A caller asked DeMint what the states could do in order to stop unconstitutional action by the federal government on health care. DeMint replied, "I think the key to pushing back against the federal government is some governors and state legislators who champion individual freedom."
DeMint said he would love to see states go to court to invoke the Tenth Amendment: "If we had some states come together and say the only way to save this country is to push back." He also added: "I think you'll see some states say no more, we're not going down with the federal government."A few minutes later, Bachmann commented on this possibility as well, noting that the efforts of some Republican governors to reject stimulus money failed in large part because they were too isolated from one another. A collective action, on the other hand, would stand a much greater chance of success.