Repealer Amendment

Mae Kuykendall mae.kuykendall at
Sat Sep 18 06:14:24 PDT 2010

It does seem that the idea of "getting back to the Constitution" is not
about text or original intent, but about a symbol of purity.  One can
argue about what the purity embodies, since the assertions by the
adherents of the Tea Party are relatively content free.  Wanting less
government and to stand on one's own is a nostalgia for an agrarian
past, with the idealization of independent, self-sustaining farmers. 
It's hard to think there is no race element whatever in the nostalgia,
since the content free appeal to an earlier time, with founding
generation icons who were all white, at least implies a longing for
racial homogeneity.  Some of those longing for homogeneity have names
that were not present at the founding, but those ethnic distinctions
have become less salient, enabling them to imagine the founding
generation as being like them and themselves as being welcome
compatriots of the founding generation.   The good news is that the
candidates are quite photogenic.

>>> Robert Sheridan <rs at> 9/18/2010 12:12 AM >>>

On 9/17/2010 7:23 PM, Jon Roland wrote:
> The essence is libertarian constitutionalist, not social

Oh, so that's what makes the Tea Party movement okay, part of the Great

American Mainstream!

Isn't this the argument that the right-wingers use to condemn nominees

like Sotomayor and Kagan, that they're out of the mainstream?  As tho'

the R-wing owns the rock in midstream?

The Know-Nothings were libertarian constitutionalists, too, protecting

the America they had in their sclerotic little minds and to hell with 
anyone else.

Changing labels from OCD to Bi-polar doesn't make the TPM fans a single

bit less crazy, not with Sarah Palin leading the charge.  And Rand 
Paul.  And Mike Huckaby.  "We ARE America," their new champion, Ms. 
Donnelly, was heard to proclaim today.  Well bully for her.  So are the

Mexican-Americans and the Muslims, along with the Irish, the Jews, and

Italians, the latter all the backwater people when I was an infant, 
since then becoming first-class Americans, after a lot of struggle over

a lot of time.  The TPM loves black people, too, I bet.

Where is Tina Fey when we need her?

Pity the TPM folks've lost their constitution and can't seem to find 
it.  Perhaps if they read a facsimile under the light they could find 
and make sense of it.

Do Scalia, Thomas, Roberts and Alito claim to have lost the 
constitution?  Or are the TPM folks so far to the right of these four 
conservatives that they've gone totally around the bend?

Can you imagine Scalia cheering on the TPM version of Conlaw,
"Yes, you've got it!"?

Somehow I doubt it.

For one thing, I hear he can read.

To post, send message to Conlawprof at
To subscribe, unsubscribe, change options, or get password, see

Please note that messages sent to this large list cannot be viewed as
private.  Anyone can subscribe to the list and read messages that are
posted; people can read the Web archives; and list members can (rightly
or wrongly) forward the messages to others.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <>

More information about the Conlawprof mailing list