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Constitutional Questions for Candidate Miller

Reading through Joe Miller’s website at joemiller.us, I saw three things:

1) Mr. Miller says he wants to limit federal government to its enumerated powers:

The only answer is to return our federal government to the limits prescribed by our Constitution.  Federal powers not specified in the Constitution are reserved to the States by the 10th Amendment.

(Most of the limits on the powers of the federal government refer to the areas of law Congress is authorized to legislate in. A list of these areas can be found at http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/congpowers.htm, a page from Douglas Linder, a professor at the University of Missouri, Kansas City. Of course, you’re welcome to go read the Constitution itself if you’d like to dig out the powers on your own. )

2) Mr. Miller believes that “Patient Protection and Affordable Care Act” (known by some as Obamacare) is unconstitutional:

I support the repeal of ObamaCare. First and foremost, there is no Constitutional authority for it. Currently nearly half of the state governments have filed suit in federal court because they share this view.

3) In contrast, Mr. Miller apparently believes that both Social Security and Medicare are constitutional, because in his Letter to Seniors, he pledges to fight any cuts to either government entitlement program:

Because I have had the temerity to suggest that the federal government will have to make cuts
to avoid a debt crisis, my critics have alleged that I intend to cut your Social Security and
Medicare benefits. Not true! I will not vote to cut your Social Security or Medicare
benefits!

Putting these things together led me to the following questions for Mr. Miller:

1) What is the Constitutional authority for Medicare and Social Security?

2) Why does this Constitutional authority not apply to Patient Protection and Affordable Care Act? As this Act is many hundreds of pages long, is the entire Act unconstitutional or are there parts that are constitutionally authorized? Which ones?

3) If the answer to question 1 is “There is no Constitutional authority for Medicare and Social Security”, are there any other unConstitutional programs in government that you support? And how do you reconcile this support with your stated intention to only support laws and federal spending that confirm to the enumerated powers of our Constitution?

Bonus Question:

In the post, “Miller Sets Record Straight on Federal Spending,” you say “Contrary to his critics’ caricatures of his position, Republican US Senate Candidate Joe Miller categorically rejects the notion that his election would result in an end to federal spending in Alaska.”

Please specify what current federal spending on Alaska is supported by the US Constitution. I have posted the FY 2009 Federal Consolidated Funds Report for Alaska to https://spreadsheets.google.com/ccc?key=0AjA1ChZ8rDu5dF94UHhnaDhRODVfR2hWV182Rk13TUE&hl=en. (You can find this spreadsheet through a search at http://harvester.census.gov/cffr/) This shows Federal spending in Alaska program by program. If would be very helpful if your campaign would post a list of what you would keep if you had the authority to determine which programs were Constitutional.

When declaring particular programs Constitutional, please refer to articles and sections if possible. References to promises made by the feds to Alaska in the Alaska Statehood Act are not appropriate as statutes do not have the same standing as the US Constitution.

If you are supporting Joe Miller primarily for his adherence to the Constitution and his willingness to reign in federal spending, I encourage you to ask him these questions and base your vote on his responses? Is he willing to walk his Constitutional talk? If not, why not?

If you think these questions are worth asking, I encourage to you to copy and paste these questions whereever you like.

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