DownsizeDC.org
October 19, 2011
Republicans Are Constitutional Hypocrites, AGAIN
By James Wilson

Quote of the Day: "The liberties of our country, the freedom of our civil constitution, are worth defending against all hazards: And it is our duty to defend them against all attacks." - Samuel Adams

Senate Republicans recently unveiled bill S.1720, a so-called "jobs" bill.

Regrettably, its good proposals are marred by misguided and unconstitutional provisions. That's why I sent a letter to Congress telling them to obey the Constitution.

The hard-wired message is simple . . .

Please obey the Constitution's limits on federal power.

I added the following direct comments, from which you may borrow or copy...

I am tired of Republican hypocrisy about the Constitution, federalism, and limited government. The Senate GOP's Jobs Through Growth Act (S.1720) demonstrates this hypocrisy in at least three ways.

First, it encourages passage of a Balanced Budget Amendment (SJ Res 10). This would ensure that the Federal State consumes 18% of national wealth. But if Congress merely followed the Ninth and Tenth Amendments to the Constitution, federal spending would be WELL BELOW 18%. This Amendment would actually guarantee BIG Government, FOREVER.

Second, it assigns the President some legislative powers that the Constitution reserves to Congress. For example, it assigns the President "fast track" authority to negotiate trade agreements with other nations, which must be voted up-or-down with no amendments by Congress.

It is Congress's responsibility to introduce, debate, and amend bills. Don't give away these powers to the President.

Third, it enacts malpractice reform. This turns federalism on its head and turns Republicans into hypocrites regarding healthcare.

The relationship between a doctor and patient is personal. It's NOT "interstate commerce." When patients sue doctors, they use state courts, under state laws.

Congress has no more constitutional authority to enact malpractice reform than it had power to enact the individual health insurance mandate in Obamacare.

These problems with S.1720 are unfortunate because there are good provisions in the bill...

* It simplifies individual and corporate taxes, and caps rates at 25%
* It repeals Obamacare and Dodd-Frank
* It limits the regulatory power of bureaucrats
* And allows domestic energy development

But these gains must NOT come at the price of the Constitution.

Don't be hypocrites. Be consistent about Constitutional principle. Pass provisions that ease the regulatory and tax burdens on the American people. But follow the Constitution as you do it.

END LETTER

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