Tea Partiers Introduce Some More Blatantly Un-Constitutional Legislation

The pace at which the Tea Parties' armchair Constitutional scholars are introducing blatantly un-Constitutional legislation is quite impressive.

Here's Ian Millhiser over at Think Progress with a run-down of what should be called Virginia's 'We Never Fought a Civil War Over This Crap Act':

In response to the landmark Affordable Care Act, numerous right-wing state lawmakers have introduced unconstitutional bills attempting to nullify this federal law. Earlier this week, however, the Virginia House of Delegates went even further, passing a sweeping nullification bill that directly conflicts with numerous Supreme Court decisions:

All goods produced or manufactured, whether commercially or privately, within the boundaries of the Commonwealth that are held, maintained, or retained within the boundaries of the Commonwealth shall not be deemed to have traveled in interstate commerce and shall not be subject to federal law, federal regulation, or the authority of the Congress of the United States under its constitutional power to regulate commerce.

It is all but certain that the Supreme Court will uphold the Affordable Care Act under its existing precedents, but this specific question has yet to reach the justices themselves. The Virginia House’s attempt to prevent the federal government from regulating locally produced goods, by contrast, is a direct assault on the judiciary. The Supreme Court has repeatedly held that Congress does not simply have the power to regulate commerce that crosses state lines, it also has the power to regulate wholly intrastate matters that “substantially affect interstate commerce.”

The Virginia Legislature has pulled this stunt before. In 1956, Virginia lawmakers objected to a different Supreme Court decision — Brown v. Board of Education. Rather than acknowledging that they are bound by the Constitution, however, these lawmakers instead enacted a “resolution of interposition” claiming that they were “duty bound” to defy the Supreme Court

Will the Northern states be forced to once again invade and occupy Virginia and the other handful of states now rebelling against subsidized health-care?

PS: If you missed it, check out my column from last week, "Republicans Say Everything the Dems Pass Is Unconstitutional -- Even Policies They've Championed for Decades"

AlterNet / By Joshua Holland

Posted at January 29, 2011, 10:29am

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