April
5th 2012
Ron Paul is Right (as Usual) about Judicial Review and the Commerce Clause
RedPhillips

Posted under Conservatism & Election 2012 & Judicial Activism & Mitt Romney & Newt Gingrich & Political Philosophy & Republican Party & Ron Paul

Does Mitt Romney get this? Does Santorum? Does Gingrich? The Republican primary electorate has chosen the wrong candidate. The three stooges would be afraid to say what Paul is saying here even if they understood it.

The commerce clause was intended simply to give Congress the power to regulate foreign trade, and also to prevent states from imposing tariffs on interstate goods. In Federalist Paper No. 22, Alexander Hamilton makes it clear the simple intent behind the clause was to prevent states from placing tolls or tariffs on goods as they passed through each state– a practice that had proven particularly destructive across the many principalities of the German empire.

But the Supreme Court has utterly abused the commerce clause for decades,…

And

The doctrine of judicial review, which is nowhere to be found in Article III of the Constitution, has done nothing to defend liberty against extra-constitutional excesses by government. It is federalism and states’ rights that should protect our liberty, not nine individuals on a godlike Supreme Court.

Lincoln loving Newt Gingrich wouldn’t know federalism and states’ rights if they bit him on the rear.

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5 Comments »

5 Responses to “Ron Paul is Right (as Usual) about Judicial Review and the Commerce Clause”

  1. Matt Weber on 05 Apr 2012 at 9:12 pm #

    I think the dirty secret, or not-so-secret, is that the various parties, politicians, and pundits involved in this don’t really care if Obamacare, or anything else, is constitutional. It’s not that they think it is constitutional, but that in absence of people like Ron Paul the question would never even cross their minds. This hit me while I was reading Noah Millman’s posts on the subject over at TAC. Whatever Millman’s merits, he doesn’t give a fig about the Constitution…It may as well not even exist. There is only good policy and bad policy. That a document could prevent us from enacting good policy is unthinkable, almost a superstition. Less scrupulous types don’t even treat it as good vs. bad policy, but rather as who wins. All the Republican candidates save Paul are in that camp.

    We’re in a situation where you have one candidate out there who is saying conservative things, and he gets 10% of the conservative party vote. Lefties say we’re an irrelevant minority, and frankly I think they’re right.

  2. Kirt Higdon on 05 Apr 2012 at 10:30 pm #

    Ron Paul is right about what the Constitution intended but given that the Constitution has always been interpreted in the interests of those with power (judicial review goes waaay back), it’s kind of irrelevant now. Joe Sobran used to often say that the Constitution was no protection against our form of government.

  3. Nate Weinsteinberg on 06 Apr 2012 at 5:25 am #

    Yeah Kirt,

    So one antisemite quotes another antisemite while commenting on an another antisemite’s blog post on a full blown antisemitic site? The antisemitism in the air at antisemitic times is thick enough you could cut it with a knife!

  4. roho on 06 Apr 2012 at 3:05 pm #

    Red………..I agree. Anything other than a return to the Constitution is simply putting a bandaid on cancer. International Bankers and Wall Street have destroyed this nation just as President Jackson predicted. And duel citizens have made it worse as Teddy Roosevelt predicted. States Rights was always the answer.

    PS: Happy Easter to all!

  5. Kirt Higdon on 06 Apr 2012 at 4:06 pm #

    ROTFLMAO!!! Happy Easter, Nate and all the rest of you antisemites!

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