"This is the way our Constitution disappears. It's nibbled away."

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That was how GOP Presidential candidate Ron Paul described the impact of federal tort reform law, in the face of the Founding Fathers' clear mandate to protect each state's authority over its civil justice system. He was discussing the need to protect states' rights in all circumstances during the Fox News/WSJ Presidential debate in South Carolina. Rick Santorum defended his support for a nationwide ban on lawsuits against gun manfacturers, and attacked Ron Paul's vote against that ban. Ron Paul stood on the high ground of the Constitution and the Tenth Amendment and never relinquished it. Here is the full exchange, copied from the Fox News Insider website:

SANTORUM: I've been a strong -- again, lifetime A-plus record with the NRA, worked with them. They came to me repeatedly when I was in the Senate to help them and -- and -- and sponsor legislation and work toward making sure in ensuring gun rights. Contrast that with Congressman Paul. And one of the most important things that we did in -- in -- in protecting the Second Amendment -- and I provided a leadership role on it -- was the gun manufacturers' liability bill. There were a lot of lawyers out there who were trying to sue gun manufacturers and hold them liable for anybody who was harmed as a result of the gun properly functioning. And we -- we went forward and passed, with the NRA's backing, a bill that put a ban on those types of lawsuits. If that ban had not been passed, if that gun manufacturer's liability bill, removing them from liability from that, had that not been passed, there would have been no gun industry in this country and there would have de facto been no Second Amendment right. Congressman Paul voted against that bill. And -- and that's a very big difference between someone who actually works with the gun -- Second Amendment groups for -- for legislation that can protect that right and someone who says they're for Second Amendment, has attacked me on my Second Amendment issues, which you just referred to, and here's a man that would have wiped out the Second Amendment by -- if his vote would have been -- carried the day.

BAIER: Congressman Paul?

PAUL: Hardly would that wipe out the Second Amendment. But the jurisdiction is obviously with the state. Even when tort law is involved with medical malpractice, which is a real problem, now, our governor worked on and our state has done a little bit on medical liability. I think that's the way it should be handled. You don't have -- you don't have national tort law. That's not part of the process. That should be at the state level. So to argue the case that that does away with the Second Amendment, when I'm the one that offers all -- all the legislation to repeal the gun bans that have been going on (inaudible) everything else. (APPLAUSE) I mean, I've introduced legislation like that. So that's a bit -- a bit of an overstretch to -- to say that I've done away with the Second Amendment.

SANTORUM: No, I need to respond to that, because the fact is, if we did not have a national liability bill, then people would have been able to go to states like, say, Massachusetts or New York and sue gun manufacturers where they would not pass a gun liability bill. So unless you have a national standard to protect guns --manufacturers of guns, you would create the opportunity for the elimination of guns being manufactured in this country and de facto elimination of the right to bear arms. (APPLAUSE)

PAUL: Well, this is the way -- this is the way our Constitution disappears. It's nibbled away. You say, well, I can give up on this, and therefore, I'll give that, and so eventually there's nothing left. But, no, tort law should be a state function, not a federal function.

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This page contains a single entry by Andrew Cochran published on January 18, 2012 8:02 AM.

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