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NEWS FLASH

Even Redstate Can’t Ignore Michele Bachmann’s Constitutional Ignorance | The core of the Tea Party’s bizarre belief that everything from Social Security to Medicare to the Affordable Care Act violates the Constitution is tentherism — the belief that the 10th Amendment renders the United States as a whole almost completely impotent and leaves the most basic governance decisions up to the states. Rep. Michele Bachmann (R-MN), however doesn’t even understand how this phony tenther constitution works and she has repeatedly insisted that laws such as the Affordable Care Act are unconstitutional even at the state level. Indeed, Bachmann’s failure to understand the Tea Party’s fake constitution is so striking that the leading conservative blog RedState has had it with her “constitutional ignorance.” Bachmann’s failure to understand tentherism “is either ignorance on display or dishonest pandering,” according to RedState.

NEWS FLASH

Major Republican Donor Strikes Down Affordable Care Act | Republican Judge Christopher Conner issued an opinion this morning striking down part of the Affordable Care Act. Prior to his appointment to the bench by President George W. Bush, Conner was a major GOP donor — giving over ten thousand dollars to GOP candidates and campaign committees between 1997 and 2000. Conner’s donations include a max-dollar $1000 contribution to Bush and multiple donations totaling $2000 to former Sen. Rick Santorum (R-PA). His decision will appeal to the Third Circuit, which currently has a 7-6 partisan breakdown favoring Democrats, and one vacancy.

Economy

Perry’s Newest Endorser, Gov. Bobby Jindal, Refuses To Agree That Social Security Is An Unconstitutional Ponzi Scheme

ThinkProgress filed this report from the GOP presidential debate in Tampa, Florida.

Though Texas Gov. Rick Perry (R) picked up the support of Bobby Jindal yesterday, the Louisiana governor was unwilling to endorse Perry’s tough talk on Social Security, despite repeated questions from reporters after the Republican presidential debate.

In his book Fed Up!, published in November 2010, Perry called Social Security unconstitutional, a claim he stood by after a question from ThinkProgress last month. Since that time, Perry has repeatedly called the retirement program a “Ponzi scheme” and a “monstrous lie.

Following yesterday’s debate in Florida, Jindal spoke with the press about Perry’s performance. However, as reporters asked Jindal whether he agreed with Perry that Social Security is a Ponzi scheme, the Louisiana governor ducked the question, repeatedly saying, “call it whatever you want” and “I don’t care what you call it.” When ThinkProgress asked Jindal if he agrees that Social Security is unconstitutional, he again demurred.

REPORTER: Is Social Security a Ponzi scheme?

JINDAL: Look, call it whatever you want. What was clear to me today was that when you listen to all the different candidates, they essentially agree with Gov. Perry’s position. [...]

REPORTER: Do you agree with that characterization that it’s a Ponzi scheme?

JINDAL: Look, I don’t care what you call it. What’s important is that if we don’t do anything it will not continue to be sustainable for younger workers. [...] Call it whatever you want, the bottom line is it’s not sustainable, it needs to be fixed. Look, people in Texas talk differently from people in Louisiana. They have a different accent, they use all kinds of different words. It doesn’t matter what you call it, what’s most important is the substantive point he was making.

KEYES: Do you think he’s right that it’s unconstitutional?

JINDAL: Look, bottom line on Social Security, I think you heard everybody agree with the governor tonight that it needs to be kept and preserved for the seniors in the system that are approaching retirement, but it also needs to be reformed and improved for younger workers.

Watch it:

Sen. Bernie Sanders (I-VT) has proposed a progressive solution to ensure Social Security’s solvency for the next 75 years: simply lift the payroll tax cap.

NEWS FLASH

Opponents Of Michigan Emergency Manager Law Near Signature Goal | Activists in Michigan have been fighting Gov. Rick Snyder’s (R) emergency financial managers law, which “allows appointees to fire elected officials, break contracts, privatize services and dissolve towns,” and opponents now say they will have enough signatures by the end of the month to suspend the law and put it on the ballot next November as a referendum. The Michigan Citizen reports that thanks to “a major push by volunteers over the Labor Day weekend,” the coalition behind the effort should have the necessary 161,000 signatures soon. They currently have 120,000 signatures. Several lawsuits challenging the constitutionality of the law are also pending.

Michele Bachmann: U.S. Immigration ‘Worked Very, Very Well’ Under The Asian Exclusion Act

Under Bachmann's Immigration Policy, Lt. Hikaru Sulu Would Not Be Allowed In The United States

In 1924, Congress passed a package of immigration laws — including the National Origins Act and the Asian Exclusion Act — establishing a quota system giving preferential treatment to European immigrants. Under these laws, the number of immigrants who could be admitted from a given country was capped at a percentage of the number of people from that nation who were living in the United States in 1890. Because Americans were overwhelmingly of European descent in 1890, the practical effect of these laws was an enormous thumb on the scale encouraging white immigration.

These quotas were eliminated by the Immigration and Nationality Act of 1965, an act which is widely credited for opening up our nation to new Americans of Asian and Central and South American descent. At last night’s CNN/Tea Party Republican presidential candidates’ debate, however, Bachmann claimed this decision to eliminate our past, misguided immigration policy was a big mistake.

The immigration system in the United States worked very, very well up until the mid-1960s when liberal members of Congress changed the immigration laws. What works is to have people come into the United States with a little bit of money in their pocket, legally, with sponsors so that if anything happens to them they don’t fall back on the taxpayers to take care of them.

Watch it:

It’s worth noting that the 1924 laws that Bachmann believes to have worked so very well singled out certain people for particularly harsh treatment. As immigration scholar Roger Daniels explains:

1924 law also barred “aliens ineligible to citizenship” – reflecting the fact that American law had, since 1870, permitted only “white persons” and those “of African descent” to become naturalized citizens. The purpose of this specific clause was to keep out Japanese, as other Asians had been barred already.

It is anyone’s guess why Bachmann thinks America was better off when our immigration policy actively fought to maintain the nation’s white majority and wrote Asians out of the American story.

Update

It’s worth noting that the ban on Japanese immigrants was weakened in 1952 by the McCarran-Walter Act, but that act only established “token quotas for Asian immigration” that still excluded Asians from meaningful access to the American immigration system.

NEWS FLASH

GOP Congressman Wants Judiciary Committee To Investigate Obama’s ‘Uncle Omar’ | Last month, President Obama’s uncle, Onyango Obama, was arrested for allegedly driving under the influence. Now Rep. Steve King (R-IA), a member of the House Judiciary Committee, says Congress should hold formal hearings into whether Obama’s uncle received preferential treatment during his deportation proceedings. “We have to bring drunken ‘Uncle Omar’ in front of the House Judiciary Committee, drill down into this, and tell America what’s going on,” King said on Fox News. There is no evidence that Onyango Obama received preferential treatment, and the White House has said they have not tried to intervene on his behalf. But, according to The Hill, Republicans are exploiting the personal family matter and “see the case as an opportunity to hit the president on his recently announced immigration policy, in which officials were instructed to exercise prosecutorial discretion in deportation cases.”

VIDEO: Rick Perry Calls Medicare And Social Security Unconstitutional

At last night’s CNN/Tea Party Republican presidential candidate’s debate, Texas Gov. Rick Perry (R) repeatedly refused to answer whether he still believes that Social Security is unconstitutional, but Perry wasn’t always so shy. Just last December, Perry addressed a group of conservative lobbyists and state lawmakers at the American Legislative Exchange Council’s National Policy Summit, and he openly and proudly declared his belief that most of the 20th Century violates the Constitution:

The nearly unlimited scope of the federal government contradicts the principles of limited, constitutional government that our founders established to protect us. [...]

The assault on those boundaries continued into the Roosevelt New Deal. [...] [T]he New Deal’s legacy is a glut of federal programs, and [sic] including a bankrupt Social Security system. I don’t know how you would call it anything other than that. I promise you, my two twenty-something year old kids understand that Social Security is a Ponzi scheme. It is a Ponzi scheme on the scale that would make Bernie Madoff look like an amateur. [...]

Then came along President Johnson and its Great Society, and it further eroded our founding fathers’ boundaries that they had put upon the federal government. Medicare! Medicaid!

Watch it:

So Perry knows perfectly well how to explain his belief that America’s seniors must be left in the cold without Social Security or Medicare. He’s just too afraid to say it again now that he wants to be president.

Justiceline: September 13, 2011

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice.

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