●As much as he dislikes the New Deal, Perry is even less happy about the Great Society, suggesting that programs such as Medicare are unconstitutional. “From housing to public television, from the environment to art, from education to medical care, from public transportation to food, and beyond, Washington took greater control of powers that were conspicuously missing from Article 1 of the Constitution,” he writes.
Whoa! These are not mainstream Republican views — at least, not any Republican mainstream post-Goldwater and pre-Tea Party. Even Ronald Reagan, who had once criticized Social Security and Medicare, was backing away from those positions by the 1980 presidential campaign…
Perry’s ideas range from wrongheaded to terrifying: requiring federal judges to stand for reappointment and reconfirmation; and letting Congress override the Supreme Court with a two-thirds vote in both houses. This “risks increased politicization of judicial decisions,” Perry allows, “but also has the benefit of letting the people stop the court from unilaterally deciding policy.”
Some benefit. Imagine what would have happened in the aftermath of Brown v. Board of Education if the Perry rule were in place.