Tenthers to the Left and Tenthers to the Right

Respecting the Tenth Amendment does not necessarily predispose allegiance to an economic theory. Thus both libertarians and socialists can enthusiastically agree that our national government is bound by strictly enumerated powers and save their blows for whether the sovereign states should adopt single payer health care schemes or operate liquor store monopolies.

Likewise political party is not the sine qua non of constitutional fidelity. Yes, certain factions in each can be fairly aligned with or against the Tenther movement. The Tea Party shares some contiguity with the Grand Old Party but by all accounts is more willing to defend our constitutional charter. The Occupy Wall Street movement overlaps the Democratic Party by sharing meaty bits of its Weltanschauung including a lack of sentimentality toward constitutional who-whats-its, and both claim Alec Baldwin as one of their own.

Among the viable Republican contenders for the presidential throne, Willard Mitt Romney is unapologetic in his total disregard for constitutional niceties. Mitt subrogates questions of constitutionality to claims of his management genius. Once upon a time, said Mitt, he was in favor of abolishing the Department of Education, because that position was “very popular with his base”. To Mitt’s credit it is only his base that has shifted; his constitutional promiscuity is firmly intact.

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Congress, Butt Out! The Constitution Reserves Malpractice Reform for the States

In their zeal to adopt a federal malpractice reform bill to dictate procedures to state courts, many Republicans in Congress are doing precisely what they rightly accuse Democrats of doing: blithely disregarding the Constitution’s clear limits on federal power. Their proposals, once encapsulated in H.R. 5 and then slipped into the Senate Republican “jobs bill,” not only…

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