Debating Federally Funded School Lunches on Federally Funded Radio

Yesterday I debated the federal government's new guidelines for school lunches with Margo Wootan of the Center for Science in the Public Interest on Air Talk With Larry Mantle, which is carried by KPCC, an NPR affiliate in Pasadena. The most striking thing to me was Wootan's conviction, which seemed to be shared by Mantle and all of the callers, that if a federal program is popular (or "effective"), it does not matter whether it's authorized by the Constitution.

You can listen to the conversation here.

Comments

[P B]

So that must mean they endorse mob rule.

[wylie]

Face it, libertarians only dislike mob rule because the 7-10 of us are vastly outnumbered.

[Res Publica Americana]

The proponents of democracy always have been, currently are, and always will be idiots. The vital constrictions imposed by republicanism are necessary for a just society.

[cynical]

Who decides what those restrictions are, and what gives them the right?

[omg]

Why aren't unconstitutionally funded radio stations concerned about the constitutionality of the funding of school lunches? More at 11!

[P Brooks]

if a federal program is popular (or "effective"), it does not matter whether it's authorized by the Constitution.

And, of course, it is inconceivable to them that such things would ever occur absent the benevolent stewardship of the Top Men.

[R C Dean]

if a federal program is popular (or "effective"), it does not matter whether it's authorized by the Constitution.

With, of course, the important proviso that it advance their agenda.

[Bradley]

The host's voice sounds like every wheedling asshole Parker and Stone ever mocked.

Gouging out ears... now.

[MNG]

It's authorized under the Spending clause.

[Res Publica Americana]

That's Satanically asinine, and I've read every single one of your explanations and justifications for that position over the last five months. Just... no. Stop humiliating yourself already.

[Otto]

The sad thing about the whole interview is just how gaping the distance is between libertarians and the "moderates".

I do wonder if they would so cavalierly dismiss Constitutional objections against, say, a government entity trying to stop a mosque from being built. Even if that Unconstitutional position was 'popular' or 'effective'.

[MNG]

You've stumbled onto a great example. Stopping a mosque from being built would fall outside of the Commerce Clause and the Tax and Spend Clause, the two broadest grants of federal power in the Constitution.

[omg]

>implying anything falls outside the bounds of the commerce clause

---------------
1. Creating mosques takes construction.
2. Paying construction firms costs money.
3. Money spent on local construction may have gone to goods produced in different states if the mosque wasn't allowed.
4. INTERSTATE COMMERCE.
---------------
1. Mosques employ individuals to do mosque stuff.
2. The individuals might spend money on goods from other states.
3. INTERSTATE COMMERCE.
---------------
1. The space that a mosque occupies could be used for a store or mini-mall.
2. People from other states can shop in stores or mini-malls.
3. INTERSTATE COMMERCE.
---------------

There are 3 easy interstate commerce justifications using the "is it dumber than wickard v filburn" test. As it is harder to have a case or justification dumber than wickard v filburn, it wasn't too hard to come up with them.

[Richard Tweets]

you forgot one: someone from out of state may decide to not attend the mosque. this inactivity affects the mosque finances across state lines.

[omg]

Holy fuck! I almost forgot about the "inactivity" extension recently activated from PPCwhatever!

[Joe M]

You know what other program was popular and "effective"?

[Matt Felch]

Oh I love the Godwins.

[ola]

Jacob, how in the world can you deal with these types of interviews? I thought by the end of the interview you would have driven down to the studio and beat that host's pussy ass, then found out where that bleeding heart bitch was calling from, drive over there and force feed her a package of microwaved beanie weanies. Good job in your patience.

[EDG reppin' LBC]

No shit! I was driving yesterday listening to this. Wootan and some misguided callers were so adamant that it is gummint's job to fix fat kids. I was literally screaming at the radio. I'm sure the other cars at the stoplight were amused. Sullum showed remarkable restraint while being pummeled in the face with statist idiocy.

[Res Publica Americana]

Congress may not maintain, fund, or support media of communication. It has absolutely no authority to do so.

[Paul]

Center for "Science" in the "Public Interest"

Fixed.

[Paul]

that if a federal program is popular (or "effective"), it does not matter whether it's authorized by the Constitution.

Unfortunately, by practice, this is 100% correct.

[Res Publica Americana]

New Deal is like that, but with a bonus -- an FDR-stuffed Supreme Court that just approved everything. Supreme law be damned.

[R C Dean]

It's authorized under the Spending clause.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Nope, don't see anything in there abuot "Fundyng Such Press as shall provide Aide and Comfort to Adherents of such Views as the Government shall Favoure."