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... and just to make sure we remember that there are still plenty of wingnuts in Congress...
... I give you this pointer to the words of Senator Rand Paul. Just when Justice Roberts illustrates that there are some reasonable and sensible conservatives out there, Paul reminds us that there are plenty who don't have even a sixth-grade understanding of how this country works...
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All he needs is about 3 minutes and a Schoolhouse Rock! DVD to cure him of that....
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On the other hand, a strict constructionist argument would also make a significant number of hi sponsored/proposed bills and amendments unconstitutional.
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"This court finds portions of the Judiciary Act of 1789 unconstitutional."
"Your honor, I don't recall 'judicial review' appearing in the Constitution."
"Oh, it's in there. Just look for it."
"Seriously, your honor, *I* wrote the thing. It's not in there."
But to deny it now, more than two centuries later, is just being disingenuous.
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In our three-branch system of government what the Supreme Court says is the very definition of what is constitutional. I don't always agree with their opinions (see Citizens United) but it is what it is, and Rand Paul saying otherwise is like him proclaiming that white is black, the sun rises in the west, or pi=3.
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(I forget who that's quoting)
I consider it more revisionist history than disingenuousness, much like 'The Civil War had nothing to do with Race/Slavery'[1], 'The UK is the US's longest ally' [2], or 'The New Deal is considered a failure by historians.'[3]
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[1] - hint: it did. There may have bee OTHER contributing factors, as well, but Slavery was definitely a major factor
[2] - Hint: The oldest ally that is a sovereign nation are the so-called "cheese-eating surrender monkeys", but they're not even the oldest US ally; try the Iroquois Nations, although that alliance may not be continuous
[3] - I'm not even going to try to respond to this brand of idiocy.
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http://www.michigancapitolconfidential.com/17151
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. . . "And premiums are stabilizing or are going down, not growing. In other words, each and every one of the list of horrors Governor Romney now says will happen in America because of Obamacare did not happen in Massachusetts because of Romneycare."
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Here's another:
http://www.masslive.com/politics/index.ssf/2012/06/gov_deval_patrick_applauds_hea.html
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