Congresswoman McMorris Rodgers and the Constitution

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Republican Congresswoman from Spokane, Cathy McMorris Rodgers, cosponsored a bill to make certain types of punishment and restraint illegal in schools.

She says in her piece on CNN.com, "It's difficult to believe, but there are no federal laws to prevent this from happening." I don't see how it is difficult to believe that there's no federal law regarding a purely state matter. While I have nothing against the aim of this legislation -- to restrict these particular practices -- it is nevertheless obvious that the law has no constitutional foundation, and further obvious that the citizens of each state -- being guaranteed a republican form of state government by the Constitution -- are fully capable of fixing the problem without federal legislation.

She never even attempts to say what justifies such an intrusion into the states. On her Facebook page -- I am on her friends list -- several people are congratulating her. They say the law is justified because "some states don't have these laws" and "states sometimes need a swift kick in the bumpus."

Last time I checked my Constitution, there was no clause that read, "the federal government can take over state functions if the states choose not to."

Even worse, many of these people are parrotting the Democratic deception that if you classify something as a "right," then that justifies federal intrusion. By that standard, almost any criminal statute can become a federal statute.

It's disheartening to see so many Republicans continuing -- in the face of the events of the last few years -- to jump on this bandwagon accelerating down the slippery slope toward tyranny.

I don't fault McMorris Rodgers' intentions, but it's obvious that good intentions are not good enough from a government. Following the Constitution and the important principles of limited government it is based on is the means by which our liberty is protected: it's what allows us to know we can speak freely, own property, purchase (or not purchase!) goods and services of our choice. McMorris Rodgers, through her misguided though well-intentioned sponsorship of this bill, is fighting against those liberty-protecting principles, and -- hopefully -- against the tide of change in her own party.

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<pudge/*> (pronounced "PudgeGlob") is thousands of posts over many years by Pudge.

"It is the common fate of the indolent to see their rights become a prey to the active. The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime and the punishment of his guilt."

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This page contains a single entry by pudge published on December 10, 2009 7:54 AM.

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