supports Illoway's resolution as well, but had his own thoughts about the governor's support of state sovereignty.

“Governor Freudenthal supports this resolution to potentially get around current federal regulation on energy development and wolf management – not to mention currying favor with Republican voters after supporting President Obama’s candidacy,” said Simons. “He’s trying rebuild his base for a 2010 gubernatorial campaign.”

Freudenthal has not ruled out a run for governor in 2010, although he is considered term-limited. However, the Wyoming Supreme Court invalidated legislative term limits in 2004, leaving the opportunity for Freudenthal to challenge the constitutionality of his own term limits to run for re-election in 2010.

According to the Washington Post Feb. 16, when asked about the possibility that Freudenthal would seek a third term, his spokeswoman Cara Eastwood said, "When the governor has something to announce, he will announce it."

Recently, Wyoming citizens have been ramping up efforts to see Wyoming declare itself a sovereign state. At the Wyoming State Fair in Douglas, visitors were welcomed back to their cars with a newspaper published by an organization aligned with the national “Tea Party” movement. The paper accused “Gov. Dave” of supporting tyranny for not coming out against the Real ID Act and called for a Tenth Amendment resolution.

The Real ID Act, enacted under former President George W. Bush’s directive, aims to curtail terrorism by instituting a national ID program. In the state sovereignty resolution supported by Freudenthal, the Real ID Act is mentioned as one of the federal laws “where the constitutional authority for which is either absent or tenuous.”

Other federal laws mentioned were the Endangered Species Act, the Clean Water Act, and the Federal Land Policy and Management Act – all areas where Wyoming has seen federal conflict in regards to wolf and sage grouse management, energy development and Forest Service policies.

Illoway said the specific laws mentioned in the resolution as examples of the federal government overstepping its authority were added by Freudenthal at the suggestion of Wyoming Attorney General Bruce Salzburg.

Freudenthal and his staff did not respond to repeated requests for comment.

States hold the solution to healthcare reform

Let the states run healthcare
Andrew Simons

As the healthcare debate evolves, one thing is becoming clear: Debate in this country is not what it used to be. With people caring guns and shouting down their elected officials, something needs to be done to elevate the debate beyond the yelling matches that are currently standard fare. A marketplace of ideas needs to be fair market – if it exists at all.

Some people have labeled demonstrators as “un-American.” I don’t share this thought. Anyone who is willing to carry a strong opinion is obviously a great patriot and a walking, talking advertisement for the First Amendment. The problem comes in when these people are more interested in making their opinion heard at the expense of drowning out any opposition. A debate requires both sides and a moment to rebut the arguments of the opposition. Though it’s not the law, I would argue that your right to free speech ends when it infringes on mine.

On top of all of this is the way that these town halls have headed south in terms of respect. The idea that any president, congressman or senator would allow for “death panels” in the home of the free and land of the brave is insulting, wrong and takes away from a real debate. Painting swastikas and hanging members of Congress in effigy adds nothing and intimidates the level-headed silent majority of people in this country who have probably been scared out of the debate. Their voices are now lost to us. Wyoming’s own congressman Cynthia Lummis recently said bringing arguments peaceably is a key part of the solution. In reality, the real solution has as much to do with bringing an intelligent argument as anything.

This also brings to mind recent incidents of people bringing guns to these town hall meetings and forums as a statement about the Second Amendment. I honestly don’t understand how this pertains to healthcare or contributes to support for Second Amendment rights, especially when held with signs proclaiming, “It’s time to water the tree of liberty.” This statement comes from Thomas Jefferson’s famous quote: “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”

If organizers of these protests knew the Founding Fathers at all, they would know that politically motivated executions were most likely not what they were intending. A personal meeting or town hall event is never something that requires a gun. Intimidating people into doing your will through violence calls elections and prospective legislation into further doubt, adding possible instability to what should always be a civil debate.

In general, the solution to the increasingly unruly town hall meetings and the healthcare reform problem is to leave much of the process up to the states. If these protests are in fact being organized by outside interests, it would make the job much more complicated. Organizing protests at town halls for thousands of state representatives would be infinitely harder than focusing on forums for 535 members of Congress.

Healthcare, is a regional and, yes, personal issue. Any solution is going to have incredible resistance. If the federal government and the Obama administration would settle for an absolute minimum of federal reform and provide federal dollars to the states to implement their own healthcare plans, solutions could be found that would serve the people of Wyoming as efficiently and confidently as Californians. As it stands, the federal government seems to believe both states have exactly the same concerns, but common sense says otherwise.

This chaos has led to a multitude of healthcare bills, plans and solutions posted on the websites of senators and representatives, proposed in their respective committees, and discussed in their respective town halls – each tailored to the wants and needs of each politician’s respective district. Wouldn’t it be grand if we could actually implement these plans? Wouldn’t that solution be easier than making liars of our congressmen after the plans that won voters’ support are then cut and pasted together into a bill that no one likes? This idea should lead to a state’s rights-based solution for healthcare.

Just think about it – a state’s rights argument that incredibly doesn’t involve guns, gay marriage or wolves in Wyoming. Wyoming could accomplish a suitable healthcare solution based on all the passionate support these previous issues have raised. A few level-headed organizers are a must – those who know to fact-check their statements and press releases would be crucial to running a campaign for Wyoming-centered healthcare, thereby avoiding the mistake one Wyoming advocacy group made by calling Governor Dave Freudenthal’s support of the Real ID Act “tyranny” for superseding state authority two weeks after he announced a state sovereignty resolution.

It’s people with good intentions and a lack of knowledge and restraint that will demolish this movement. A state-run healthcare system has the potential to streamline our government and create real solutions to the problems and concerns of people more accurately than anything put forth by politicians in Washington D.C.

Andrew Simons hosts Checks and Balances, a political talk show that airs Saturdays from 10-11 p.m. on 93.5 KOCA community radio in Laramie. Simons' political experience includes managing the special election of Wyoming State Rep. Jim Roscoe D-Pinedale in 2008, along with working on two presidential campaigns and the campaign of a U.S. House candidate.

Rep. Lummis looking forward to August recess

Rep. Lummis looking forward to August District Work Period
Meg Lanker
Wednesday, August 5, 2009 12:21 PM MDT

The U.S. House of Representatives recessed Monday for August, but for Rep. Cynthia Lummis-R, Wyo., it’s anything but a break.

The website for the U.S. House calls the break the “Summer District Work Period,” and bills it in news releases as a chance for representatives to meet with constituents, hold town hall meetings, and gear up for the next session.

Lummis said in an interview with The Underground Friday she is looking forward to meeting with constituents in Wyoming and discussing issues important to them. “I have, I believe, six town hall meetings, multiple interviews with the press and many constituent meetings,” she said.

With a vote on health care reform looming large in September, Lummis is using August to prepare for discussions on the House floor. Lummis does not support the health care plan the Democrats are proposing, and instead, supports the ten-point plan set forth by Sen. Mike Enzi R-Wyo.

“Sen. Enzi’s ten steps, which are laid out in bullet points on his website, are, in fact, extremely comprehensive, well thought-out, well fleshed-out, and have a lot of support on a bipartisan basis here in Congress,” Lummis said. “Sen. Enzi’s work is highly respected, and is based on years of experience.”

According to Enzi’s website, the “Ten Steps to Transform Health Care in America” include providing cross-state pooling to reduce health care costs and increase accessibility for small business owners, individuals, and families; increasing affordable options for families to purchase health insurance through a standard tax deduction; and emphasizing preventive benefits.

Lummis is using the time in August to read the entire proposal authored by House Democrats and said the proposal is a “1000-page plus” bill. She said she has not seen what it covers in its entirety, but said, “I do know this – it creates at least 31 new government agencies, and has a health commissioner that will decide whether the plan I have meets their criteria.”

Lummis is concerned about portability of health insurance and potential penalties to employers. “One of the employers I talked to in Wyoming, a physician’s office, went through the Democrats’ bill and found out it would be cheaper for them to pay the eight percent penalty and shift their own employees onto the government plan rather than provide the insurance they have now,” said Lummis. “The President’s express notion that if you like your insurance you can keep it is not embodied in the Democrats’ bill.”

Proponents of the health care plan disagree, including Milt Shook, a former Washington D.C. paralegal-turned-author who read the entire bill and purports to debunk many of the Republican Party’s statements on the health care bill on his website. Referring to the eight percent penalty, Shook said, “The section [on penalties to employers] only refers to any employer who doesn't offer any insurance to his employees. If they offer either private insurance or the public insurance, they do not have to pay the 8%, regardless of the size of their payroll.”

However, if the employer’s payroll is over $400,000 a year, the eight percent payroll tax would kick in, potentially affecting small business owners who may find it cheaper to pull the current insurance and not offer the government’s health care public option. In this case, an employee could enroll in the public option and pay an amount indexed to the employee’s current yearly pay.

Lummis is also worried about whether or not people could keep their current insurance in all circumstances. “Yesterday [Thursday], in the House Energy and Resources committee, a number of Republicans offered amendments to that bill to make sure the bill allows you to keep your insurance if you like it, and all of those amendments were defeated,” she said. “I have serious reservations, and am in fact, opposed to the Democrats’ health care bill as it is written now and am very concerned about the notion of a public plan and how it could bring about lower quality health care and health care rationing.”

Lummis acknowledged people are seeing somewhat of a rationing due to high health care costs, but said the plan will bring about “more serious rationing on a broader level.” She said, “My big concern is that it will not elevate opportunities for those who cannot currently afford insurance, but will instead decrease opportunities for affordable health care for those who do have insurance.”

Lummis also supports a review of the reimbursements doctors and hospitals receive under current Medicare and Medicaid fee schedules. “I know from visiting with Wyoming hospitals and Wyoming doctors that they are under-reimbursed,” said Lummis. “It’s critical, that for Medicare to perform properly, that we level the playing field in order to ensure the long-term health of the Medicare system.”

She said that fixing Medicare and Medicaid reimbursements is particularly important for Wyoming, since some providers have stopped accepting Medicare and Medicaid – reducing the number of already limited providers available to patients.

“I want our doctors and our hospitals reimbursed at rates that will allow them to continue to take Medicare patients as Wyoming people age, as our population ages,” said Lummis. “Health care reform will be my highest priority when I return in the fall.”

Numerous energy issues are on the table as well. Lummis opposed the cap-and-trade bill, called the “Clean Energy and Security Act of 2009,” and was uneasy about promises made by Democrats in the House that the bill would not increase energy costs for the average consumer.

Lummis emphasized the need for Washington to look to Wyoming for energy resources including solar power and uranium for nuclear power. “We are number one in uranium reserves and I am a big supporter of nuclear energy. It is the most abundant, zero-emissions source of energy our country has,” she said.

She cited large numbers of nuclear plants in Europe as an example of implementation that could take place in the U.S. “Currently nuclear power produces 20 percent of the electricity in this country, and without it, we will not be able to meet the kinds of standards that are required under the cap-and-trade bill,” she said.

Democrats and Republicans alike in Wyoming – and the rest of the U.S. – worry about storing nuclear waste as a by-product of a nuclear power plant, but Lummis supports other renewable energy resources such as solar and wind power, calling solar power an “efficient energy source” that Wyoming could lead the way in developing. She said, “Our moderate, cooler temperatures allow solar panels to operate more efficiently. That’s an area where I see tremendous growth for Wyoming.”

Lummis acknowledged the need for clean energy development to reduce air pollution, especially in urban areas. “Urban communities like Los Angeles do have higher rates of asthma, and that’s tied to things like automobile emissions. Whether or not a person believes in global warming, these issues must be addressed.”

She is working with other legislators to draft and sponsor numerous bills to benefit Wyoming residents. Before the House recess, Lummis introduced the “Statewide Public Television Access Act,” which will allow DISH Network subscribers in Wyoming to have access to Wyoming Public Television.

Many subscribers in Wyoming receive their public television from Denver, Salt Lake City, or Rapid City, SD. According to Lummis, federal law prohibits satellite television subscribers from receiving Wyoming Public Television, but this new bill would attempt to change that.

Lummis cited the bill as an example of reaching across the aisle in an environment that she said is divided along party lines. She is the lead sponsor, with three Democrats and three Republicans co-sponsoring the bill on public television access.

Wyoming PBS features programming relevant to the state. According to the Wyoming PBS website, one popular series, Main Street, Wyoming, highlights the uniqueness of Wyoming’s communities, history and people. During the election cycles, Wyoming PBS also features local candidate forums and debates – unavailable to those subscribers who have DISH network.

“Over half of the Wyoming counties do not get access to Wyoming Public Television. And, I believe, 18 other states are in the same boat as Wyoming – where you cannot get your own public television within the four corners of your state,” Lummis said. “When you have so many Wyoming residents getting their public television from neighboring states, it’s not possible to have a cohesive community dialogue.”

Lummis also pointed out the bill would allow for easier access to local news, weather and sports and said it did not make sense that residents don’t already receive Wyoming PBS.

August has already been packed full by Lummis’ staff with what she called a “near-campaign schedule.” She said, “I just can’t wait to be back home in Wyoming. This will be a great opportunity to get feedback from the people I represent, so when I do come back in September, I have wise counsel and good Wyoming common-sense to carry back with me.”

However, Lummis does plan to take some time to relax after a grueling House session full of discussions on controversial issues by going fishing. After describing her schedule, she chucked and said, “I would just love to be able to stand in a stream and drown a fly.”

The U.S. House will reconvene after Labor Day in September.

US Rep. Cynthia Lummis does not support "birther" movement

Lummis does not support “birther” movement
Meg Lanker
Tuesday, July 28, 2009 2:41 PM MDT

US House Representative Cynthia Lummis-R Wyo. is no friend of the “birther” movement.

Rep. Lummis believes President Barack Obama is an American citizen, his birth certificate is valid, and he is qualified to be president under the native-born citizenship requirement of the US Constitution.

Orly Taitz, a California dentist and attorney, is challenging the validity of Obama’s birth certificate and US citizenship in the media and in court. Taitz wrote on her official blog Monday that she had made “high-profile” friends in the GOP on the social networking website Facebook, including House Republican Whip Eric Cantor, Republican National Committee Chairman Michael Steele, and Rep. Lummis.

Taitz said she was “greatly honored” to see leaders in the Republican Party become her friends on Facebook. “To me it means that the leadership of the Republican party understands the importance of the issues and legal cases I brought forward. I hope more congressmen and senators join and either become additional plaintiffs or bring to the House and Senate judicial committee hearings the issues of Obama’s illegitimacy to presidency as well as suspected illegal activities by Obama and his supporters,” she said.

Tuesday, Rep. Lummis’ Press Secretary Ryan Taylor said in a phone interview that Rep. Lummis receives friend requests as a representative frequently, and it is common practice for legislators to add people as friends. He said this does not imply an endorsement or support of the person’s views and, as of Tuesday, Taitz had been removed from Lummis’ list of friends on Facebook.

Taylor said Lummis absolutely does not support the belief that Obama is not an American citizen and said, “His birth certificate was authenticated by the State of Hawaii and by factcheck.org.”

Factcheck.org describes itself on its website as a “non-partisan, non-profit ‘consumer advocate’ for voters,” and is run by The Annenberg Political Fact Check, a community of scholars that addresses public policy issues at the local, state and federal levels.

Taylor also said that Lummis feels this is a needless distraction from other much more important issues at hand, citing the need for a solid plan for health care reform, and that questions about Obama’s citizenship are a “non-issue.”

This is not the first time Lummis has dealt with the matter of Obama’s citizenship. In April, Rep. Lummis held a town hall meeting in Cheyenne at her alma mater, East High School. When a member of the audience asked her about Obama’s citizenship, Lummis said she had seen nothing to refute the birth certificate that places his birth in Hawaii. According to the Wyoming Tribune Eagle, Lummis said, “I’m not questioning your concern. I am questioning whether there is credible evidence.”