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Drudge Goes All in With "Secession" Meme as the Republican War on the Constitution Escalates

There is no greater oxymoron in America's political discourse than the “Constitutional conservative.”

In the wake of Barack Obama's decisive victory over Mitt Romney, we are again reminded that there is no greater oxymoron in America's political discourse than the “Constitutional conservative.” Nobody has less respect for the federalism enshrined in that document than today's Tea Party Right.

Matt Drudge – who dignified himself during the race with endless scare-stories warning that African Americans would launch a race war if Obama won – has full embraced what he calls the “secession movement” (because a bunch of angry Facebook posts and a petition now qualify as a mass movement).

According to the Daily Caller, “Less than a week after a New Orleans suburbanite petitioned the White House to allow Louisiana to secede from the United States, petitions from seven states have collected enough signatures to trigger a promised review from the Obama administration.” The report notes that 69 similar petitions have garnered over 675,000 signatures from all 50 states, prompting a “review” that will no doubt consist of junior White House staffers enjoying a good laugh before placing the petitions in their circular file.

Not to be left out of this little cyber-Civil War, someone offered a competing petition urging the administration to “Strip the Citizenship from Everyone who Signed a Petition to Secede and Exile Them.”

Mr. President, please sign an executive order such that each American citizen who signed a petition from any state to secede from the USA shall have their citizenship stripped and be peacefully deported.

It's all fun and games when it comes to the White House's petitions page, but this anti-Constitutional secessionist tendency is playing out in far more serious ways in states with hard-right governors and Republican-controlled legislatures.

The Milwaukee Journal-Sentinel reports that in Wisconsin – where Governor Scott Walker appears to have been somewhat chastened by the failed attempt to recall him last year – a group of hard-right law-makers are openly flouting the federal government's authority.

As Gov. Scott Walker contemplates whether to create a state health care exchange under Obamacare, he will have to contend in the coming legislative session with nine lawmakers who have said they back a bill to arrest any federal officials who try to implement the health care law....

...Their stance on the Affordable Care Act, or Obamacare, could cause the most fireworks in the upcoming session. Walker must decide by Friday whether the state will create a health care exchange under the health care law or leave those duties to President Barack Obama's administration.

Rep. Chris Kapenga (R-Delafield) is one of the nine from Wisconsin who told the Campaign for Liberty he would back legislation to declare Obamacare illegal and allow police to arrest federal officials who take steps to implement it in Wisconsin. He said he believes the health care law is unconstitutional, despite the U.S. Supreme Court's ruling that it passes constitutional muster.

"Just because Obama was re-elected does not mean he's above the constitution," Kapenga said.

Kapenga appears to believe he is above the Constitution. Article 3 created the Supreme Court and Section 2 gave the court – and only the court -- the power to litigate disputes between the federal government and the states. Several states sued last year, claiming that Obamacare exceeded the federal government's authority. The Supreme Court considered their arguments and rejected them, ruling that the health-care reforms did pass Constitutional muster. Now we have a group of self-anointed “Constitutional conservatives” thumbing their noses at the court and ignoring the Constitution's Supremacy and Commerce clauses.

A number of Republican governors have talked about “nullifying” the new health-care law, based on a wildly erroneous reading of the 10 th Amendment (which reserves powers not given to the federal government for the states). Nullification, like secession, is a concept that we litigated during the Civil War.

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