Normally Democrats aren't very concerned if their proposed laws are Constitutional.
Heck, for the most part they're aren't concerned much about the Constitution except how it may prove an inconvenient stumbling block in their plans or how the Commerce Clause lets them ignore the rest of the document
For those with short memories see Nancy Pelosi on the Constitution and Obamacare - "Are you Serious, Are You Serious?"
But when their agenda is stymied, Democrats suddenly go into full-tilt originalist constituional scholar mode, searching for snippets of the Constituion that they can use to support their goals.
Remember the advice for Obama to use the 14th amendment to override the debt limit couldn't stop him from issuing new debt?
Eugene Volokh over at the Volokh Conspiracy in his post An Odd Proposal for Recess Appointments
blogs about the latest originalist proposal by lefty Michael Tomasky to have the President adjourn Congress so he can make recess appointments, which those nasty Republicans have stymied by not adjourning the House.
Funny how Democrats start forgetting about the "living, breathing document school and suddenly start reading the Constitution in scholarly detail with every word given meaning when they need to do so.
The comments to the post, especially those from the left side of Volokh's readership, are quite fascinating.
Update: Ann Althouse has a post on yet another example of this phenomenon in action: Oh, look! A liberal is talking about whether something can be "squared with the Constitution."
Brr...
20 minutes ago
No comments:
Post a Comment