Legal Commentary

I found today?s New York Times story about the thousands of protestors who made their way to the streets of the nation?s capital to protest big government compelling and a veritable profile in courage.  As they made their way ?by bus [on federally funded highways, carried in buses whose safety, licensing, and non-discrimination policies follow federal mandates], car [mostly those of the post-Pinto, NHTSA-approved, non-exploding variety], and airplane [under FAA supervision]? to the streets (road maintenance and sewer service permitting) of the District of Columbia (see, e.g., U.S. Const., Art. I, s.8, cl. 17), these valiant souls faced fire (happily, less of a worry, given the existence of . . . fire departments), famine (especially in those parts of America?s heartland, seedbed of independence, where the seeds come courtesy of federal agricultural subsidies), flood (OK ? maybe we haven?t done a perfect job here, although, if I recall correctly, we?ve at least done a heckuva job), and foes (kept at bay, it is true, by a substantial police presence, in possible combination with a large number of concealed weapons) to deliver one powerful, sincere, totally consistent and coherent message: Get the government off our backs!

I was glad in particular to hear the words of Ruth Lobbs, a teacher, who ?flew to Washington on Saturday to protest how she believes the government has violated the Constitution.?  The article unfortunately omitted to mention whether she teaches at a public or private school.  And I was equally gratified to find the marchers met by the non-pandering words of Senator Jim DeMint of South Carolina, whose statement to the Times ? ?I just hope the Congress, the Senate and the President recognize that people are afraid of what?s going on? ? notably contains the letters ?W,? ?T,? and ?F,? if not necessarily in the correct sequence.  ?This is not some kind of radical right-wing group,? DeMint helpfully added of the protestors, whose signs read ?Please wake up and save America? and ?We are under attack by our own government? and likened the President to Hitler, and who shouted "Liar!  Liar!  Liar!  Liar!" in tribute to Rep. Joe Wilson.