Posted on 05/25/2010 6:44:21 AM PDT by NaturalizedCitizen
Rand Paul has taken a principled — but politically incorrect — position, for which he’s being pilloried.
the Supreme Court upheld the 1964 act, the law has a disputable constitutional pedigree.
The Civil Rights Act addresses the conduct of private individuals, so it is not easily shoehorned into the 14th Amendment, which constrains only government conduct. And the act has nothing to do with reducing state-imposed obstacles to the free flow of interstate trade — so it should not have been legitimized under an original understanding of the commerce clause.
The remedy in such cases is either to amend the Constitution or to acknowledge the disconnect and recognize that the Constitution must not be a barrier to racial equality.
Paul’s detractors misunderstand the essential nature and purpose of our Constitution. It does not speak to private power; it is not a criminal or civil code that private citizens must obey
(Excerpt) Read more at politico.com ...
The continued dumbing down of America serves only those who currently hold public office.
Again it’s an interesting philosphical point that it’s not Constitutional, but why bring it up? 90% of what the FedGov does is unconstiutional. Medicare is unconstitutional. In Rand Paul going to run by telling us that Medicare is unconstitutional? We have, arguably, two parties dedicated to using elections to education citizens (and thereby forsaking any chance of winning power): the Constitution Party and the Libertarian Party.
Among all of the unconstitional parts of the government probably the very worst to pick to criticize is the public accomodations. “Rand Paul thinks blacks shouldn’t be able to eat at Denny’s”.
We might hate spin doctors, but there is a reason that successful candidates hire and listen to campaign managers and PR profressionals. Is Rand serious about winning or just in it for his own amusement?
I am torn about this.
I understand how impractical it is, but I hope that maybe the current crisis is bad enough that it is possible to have a political campaign based on following the constitution.
Interstate commerce can be tortured to justify absolutly any government policy, including health care. Since 1937 republicans were slowly losing to dems as more and more unconstitutional legislation was passed. It is time to reverse this trend and go on the attack.
He’ll win.
Republican seat, McCain won there, bad year for Dems.
Polico can’t handle the truth.
I guess they were getting a lot of heat for this.
In about 9 hours since they first posted the article they changed the title from:
An inconvenient constitutional truth
to
Rand Paul’s principled stumble
...for those interested. :D
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