It's hardly a surprise that Sen. Jim DeMint (R-S.C.) has fully embraced "Tenther" attitudes -- rejecting the federal government's authority to do much of anything based on a long-discredited, right-wing interpretation of the 10th Amendment.Got that? A government run health care program and a social safety net like Medicare and Social Security are untenable and unconstitutional, but they have to remain untouched because we made a promise to our seniors.So, when DeMint told Aaron Wiener over the weekend that he thinks Congress lacks the "constitutional authority" to intervene on health care policy, it was fairly predictable. Of far greater interest was DeMint's response when asked about Medicare. This matters, of course, because if there's even a shred of intellectual consistency to the Tenther approach, everything from Medicare to Social Security, the G.I. Bill to the interstate highway system, should be deemed unconstitutional.
DeMint expressed doubts as to the legality of Medicare under the Constitution, but said, "Regardless of constitutionality, it is a promise that we have to keep.... I think Medicare and Social Security have to be protected."
"Regardless of constitutionality" strikes me as an instant classic. Indeed, it's the worst of both worlds -- DeMint's ideology is so far gone that he actually believes Medicare and Social Security are unconstitutional, but DeMint's principles are so weak that he supports the illegal programs anyway.
For the American mainstream, DeMint's legal analysis makes him a nut. For the Tenther fringe, DeMint's willingness to deliberately endorse policies he considers unconstitutional makes him a sell-out.
"Regardless of constitutionality" indeed. It's just a piece of paper to them, and it means whatever they say it means.
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