Apr 8, 2010
After intensive search ‘Manoogian’ Mike finds a lawyer to support his grandstand lawsuit
Michigan Attorney General and Republican Gubernatorial Candidate ‘Manoogian’ Mike Cox’s grandstand play to gain the votes of the extremists that control the Republican Party with his lawsuit challenging the constitutionally of the health care insurance reform bill signed into law by the President is going no where.
Multiple provisions of the Constitution permit Congress to enact this reform legislation, including the Commerce Clause, and legal experts, including conservative scholars, are therefore uniformly saying that any lawsuit to stop it will undoubtedly fail. But Cox and the 12 Republican AG’s scoured the country to find a legal scholar to back up their shaky position. After searching high and low, they found one: Randy Barnett of Georgetown University.
He has been making the rounds of media outlets all over the country trying to make the case for Cox and company. The problem is Barnett is a rightwing tool, and not one media outlet even talks about his affiliations. Jared Goldberg at A Jared Manifesto lays it out.
“He's an attorney In short, Barnett is a libertarian loon. When he was at Boston University's law school, he served as an adviser to the Federalist Society, a right wing law school organization "dedicated to reforming the current legal order" in a right wing image.
Currently, he serves as a fellow at the Cato Institute and the Goldwater Institute. In 2009, he proposed a "Bill of Federalism", a set of ten amendments to the Constitution which, in effect, would codify libertarian and conservative beliefs.”
One constant refrain we are hearing from the right on health insurance reform is that citizens have never had to purchase something as a condition of citizenship or that the government required you to buy something. If you ignore the fact that you can be ticketed by the police for not having auto insurance, there’s something called the Militia Act of 1792.
The act says:
“That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder.”
Clearly, the government required you to purchase something with the phrase “That every citizen,” but where was the hue and cry and “tea parties?”
People pushing for unrestricted access to guns use the act to justify their position. But the citizen-militia was replaced by the Militia Act of 1903, which established the National Guard as the chief body of organized military reserves in the United States.