Re: Forget The Constitution
Sheldon, I think Kennedy’s point is that it would be illegitimate to seize people’s money for tax-funded disaster relief even if it were authorized in the Constitution—if, for example, the Bushists suddenly became strict constructionists and rushed an amendment through the Congress and state legislatures allowing them to disburse the funds, that wouldn’t change the moral or political case against tax-funded state-to-state transfers one bit. Ergo, the appeal to the Constitution seems out of place—since the transfer is illegitimate whatever the Constitution says, why point out its silence?
Anticopyright.