Legal Commentary

Rand Paul Is A Mainstream Republican

By Big Tent Democrat

The Act exceeds Congress’s powers under Article I of the Constitution of the United States, and cannot be upheld under the Commerce Clause, Const. art. I, §8; the Taxing and Spending Clause, id.; or any other provision of the Constitution. -- Para. 56 of the Complaint (PDF) joined by 20 Republican-led states challenging Congress's power under the Commerce Clause to enact the Obama Health Bill

Republican Senators will question Elena Kagan on the constitutionality of the Obama health bill:

[O]n Fox News, Sen. John Barrasso (R-WY) said that he wants to make this fringe view of health care reform a centerpiece of Solicitor General Elena Kagan’s Supreme Court confirmation hearing:

BARRASSO: Twenty states right now, Martha, are suing the federal government, and she is going to have to make a decision if she’s on the court about how that goes forward with these 20 states suing. So where do states’ rights come in, where is the role of the federal government, what can they mandate to the American people, and I’m going to want to hear answers on that.

(Emphasis supplied.) Rand Paul's views on the Civil Rights Act and the Congress' Commerce Clause powers are not fringe Republican views. They are mainstream Republican views. The Republicans yearn for a return to the idyllic pre-1937 Era.

Speaking for me only

Full post as published by TalkLeft on May 21, 2010 (boomark / email).