Their ghosts must be smiling as a surge of states rights fervor sweeps the land.
The reactionaries are invoking interposition-style tactics on more than health care. They want to limit federal authority to use the National Guard (Orval would have liked that); to sidestep firearm laws; to legalize medical use of marijuana; to limit federal law enforcement authority.
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The Constitution and court precedent would seem to make all these losers in the long run. (Well, maybe not court precedent, given the Roberts-Alito-Scalia-Thomas-Kennedy-Federalist Society court.)
As luck of timing would have it, Ernest Dumas has considered this legal development in a thoughtful column this week. An early view:
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