Noted Conservative Hack Jonah Goldberg posted a little article tearing into the idea that the Supreme Court is the place where we define what is and is not constitutional. He is defending the new radical Republican talking point that all legislation should have a constitutional justification attached to it. This is the Tenther’s (folks who think that the powers of the Federal Government are completely enumerated in the Constitution and the Tenth Amendment gives all other powers to the states individually) favorite meme.

They would use this thinking to end the Federal minimum wage, Social Security, Medicaid and Medicare. All the big Tea Party faves have this idea, with Joe Miller, Sharon Angle and Christine “I am not a witch” O’Donnell really leading the charge.

This idea is nuts on the surface but it is packed full of nutty goodness as you get deeper as well. The whole push for “constitutional fealty” by the Right is a ruse and always has been. The reason that they want to return to so called original intent it so wipe out two centuries of case law that does not suit their radical agenda.

Last year, I noted how, in his effort to get the powerful neoconfederate wing of the Republican base to back his presidential bid, Minnesota’s absentee governor, Tim Pawlenty, was sending out a veritable symphony of dog whistles to the fans of the Stainless Banner. Now, we see from a look at the state legislative record of his would-be successor, Tom Emmer, that Gutshot Tim isn’t the only neoconfederate fan running loose these days.