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THE MUSINGS OF A TRADITIONAL SOUTHERN DEMOCRAT

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Location: Douglas, Coffee Co., The Other Georgia, United States

Sid in his law office where he sits when meeting with clients. Observant eyes will notice the statuette of one of Sid's favorite Democrats.

Saturday, May 22, 2010

After Explaining a Provocative Remark, Paul Makes Another -- His campaign cancels his scheduled appearance on Sunday’s “Meet the Press” program.

From The New York Times:

Rand Paul, the newly nominated Republican candidate for Senate from Kentucky, touched off more controversy on Friday by calling the Obama administration “un-American” for taking a tough stance with BP over the company’s handling of the oil spill in the Gulf of Mexico.

A day after he was forced to explain remarks he had made suggesting he was not fully supportive of the landmark Civil Rights Act of 1964, Mr. Paul set off yet another round of Twitter, cable television and e-mail chatter by lambasting President Obama and his aides for insisting that BP be held accountable — and pay — for the oil spill cleanup and damage.

By Friday afternoon, Mr. Paul’s campaign had canceled his scheduled appearance on Sunday’s “Meet the Press” program.
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UPDATED: From an article in The Wall Street Journal entitled "Paul Remarks Have Deep Roots":

Republican candidate Rand Paul's controversial remarks on the 1964 Civil Rights Act unsettled GOP leaders this week, but they reflect deeply held iconoclastic beliefs held by some in his party, and many in the tea-party movement, that the U.S. government shook its constitutional moorings more than 70 years ago.

Mr. Paul and his supporters rushed to emphasize that his remarks did not reflect racism but a sincerely held, libertarian belief that the federal government, starting in the Roosevelt era, gained powers that set the stage for decades of improper intrusions on private businesses.

In tea-party circles, Mr. Paul's views are not unusual. They fit into a "Constitutionalist" view under which the federal government has no right to dictate the behavior of private enterprises. On the stump, especially among tea-party supporters, Mr. Paul says "big government" didn't start with President Obama, Lyndon Johnson's Great Society of the 1960s or the advance of central governance sparked by World War II and the economic boom that followed.

He traces it to 1937, when the Supreme Court, under heated pressure from President Franklin Roosevelt, upheld a state minimum-wage law on a 5-4 vote, ushering in the legal justification for government intervention in private markets.

Until the case, West Coast Hotel v. Parrish, the Supreme Court had sharply limited government action that impinged on the private sector, infuriating Mr. Roosevelt so much that he threatened to expand the court and stack it with his own appointees.

"It didn't start last year. I think it started back in 1936 or 1937, and I point really to a couple of key constitutional cases… that all had to do with the commerce clause," Mr. Paul said in an interview before Tuesday's election, in which he defeated a Republican establishment candidate, hand-picked by Senate Minority Leader Mitch McConnell (R, Ky.).

Last week, Mr. Paul encouraged a tea-party gathering in Louisville to look at the origins of "unconstitutional government." He told the crowd there of Wickard v. Filburn, a favorite reference on the stump, in which the Supreme Court rejected the claims of farmer Roscoe Filburn that wheat he grew for his own use was beyond the reach of federal regulation. The 1942 ruling upheld federal laws limiting wheat production, saying Mr. Filburn's crop affected interstate commerce. Even if he fed his wheat to his own livestock, the court reasoned, he was implicitly affecting wheat prices. If he had bought the wheat on the market, he would subtly have raised the national price of the crop.

"I'm not for having a civil war or anything like that, but I am for challenging federal authority over the states, through the courts, to see if we can get some better rulings," he said.

But to Democrats, some Republicans and even some libertarians, Mr. Paul's arguments seem detached from the social fabric that has bound the U.S. together since 1937. The federal government puts limits on pollutants from corporations, monitors the safety of toys and other products and ensures a safe food supply—much of which Mr. Paul's philosophy could put in question.

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