In recent posts I have taken the time to address the subject of Originalism within the Tea Party. Those posts have been clear, that I do not think Originalism exists in the Tea Party movement, to any degree that is catching the attention of journalists with more time and experience in the field, than I do. In Monday's post I was questioning whether Congressman Ron Paul is an Originalist.
Using the various search engines to be found on the internet, I have discovered no connection yet to Paul and Originalism. Paul does, however, have some interesting ideas that harken the lamp of Originalism; it is simply that I can find no link between the philosophy and the man. Using the search engine on RonPaul.com presents you with "Apologies, but no results were found," both for 'Originalism' and 'Originalist'.
The Congressman has been heard many times calling for a review of the philosophy of government. Using 'philosophy' in his fan site's search engine does bring up many instances related to his own philosophy, "with his trademark message of downsizing the federal government, bringing our troops home, balancing the budget and ending the Federal Reserve."[1] But they fall short of saying he is an Originalist. His own site has no search engine.
There is some hope that he 'leans' toward an Originalist reading.[2] On the website maintained by his own staff, he refers to the 'war on drugs' as "that disastrous and unconstitutional war." But then instead of addressing the reasons for its un-Constitutionality, Paul begins to sound like an apologist, saying "the federal drug war creates many additional dangers, while failing to reduce the problems associated with drug abuse." The question then becomes, as I have pointed out in previous posts on various subjects: If the war on drugs did NOT fail to reduce the problems associated with abuse; in other words, if the war on drugs DID reduce such problems as are associated with abuse, would Paul still consider the law to be un-Constitutional? Is there not a right for adults to use (or even abuse) so long as their use/abuse was private, or consensually used with other adults?[3]
Under the tab 'Who is Ron Paul?" we read that he is "the leading spokesman in Washington for limited constitutional government," and "Dr. Paul never votes for legislation unless the proposed measure is expressly authorized by the Constitution."
But in his criticism of the 'war on drugs' he rose on the floor of the House of Representatives "in reluctant support for S. 1789, the Fair Sentencing Act. My support is reluctant because S. 1789 is an uncomfortable mix of some provisions that reduce the harms of the federal war on drugs and other provisions that increase the harms of that disastrous and unconstitutional war. I am supporting this legislation because I am optimistic the legislation's overall effect will be positive."
So it is incorrect to say that Paul 'never' votes for un-Constitutional legislation. In this case he voted to change it, not eliminate it.
But Ron Paul is the front-runner in the House on the issue of freedom and liberty, according to the Constitution as he sees it.
The question still remains, lacking any discoverable evidence, whether Paul is an Originalist. This is important, because the Tea Party needs a leader who uses Original Intent, and does not simply pay it lip service.[4] The Tea Party is showing a propensity for getting sharply defined cuts in budged spending; but if money is continued to be spent on un-Constitutional laws (or eliminated from some) without attacking the root cause--the existence of the law itself--then that law, or others like it, are free to be hoisted back into Congress by the next liberal/progressive government.
Disclaimer: RonPaul.com is maintained by independent grassroots supporters of Ron Paul. Neither this website nor the articles, posts, videos or photos appearing on it are paid for, approved, endorsed or reviewed by Ron Paul. For Ron Paul's official website go to House.gov/Paul
[2] See Randy E. Barnett's Original Means vs. Intent
[3] See Speeches and Statements then The Statement on the Fair Sentencing Act (see)
[4] I sent an advance copy to the Congressman's Office, but I do not expect a reply before this is published.I will however share any answers in this blog, after an answer is received.
© Curtis Edward Clark 2011
Visit the Atheist-AA Google Group
http://groups.google.com/group/atheist-aa
No comments:
Post a Comment