Posted on 05/21/2010 5:17:18 PM PDT by ConservativeJen
Rand Paul has been the subject of liberal assaults recently for his comments on Title II of the ‘1964 Civil Rights Act.’ The liberal TV pundits accuse Rand Paul of ‘being ignorant of the law and history,’ but it is actually they who are ignorant-or even worse, purposely misleading. The real issue has nothing to do with race, but with unlimited power granted to the federal government.
When Title II of the Civil Rights Act was reviewed by the U.S. Supreme Court in the case of Katzenbach v McClung, it was ruled to be ‘Constitutional’ based on the ‘Commerce Clause’ which grants Congress the power "To regulate Commerce with foreign Nations, and among the several States.” Although some parts of the ‘Civil Rights Act’ are based on the post-civil war Amendments, these were ruled by the District Court inapplicable to private businesses absent any action by the government. In actuality, the entire Constitutional justification of the law is that it makes it easier for “interstate commerce for one can hardly travel without eating.”
Simply put, the justification Congress had to pass Title II of the ‘1964 Civil Rights Act’ was that mandating such regulations on restaurants increased the likelihood that blacks would engage in interstate travel. With this reasoning, there is nothing to prevent Congress from passing other such laws, for example mandating that all restaurants offer a full vegan menu in order to ‘promote interstate travel’ for vegans. Congress could pass laws demanding that all restaurants offer a full Halal meal in order to promote interstate travel by Muslims. Congress could pass laws demanding that all restaurants offer a full range of diet drinks and low calorie meals in order to facilitate interstate travel by overweight people.
(Excerpt) Read more at westernyouth.org ...
well you can be dead right and you are still dead all the same. Rand Paul is on his own now. Good luck Rand! I wish you well! He will get no support from any politician with a brain.
Poorly made argument for something that’s questionable to begin with.
Is he a truther like his dad?
Does he think the military is to blame for terrorism like his dad?
I know he’s a geek like his dad, but what about these other things?
Yes, he is right.
Lost in the politics of this is the fact that this has NOTHING to do with race and EVERYTHING to do with the questionable constitutional legitimacy of the law. If the commerce clause can be used for this, it can be used for anything.
One thing people forget is that segregation was a system of state mandated racial discrimination. It wasn’t the free market in action — it was a statist attempt to destroy freedom.
Does the Constitution still matter or not?
I think all restaurants should have to offer a free lunch, to promote interstate travel of course.
Progressives we know now are not very well read and are inclined to open thier mouths when they know nothing about anything.
Better to be hated for who you are than be loved for who you’re not. Guys like Rand are what we need in politicians; people who aren’t afraid to speak the truth even if it’s unpopular.
Who is the government to tell me who to hire in MY business??? We need a political revolution.
We really need to take a hammer to the Commerce Clause and make it work the way it was intended.
I agree with everything you said. And I still think Rand Paul is an absolute idiot like his father. There is so much good he could have done for us as a useful idiot only to squander it this way. The 1965 Civil Rights Bill? In light of everything going on why did he put himself into such a defenseless position?
You can tell when a Conservative is right about something. By judging the amount of anger you receive from the Left. The truer the statement is, the madder they get.
“Lost in the politics of this is the fact that “
Excuse me, but this 100% about politics and 0% about policy.
It’s stupid to even LET this be a topic. Rand Paul cannot and will not change this law and the Democrats brought this up to discredit him and he made the mistake of fallign for it rather than steering it back to HIS message and what HE wants to talk about.
“I agree with everything you said. And I still think Rand Paul is an absolute idiot like his father. There is so much good he could have done for us as a useful idiot only to squander it this way. “
And if you are goign to be gaffe-prone, do it before the primary and get it out of the way.
Rand Paul made a mistake out of political naivety. He let Maddow frame the topic as an issue on race. He should have re-framed the topic as an issue on personal freedom.
He should have said that black owners could refuse service to whites, or, in a more powerful example, a business could refuse its service to the KKK.
He then should have addressed the issue of a nanny state trying to force people into a group think and remove personality.
And we wonder why there are so many Democrats in Congress. :-|
Liberals believe government has the power to tell business property owners they can’t smoke on their own premises. They want now to tell them they can’t sell french fries and burgers. They’d rather have you sell soy sandwiches with salad.
In reality, this is a taking of property by the government in that they have removed elements of authority that relate to ownership of property. It is not a “taking for public use.” It is a taking for political philosophy.
Grossly unconstitutional.
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