Video: Rick Perry asserts Texas’s Tenth Amendment rights
posted at 4:00 pm on April 14, 2009 by Allahpundit
Not sure why Drudge is touting this today given that it was uploaded almost a week ago. Maybe it’s a tea-party aperitif or maybe it’s just his wry counterpoint to the DHS report on “right-wing radicals.” Either way, it’s a dynamite stunt by Perry, guaranteed to resonate tomorrow and to raise his profile with the base ahead of 2012. There’s no reason I can think of, aside from pure showmanship, to pass a resolution formally asserting their Tenth Amendment rights; if they’re serious about challenging The One on that ground, they could just pick some federal statute and sue. They’d almost certainly lose — the courts historically have treated the Tenth Amendment as a glorified footnote — but Anthony Kennedy’s been surprisingly conservative in some of his federalism jurisprudence. He, Scalia, and Thomas were all part of the conservative majority that revived limits on the Commerce Clause 15 years ago. The time might be ripe for a Tenth Amendment reawakening in a similar vein. Picture it: A right-wing Court deftly wielding a key clause from the Bill of Rights to strike down one piece of progressive economic legislation after another. What could go wrong?
I’m tempted to check Memeorandum to see how many nutroots all-stars are breathing into paper bags and spinning this as some sort of neo-confederate call for secession, but the aggravation’s just not worth it.