If you've a taste for vacuous and unchallenged answers to facile questions, by all means watch Sharron Angle's interview with the Las Vegas Review-Journal editorial board. It's like cheerleaders interviewing the star quarterback for a small town high school newspaper. OK, that's unfair. Your Gleaner apologizes to small-town high school newspapers.
The interview reveals little that everyone didn't already know about Angle (and, for that matter, the R-J) and the RJ's account in the paper is serviceable, given what there was to work with.
But one exchange that didn't make that story caught your Gleaner's eye, because I'm such a full-on dork, probably, and, well, here I go...
Angle, who constantly confuses her fetish for the Constitution with knowledge of it, was nattering on about the unconstitutionality of "Obamacare," at which point some disembodied R-J voice dismissively mentioned the Constitution's "necessary and proper" clause.
"Ha, ha, ha," Angle responded, contemptuously. "You know, this is one thing that I've found being a legislator -- for every law there's a loophole. And they've been trying to find loopholes in the Constitution for years." Angle then reverted to her sound bites without explaining what, if anything, the necessary and proper clause means to her.
Well. Damn those founders! By concluding Article 1, Section 8 with the assertion that Congress has the authority "to make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department of Officer thereof," they saddled Real Americans with a loophole big enough to drive a truck full o' social and economic justice through -- if politicians and American are ever of mind to do so.
Angle is right (!?!) to suggest that people have been exploiting that "loophole" for years -- about 220 years, actually. The founders started disagreeing over the "necessary and proper" clause almost as soon as the Constitution was ratified (while the founders themselves argued over the meaning of the Constitution, fortunately, for America, Angle has determined conclusively exactly what they meant, so that's a relief, no?).
One of the first battles broke out (apologies if you've heard this story before) when Hamilton convinced Congress to establish a national bank. Madison and Jefferson beseeched Pres. Washington to veto the bill on the grounds that there is nothing in the Constitution that specifically says Congress can create a bank. Sharron Angle would approve:)
But Hamilton told Washington that the government has implied powers "to impose all the MEANS requisite and fairly applicable to the attainment of the ENDS" that are outlined in the Constitution. Hamilton rested his case specifically on the "necessary and proper" clause. Sharron Angle would not approve:(
Washington agreed with Hamilton.
Damn that socialist George Washington! He used an un-American loophole in the Constitution to foist his Big Government agenda on We the People! Did anybody even bother to check Washington's birth certificate?
Now, this is not to argue that the necessary and proper clause, along with the commerce clause, renders the health care law constitutional (though something along those lines seems to be the consensus among legal eggheads).
But it is as amusing as it is predictable to see self-described constitutional "soldier" Sharron Angle, who stands for nothing if not rigid adherence to the Constitution, laughingly scoff at a portion of the original document which she finds inconvenient and arrogantly dismiss the ultimate paragraph of Article 1 Section 8 as a mere "loophole."
The Constitution and original intent(s) are more complex -- and vastly more interesting -- than one would ever know from Angle and Co. and their routine but shallow appropriation of the subject matter as theirs and theirs alone. The founders were human beings, flawed and fallible. But they deserve better than vapid worship from ignorant demagogues.
Oh, by the way .... in a separate appearance, Angle last week promised that if elected, she would introduce a bill to impose term limits on Supreme Court Justices. Limiting the terms of judges may be a perfectly good idea. But it can't be done with a bill. Article 3 of the Constitution states that judges "shall hold their Offices during good Behavior," i.e., for life, so limiting their terms would require a constitutional amendment.
A simple slip of the tongue, perhaps -- though an embarrassing one for a person whose entire political persona is structured around her smug presumption that she understands the Constitution and you don't.
(Readers with additional questions about right-wing constitutional theory are reminded to consult "Area Man Passionate Defender of What He Imagines Constitution To Be," which remains the standard work in the field.)
Recent Comments