A prominent conservative blogger says Republican leaders have abandoned the traditional principles of small government and federalism -- and warns they may soon come to regret it.
The story of Terri Schiavo, who died Thursday at age 41, is a tragedy in the truest sense. It is a case in which there are no happy endings and in which the mighty fall. One thing that has fallen is the notion of the Republican Party as a bastion of federalism and limited government. Some might argue that this notion was already in doubt, in light of the Bush administration’s less-than-parsimonious budgeting, but pork is part of politics, and you have to expect a certain amount of give in that department.
Widespread Republican support for legislation taking an individual case away from state judges and placing it in front of the federal judiciary is another thing. The “if it saves just one life, it’s worth it” argument has more typically been associated with gun-control activists, and other groups that are generally looked down upon by Republicans, but now many in the GOP seem to have picked it up as a slogan. Indeed, the entire notion of the “rule of law” — itself once a favored slogan of conservatives — seems to have fallen into disrepute. Quite a few conservatives are unhappy about that state of affairs, and I wonder if it doesn’t presage a realignment within the Republican Party, and the fracturing of some alliances on the right.
Schiavo hysteria certainly has some Republicans in its grip. Bill Bennett wrote that state law doesn’t deserve our respect if it conflicts with natural law. Bennett went on to urge Florida Gov. Jeb Bush to risk impeachment by violating the orders of the Florida Supreme Court. Fox News’ John Gibson was less measured. “Just to burnish my reputation as a bomb thrower,” he wrote last Friday on the Fox News Web site, “I think Jeb Bush should give serious thought to storming the Bastille.” In other words, Bush should consider sending police in to remove Schiavo from the hospice and reattach her feeding tube. “The point is, the temple of the law is so sacrosanct that an occasional chief executive cannot flaunt it once in a while, sort of drop his drawers on the courthouse steps and moon the judges, as a way to protest the complete disregard courts and judges have shown here, in this case, for facts outside the law,” Gibson wrote.
Judge bashing has been a staple of Republican rhetoric for a while, though the judges being bashed have more often been federal than state judges. And, to be fair, the judges have often been generous in providing ammunition, offering rulings that strain the facts or go beyond settled law, though that doesn’t appear to be the case here. In fact, the courts seem to have been very thorough, and hardly liberal activists. (Florida law blogger Matt Conigliaro notes that Pinellas-Pasco Circuit Judge George Greer, the trial judge, is a Republican and a Southern Baptist.) Some people on the right are pointing that out and are appalled at their colleagues’ rhetoric. Daniel Henninger wrote in the Wall Street Journal that while Greer has ruled against Terri Schiavo’s parents many times, so have Florida’s appeals court, the Florida Supreme Court, U.S. federal courts and the U.S. Supreme Court. “It is difficult for me to believe that these are all ‘liberal’ judges intent on ‘killing’ Terri Schiavo,” Henninger wrote.
But the judge bashing has gone on, and Congress’ rush to pass legislation intervening in the case was unprecedented. This is too much for some conservatives, and quite a few libertarian fellow-travelers such as myself. As Nashville Christian-conservative blogger Bill Hobbs wrote, “I have not written about the Terri Schiavo case because it is too complex, too multi-layered, and too steeped in unknown or unknowable facts for me — indeed for most people — to have a fully informed opinion … I do know that the Congress did the wrong thing, intervened where it had no Constitutional right, and solved nothing.”
Donald Sensing, a pro-Bush, pro-war Methodist pastor and Army veteran, agreed and added: “As a resident of Tennessee, I have no standing to tell the people of Florida that their laws are either unjust or incorrectly applied by their state courts. I may believe that, or not, but I have no standing to intervene in the internal affairs of another state by means of the federal government. The notoriety of the Terri Schiavo case does not give me that justification. Like former Reagan Solicitor General Charles Fried (who called the Schiavo legislation an “absurd departure from principles of federalism and respect for sound and orderly judicial administration”), Sensing quoted Justice Scalia from the very similar <a target="_blank" href=http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=497&invol=261 Cruzan case, to the effect that this is a matter for state courts.
What’s surprising isn’t that some people on the right are making these arguments, but that so many are not. One of the defining characteristics of conservatism, I thought, was a belief that one didn’t know all the answers. And what about all that talk of federalism and limited government? The gist of the complaint here is that Florida has a bad law, and that Terri Schiavo made a bad marriage, neither of which are normally seen as grounds for congressional action. As Sensing suggests, notoriety seems to be playing a bigger role than morality, much less constitutionality.
Even if it’s constitutional for Congress to act on individual cases when it doesn’t like the outcome in state courts (itself a matter of some debate), it’s hardly principled. As Donald Sensing points out, this is the sort of question that state law, and state courts, are supposed to deal with. If Congress thinks that states in general are dealing badly with these kinds of questions in a way that endangers federal constitutional rights, it is empowered to pass general legislation under the 14th Amendment. But deciding individual cases isn’t something that Congress is supposed to do, and it’s rather shocking to find so many “small government” Republicans supporting it.
I don’t agree with Andrew Sullivan’s claim that the Schiavo legislation can be blamed on “religious zealotry” — after all, as Tom Maguire has noted, both Ralph Nader and Democratic Sen. Tom Harkin were big supporters of the bill. But it’s certainly action that flies in the face of traditional conservative notions about limits to government authority, and political competence. For Tom Harkin and Ralph Nader to back expanded federal authority isn’t hypocrisy. For Tom DeLay to do so, is.
The dissent on the right — and most of the critics quoted above have been vocal supporters of President Bush, and the war — has led some people (including me) to wonder if the Republican coalition is going to split in the face of this abandonment of principle, especially as the national-security glue that has held the coalition together weakens in the face of success in Iraq. Some are even agitating for that result. I think it just might happen.
Republicans like to point out that you have to stand for something, or you’ll fall for anything. The leadership, at least, of the Republican Party has abandoned the principles of small government and federalism that it used to stand for. Trampling traditional limits on governmental power in an earnest desire to do good in high-profile cases has been a hallmark of a certain sort of liberalism, and it’s the sort of thing that I thought conservatives eschewed. If I were in charge of making the decision, I might well put the tube back and turn Terri Schiavo over to her family. But I’m not, and the Florida courts are, and they seem to have done a conscientious job. Maybe they came to the right decision, and maybe they didn’t; this is a hard case. But respecting the courts’ role in the system, and not rushing to overturn all the rules because we don’t like the outcome, seems to me to be part of being a member of civilized society rather than a mob. I thought conservatives knew this. Before things are over, they may wish they hadn’t forgotten.
Some activists — like Bill Quick — want to set up a MoveOn-type organization, only with the goal of dragging the Republican Party in a small-government direction. Others are threatening to vote Democratic next time. More, I suspect, will remain Republicans, but less committed ones: less likely to donate, volunteer, or turn out to vote. A Republican Party that was winning elections by landslide margins might not mind that. But I don’t think that today’s Republican Party has that luxury. The Schiavo legislation looks like that classic political misstep, a move that’s dramatic enough to upset people, but not dramatic enough to satisfy the hard core. (Bush is now being savaged by pro-lifers for not doing enough.) In the end, I suspect it would have been better to stick to principle. It usually is.
Glenn Reynolds is Beauchamp Brogan Distinguished Professor of Law at the University of Tennessee, and blogs at InstaPundit.com
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One thing when writing about the Republican Party and the crazy – you can always be certain that it’ll generate new examples. So just when the news that a member of the House accused dozens of Democrats in Congress of being Communists seemed to be going stale, along comes Donald Trump – who is scheduled to appear at a fundraiser with Mitt Romney next week – to spout birther nonsense.
For those of us who believe that there’s something seriously wrong with the Republican Party (and see Tom Mann and Norm Ornstein’s new book; see also my argument that the problem is not about how “conservative” they are, but about their radical style), the big question is whether anything can be done about it. American democracy needs two strong, solid political parties, but currently one of the parties is just a mess – incapable of making coherent policy when it’s in office, and dangerously obstructionist when it’s out of office.
So how can a party recover? I think there are three ways, but two are unfortunately quite unlikely, and the third is at best uncertain.
Some talk about the possibility that the electorate will punish Republicans for their radicalism. Unfortunately, I think that’s unlikely. Note that consecutive blowouts in 2006 and 2008 certainly didn’t make things better. Part of the problem here, too, is that elections generally don’t work that way. It’s true that the impression of ideological extremism can be costly, as Barry Goldwater and George McGovern learned the hard way, but we’re talking here about 2 or 3 percentage points in a presidential election. Direct action by the voters just isn’t enough to do it. After all, as voters, they can only choose between the nominees that they’ve been offered, and if anything voters are more partisan than ever; they’re not likely to defect just because a candidate embraces the crazy, even if they don’t like it, because they would still have a strong preference for that candidate otherwise.
A second possibility is that they’ll wind up with a successful president who sets a strong example of sane conservativism and who is strong enough within the party that he or she can push a lot of the crazies to the fringes and beyond. That could work. Presidents have limited influence in general, but one thing that a popular president can do is to define normality for his or her own party. They can reward some and punish — or at least avoid rewarding — others, creating real and meaningful incentives that can be very different from what came before. The obvious analogy is Dwight Eisenhower’s maneuverings against Joe McCarthy. The problem is that for this strategy to work it takes a skilled and popular president who decides to try it, but Republicans might have to wait a long time before they get another Ike.
So the first method probably can’t work, and the second one is unlikely to happen. That leaves one other possibility: that the Republican coalition itself might demand change. Specifically, that Republican-aligned interest groups – perhaps business, national security or others – might become upset enough with the crazy, or worried enough that the crazy will impede their ability to get things done, that they’ll push to end it. After all, part of the problem with the crazy is that it truly is random; you really never know what nonsense Limbaugh or the Breitbart sites are going to be up to next, and there’s every possibility that it could interfere with groups within the party pursuing their interests. Even worse: Politicians who believe they were elected because their most valuable allies convinced the electorate that the president was a radicalized foreigner are going to be responsive to those supporters, and not to organized party groups. Those groups have enough troubles as it is, since in the current free-for-all campaign finance environment they have to compete with random billionaires who might have all sorts of unorthodox policy preferences.
We’ve seen a little bit of this already. During the healthcare debate, many normally Republican-leaning groups chose to work with the Obama administration and cut their best deal, rather than sticking with the rejectionist GOP. Several companies quit the conservative state lobbying organization ALEC when it became controversial by lobbying for ideological and partisan goals. On the national security side, a break has emerged between the Department of Defense and movement conservatives; both conservatives who care about national security and (on some issues) businesses might choose to stick with the Pentagon. And it’s not quite the same thing, but there’s been a small but steady stream of defectors from the movement.
Nevertheless, something like this would likely play out in nomination politics, with party-aligned groups insisting on candidates who are willing to fight for their interests while rejecting the crazy, and there certainly isn’t any sign of that yet. Will it in 2014 and 2016 if Romney falls short this fall and the crazy gets even worse? I have no idea – but that’s the only path out of this that I can imagine.
House of Representatives Republican leadership (Credit: AP)
Watching the antics of the House GOP, you get the very strong sense that if the class of Republicans elected in 2010 were offered a chance to repeal the Enlightenment, they would leap at the opportunity. The great flowering of science and philosophy that reached critical mass in the 17th century employed human reason to batter away at the dogmas of blind faith. But as far as the Tea Party seems to be concerned, that was just one big wrong turn.
The most recent evidence that the current incarnation of the Republican Party just can’t handle the truth arrived this month when House Republicans voted to get rid of the American Community Survey. The ACS is an annual information-gathering effort that’s part of the U.S. Census. Every year, a randomized sample of 3 million Americans is surveyed for data on “demographic, housing, social and economic characteristics.” In one form or another, the U.S. government has been carrying out similar surveys since 1850 — the current version is the fourth major iteration.
Most sensible people consider the ACS to be extremely useful, the kind of thing that government is really well equipped to carry out. That is not, or at least did not used to be, a partisan statement. Both private and public sector policymakers use ACS data to make important decisions. The federal government allocates $450 billion annually according, in part, to information derived from the ACS. Businesses also consider the ACS vital, which explains why the U.S. Chamber of Commerce, rarely a fan of government spending, is opposed to the House action.
Even conservative economists are leery: The clearest evidence that the House GOP has gone completely beyond the pale can be seen in a Businessweek article reporting that representatives of the American Enterprise Institute, Heritage Foundation and Cato Institute all declared their support for government data gathering. If you don’t understand what’s going on in the U.S. economy on a granular level, you’re flying blind. This should not be a controversial statement.
Even the Wall Street Journal is appalled — although the lead sentence of its editorial criticizing the funding cuts required some remarkable calisthenics before reaching the point of disapproval.
With the contempt of the Washington establishment raining down on House Republicans for voting on principle, every now and then the GOP does something that feeds the otherwise false narrative of political extremism.
Marvelous! In one sentence, the Journal’s editorial writer manages to deny, not once, but twice, the self-evident fact that the current crop of House Republicans occupies the nethermost regions of right-wing extremism, while at the same time admitting that, yeah, well, in this one case they are indeed bonkers.
There’s been no end of media chatter focusing on the importance of the data gathered by the ACS. We’ve also heard how the Constitution specifically enjoins Congress to gather demographic information “in such a manner as they shall by law direct.” And, in fact, the current form of the ACS follows the mandate set forth by a Republican Congress in 2005.
The sponsor of the House measure, the freshman Florida Republican Daniel Webster, claims that ACS questions are too “intrusive” and “the very picture of what’s wrong in D.C.” He seems to be projecting. The very picture of what’s wrong with D.C. is exquisitely captured by daily demonstration that one of our leading political parties is dedicated to the proposition that the less we know about what is going on in our economy or on our planet, the better. If science tells us that one of the consequences of human activity is an overheated planet, then the answer is to defund climate research. If data gathered by the ACS gives us a better understanding of where poverty may be growing as a result of economic policies put into place over the past few decades, best to just to close our eyes and ignore it.
Which brings us back to the 17th century. It’s no stretch to argue that both representative democracy and the Industrial Revolution flourished in large part through the application of Enlightenment principles. The founders of the United States were very much a product of Enlightenment ideals. Looking for an Enlightenment avatar? Think Ben Franklin. Progress is built on the accumulation of knowledge, and ideological rigidity shouldn’t be able to compete against the truth that derives from a better understanding of our universe. And yet that’s where we are today — watching as one of the two major political parties in our country becomes not just more and more distrustful of science, but also opposed to the very notion of information-gathering — and governs accordingly.
One of the most overused metaphors in a writer’s arsenal is the one about “walking and chewing gum at the same time.” As a hiker and Big League Chew enthusiast, I particularly hate this cliché. Nonetheless, I feel it is fitting right now because it so perfectly summarizes the argument being made by Republicans. They now insist that America cannot simultaneously walk the walk on equal rights and also chew economic gum.
In the last week, Colorado was the testing ground for this talking point. At the presidential level, Republican nominee Mitt Romney criticized a Denver television reporter for daring to ask about his position on, among other issues, same-sex marriage. Before restating his opposition, he scoffed at the question, asking: “Aren’t there issues of significance that you’d like to talk about [like] the economy? The growth of jobs? The need to put people back to work?”
At the same time, Colorado’s Republican House Speaker Frank McNulty twice blocked a vote on a bill to legalize civil unions. His rationale? “We should not be spending time on divisive social issues when unemployment remains far too high and [when] far too many Coloradans remain out of work,” he said. Echoing that sentiment, the shadowy Republican front group Compass Colorado financed an automated telephone call telling thousands of voters that the push for civil unions was unacceptable because it is “promoting [a] divisive social agenda over Colorado job creation.”
Obviously, it’s perplexing to see the Republican Party allege that social issues are insignificant and “divisive.” This is, after all, the party whose most recent presidential nominating contest was dominated by attacks on contraception — the same GOP whose politicians have made an art out of riding a “guns, god and gays”-focused agenda to electoral victory.
But while such naked hypocrisy is enraging, the substance of the Republican rhetoric about gay rights is downright offensive. Essentially, conservatives are asserting that we cannot extend equal rights to all Americans and fix the economy. In the process, they are deliberately insinuating that the twin goals are somehow contradictory.
Well, you might ask, do they have a point? History says no. Our country’s story is the story of multitasking — a tale of extending the franchise to women while passing progressive legislation to deal with crushing economic inequality, a tale of both passing civil rights legislation and creating Medicare.
In light of such achievements, would anyone retroactively argue that America should have opposed the campaign to let women vote because the economy was so bad in the early 20th century? Would anyone insist that lawmakers should have halted civil rights legislation in the 1960s because there was a simultaneous need for a War on Poverty? Probably not, because most of us recognize such arguments for what they are: diversionary non sequiturs whose real goal is to preserve institutional bigotry and prejudice.
That’s the same objective of today’s GOP when it comes to rights for same-sex couples. For proof, just consider the abruptness of the shift: the Republican Party that spent the last decade insisting that we should simultaneously cut taxes, prosecute foreign wars and fight to limit a woman’s right to choose an abortion now suddenly says we can’t even discuss equal rights because of a recession.
The language changed not because the new “can’t walk and chew gum” mantra makes sense (seriously — would any sane person really claim that a bad economy justifies continued persecution of lesbians, gay, bisexual and transgender people?). It changed because the cause of equal rights is involved. And, clearly, that cause is what today’s Republicans are now most committed to stopping — no matter how much their flawed logic indicts their credibility.
David Sirota is a best-selling author of the new book "Back to Our Future: How the 1980s Explain the World We Live In Now." He hosts the morning show on AM760 in Colorado. E-mail him at ds@davidsirota.com, follow him on Twitter @davidsirota or visit his website at www.davidsirota.com.
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Yes, Jon Huntsman should definitely run for mayor of New York, because I never tire of watching Jon Huntsman get rejected by voters. The best part of a Jon Huntsman campaign is when his well-heeled supporters very sincerely and tragically argue that the fact that no one wants to vote for Jon Huntsman is a sign that the Republic itself is in peril. They would get so sad and melodramatic when he got 10 percent of the vote.
Now, there is no evidence that Jon Huntsman is planning for run for mayor of New York City, but one of his annoying daughters tossed this one out there last night:
Trying to convince dad @JonHuntsman to run for mayor of NYC. Thoughts? #whynot?
Of course, now that this idea is floating around, very rich and well-connected morons just might set about trying very hard to make it a reality. Jon Huntsman is a creature of the sort of oblivious center-right rich folk who bankrolled the hilarious failed New York campaigns of Harold Ford Jr. and Reshma Saujani. They would like very much to see another one of their class be the mayor of their city, after Bloomberg ends his term (if he ends his term). The Republicans have essentially no candidate. (I still wouldn’t put it past Police Commissioner and professional harasser-of-minorities Ray Kelly to mount a run, but at the moment he’s sounding disinclined to.) And Jon Huntsman is the sort of nationally prominent “independent” candidate all three major New York newspapers would love (the Daily News would love him the most, obviously, but the Post would love him because he is secretly not actually that moderate).
Jon Huntsman — whose tax plan called for the complete elimination of taxes on capital gains and dividends, as well as the elimination of the Earned Income Tax Credit, the Reagan-era tax benefit for poor people that used to be the sole form of welfare that conservatives supported, and who also wholeheartedly supported the Paul Ryan plan to fix the deficit by eliminating Medicare and not making rich people pay taxes — was of course beloved by the press and labeled a reasonable moderate when he ran for the 2012 Republican presidential nomination. He was mistaken for a political moderate primarily because he does not believe that God created cavemen and dinosaurs at the same time, roughly 4,000 years ago. Huntsman, who supports the complete repeal of Dodd-Frank and is strictly antiabortion and anti-gay marriage and anti-healthcare reform and pro-gun, is now essentially a symbol of the dignity and sagacity of the “radical center,” even though he is a conservative Republican.
So obviously New Yorkers would be thrilled to vote for this guy. I endorse this.
Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene
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Ron Paul and Rand Paul (Credit: AP/Charles Dharapak)
So Ron Paul says he is going to stop actively campaigning, but his supporters will continue to rack up delegates by storming state conventions. What will he do with these delegates? That is still unclear. (Barter them for gold?) What is the point of this strategy, exactly? Also unclear, but the Daily Beast’s Ben Jacobs today says it’s part of a “sneaky maneuver” to help his son Rand out. Ron will continue to consolidate power but will not appear to be actively sabotaging the party’s nominee. Dave Weigel says the maneuver is less sneaky and barely a maneuver: He doesn’t want it to be a huge embarrassment when he loses Kentucky, the state his son represents in the Senate.
Interestingly, though perhaps not surprisingly, Paul declined to endorse Libertarian Party nominee Gary Johnson, the former New Mexico governor who endorsed Paul in 2008. Johnson was, formerly, the Republican presidential candidate all those young “liberal” college stoner Ron Paul supporters should have gone with if they’d wanted to support a candidate who believed strongly in liberty but who wasn’t a racist Alex Jonesian conspiracy-mongering goldbug loon. But Johnson had “extensive executive experience” instead of a blimp and a sweet logo, so he did not win over many Paul fanatics.
Ron Paul’s strategy seems to be a gradual takeover of the Republican Party itself, instead of attempting to build a Libertarian alternative to the GOP. I think he’ll find that he can get the party to happily sign on, at least rhetorically, to his fiscal message, as they continue to ignore his popular and populist isolationism and his eminently agreeable but politically untenable positions on criminal justice and civil liberties, forever. The party, in other words, will continue to co-opt whatever they find electorally useful about the Paul phenomenon, as the Tea Party movement stole his iconography and messaging wholesale while attaching it to the same religious-right/nativist sentiment that has driven the party’s activist base for decades.
But Paul thinks the future lies with his son Rand, who shares many of his father’s enthusiasms and beliefs while also appearing to be more acceptable to the mainstream. Various Paul allies and a few other Republicans strongly suggest that Rand is gearing up for a 2016 run; which would mean, of course, that they expect Romney to lose, but that they need to not appear to be rooting for Romney to lose.
The problem is that what makes Rand Paul more acceptable to the mainstream of the Republican Party is what makes him more repellent than his father. Take, for example, Rand Paul’s funny joke this last weekend about Barack Obama and gay marriage.
The president recently weighed in on marriage. And, you know, he said his views were evolving on marriage. Call me cynical but I wasn’t sure that his views on marriage could get any gayer. Now it did kind of bother me, though, that he used the justification for it in a biblical reference. He said the biblical Golden Rule caused him to be for gay marriage …
And I’m like: What version of the Bible is he reading? It’s not the King James version. It’s not the New American Standard. It’s not the New Revised version. I don’t know what version he is getting it from.
Haha Barack Obama is so gay, he should read a Bible for once. Libertarianism!
Nick Gillespie, of the libertarian Reason Magazine, does not get this joke. The crowd, at the Iowa Faith and Freedom Coalition, did seem to get it, or at least they appreciated it. But Rand sounds very different when he speaks to Iowa conservatives than he does when interviewed by Gillespie and Matt Welch. (His address received a nice notice from Robert Costa of the National Review, who did not mention his funny joke.)
While Rand Paul may be, as Gillespie says, the most libertarian senator, he is also not an actual libertarian, as demonstrated by his support for anti-constitutional anti-immigrant legislation and his very vocal antiabortion position. He is also a dumb lout, and I tend to think that having the Senate’s most libertarian member be a dumb lout is not actually that good for the Libertarian movement. When he makes explicitly libertarian arguments, he makes them dumbly. When he goes all anti-gay talk-radio bigot culture warrior, which he does increasingly frequently, he does so dumbly. (If he wants to be a mainstream politician and presidential contender, it was certainly dumb to appear — more than once — on the radio program of Truther/Birther/New World Orderer/every-other-conspiracy promoter Alex Jones, but for some reason he almost entirely escaped mainstream press scrutiny for these appearances.) While I don’t feel much affection for Ron Paul, he seems both significantly smarter and leagues more principled than his son the senator.
If the “electable” face of libertarianism is a fratty anti-gay, anti-choice nitwit like Rand Paul, I will stick with socialism, thank you. And I wonder if the Paul family’s plan is to promote “liberty” or to promote the Paul family.
Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene
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Donald Trump (Credit: Reuters/David Moir) 
House of Representatives Republican leadership (Credit: AP) 
Mitt Romney (Credit: AP/Carlos Osorio) 
Ron Paul and Rand Paul (Credit: AP/Charles Dharapak) 
