DeMint And Ensign Look To Right-Wing Think Tanks Rather Than Judges To Interpret The Constitution
OPS_admin | Dec 23, 2009 | Comments 0
DeMint And Ensign Look To Right-Wing Think Tanks Rather Than Judges To Interpret The Constitution
demintensigncoburn Sens. Jim DeMint (R-SC) and John Ensign (R-NV) announced yesterday that they would invoke an unusual Senate procedure — a “constitutional point of order” — to allow the Senate to rule by majority vote on whether the “Democrat health care takeover bill” is unconstitutional.
Significantly, neither DeMint nor Ensign cite a single judge, justice or reputable constitutional scholar who believes that health reform is unconstitutional. Instead, they rely entirely on a study by the right-wing Heritage Foundation, a radical “tenther” organization which has endorsed the view that Medicare, Medicaid, Social Security, the federal minimum wage, and the federal ban on workplace discrimination and whites-only lunch counters are all unconstitutional. Sen. Max Baucus (D-MT), rebuts DeMint and Ensign’s constitutional claim by citing numerous constitutional scholars — including right-wing law professor Jonathan Adler — who all agree that health reform is constitutional. Moreover, as ThinkProgress has previously explained, even ultra-conservative Justice Antonin Scalia disagrees with the tenther attack on health reform.
Sadly, DeMint and Ensign’s attempt to change the meaning of the Constitution by invoking a constitutional point of order is an all too familiar tactic. As CQ reports, Republicans often invoke this procedure to claim that bills they don’t like must therefore be unconstitutional. Sen. Tom Coburn (R-OK) recently invoked the procedure to claim that a $200,000 federal grant to an Omaha, Neb. museum somehow violated the constitution. Sen. John McCain (R-AZ) used it to protest a bill to enfranchise D.C. residents.
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