I have not vetted this article, and it comes form a source traditional for
upholding, 'my party right their party evil', so I'm not positive some
Dems aren't supporting this too, and or that the wording hasn't been
twisted, but the historical facts are things you should be aware of before
the final wording of the bill is released, and we know which
Congresspersons are not Representatives of the American General Public.

Scott

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http://thinkprogress.org/justice/2013/08/02/2404301/36-senators-introduce-bi
ll-prohibiting-virtually-any-new-federal-law-helping-workers/

Turn the clock back a century, at least.

 36 Senators Introduce Bill Prohibiting Virtually Any New Law Helping Workers

By Ian Millhiser on August 2, 2013 at 10:47 am

sweatshop

More than three-quarters of the Senate Republican caucus signed onto
legislation introduced Wednesday by Sens. Tom Coburn (R-OK) and Rand Paul
(R-KY) that could render it virtually impossible for Congress to enact any
legislation intended to improve working conditions or otherwise regulate
the workplace. Had their bill been in effect during the Twentieth Century,
for example, there would likely be no nationwide minimum wage, no national
ban on workplace discrimination, no national labor law and no overtime in
most industries.

Like many Tea Party proposals to neuter the federal government, Coburn and
Paul’s bill is marketed as an effort to bring America back in line with a
long-ago discarded vision of the Constitution. It’s named the “Enumerated
Powers Act of 2013,” a reference to the provisions of the Constitution
outlining Congress’ specific powers, and it claims to require all federal
legislation to “’contain a concise explanation of the specific authority
in the Constitution’ that is the basis for its enactment.”

The key provision in this bill, however, would revive a discredited
interpretation of the Constitution that America abandoned nearly eight
decades ago. Although the text of the bill is not yet available online, a
press release from Coburn’s office explains that it “[p]rohibits the use
of the Commerce Clause, except for ‘the regulation of the buying and
selling of goods or services, or the transporting for those purposes,
across boundaries with foreign nations, across State lines, or with Indian
tribes.’”

To translate this language a bit, in the late 19th Century, the Supreme
Court embraced an unusually narrow interpretation of the Constitution’s
provision enabling Congress to “regulate commerce . . . among the several
states.” Under this narrow reading, which lasted less than half a century,
the justices said that they would only permit federal laws that regulated
the transport of goods for sale or a sale itself. Manufacturing, mining,
production and agriculture were all held to be beyond federal regulation.
This theory was the basis for several decisions striking down basic labor
protections, including a 1918 decision declaring a child labor law
unconstitutional.

Coburn and Paul’s bill appears to be an attempt to restore the
constitutional regime that prohibited child labor regulation and other
such nationwide regulation of the American workplace. While the bill does
not apply retroactively — so existing labor laws would continue to
function — the bill does allow a procedural objection to be raised against
any new legislation that does not comply with the limits imposed by the
bill. Such an objection could be used to block any most attempts to enact
new workplace laws — such as a bill increasing the national minimum wage
or a bill prohibiting all employers from firing workers because they are
gay. Similarly, Coburn and Paul’s bill could permanently entrench
decisions by the conservative Roberts Court rolling back existing
protections for workers — such as a recent decision shielding many
employers whose senior employees engage in sexual harassment.

Such an effort to shrink the constitutional role of government until it is
small enough to be drowned in a bathtub is consistent with Paul and
Coburn’s records. Last March, Paul praised a particularly infamous Supreme
Court decision empowering employers to ruthlessly exploit their workers.
Coburn told a town hall meeting in 2011 that Medicare and Medicaid are
unconstitutional because “that’s a family responsibility, not a government
responsibility.”

What is somewhat surprising, however, is the sheer breadth of support for
Coburn and Paul’s discredited view of the Constitution within the Senate
Republican Caucus. According to Coburn’s press release, their bill is
cosponsored by “Senators Ayotte (R-NH), Barrasso (R-WY), Blunt (R-MO),
Boozman (R-AR), Burr (R-NC), Chambliss (R-GA), Coats (R-IN), Corker
(R-TN), Cornyn (R-TX), Crapo (R-ID), Cruz (R-TX), Enzi (R-WY), Fischer
(R-NE), Flake (R-AZ), Graham (R-SC), Grassley (R-IA), Hatch (R-UT), Heller
(R-NV), Inhofe (R-OK), Isakson (R-GA), Johnson (R-WI), Lee (R-UT), McCain
(R-AZ), McConnell (R-KY), Moran (R-KS), Risch (R-ID), Roberts (R-KS),
Rubio (R-FL), Scott (R-SC), Sessions (R-AL), Thune (R-SD), Toomey (R-PA),
Vitter (R-LA), and Wicker (R-MS).”










[Non-text portions of this message have been removed]



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