One law school professor on the law, legal education and everything (with apologies to the late Douglas Adams)
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The Attack of the 10th Amendment

Governor Tim Pawlenty of Minnesota thinks that he can use the 10th Amendment to exempt his state from Health Care Reform:

Pawlenty: 10th Amendment might let states sidestep health care changes |

He must have missed the McCulloch v Maryland case in law school. And how did that strategy work out for the Southern States that tried it in the years following Brown v. Bd. of Education. Even the 1957 segregationist governor of Florida opposed interposition because

it is anarchy and rebellion against the nation which must remain ‘indivisible under God’ if it is to survive. Not only will I not condone ‘interposition’ as so many have sought me to do, I decry it as an evil thing, whipped up by the demagogues and carried on the hot and erratic winds of passion, prejudice, and hysteria.”

Pawlenty  is on a continuum with the people, like the Dean of Jerry Falwell’s law school, who think that President Obama’s speech to school children was illegal.

Does it feel hot in here? Strange days, indeed!

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