Justice Scalia Laughs At Rick Perrys Tenther View Of The Constitution A growing number of conservative lawmakers embrace tentherism, a radical overreading of the 10th Amendment which claims that nearly all of the federal budget is unconstitutional. Texas Gov. Rick Perry (R) believes that Social Security and Medicare contradict the principles of limited, constitutional government that our founders established to protect us. Sen. Mike Lee (R-UT) mocked President Franklin Delano Roosevelt for calling upon the federal government to provide a decent retirement plan and health care because the Constitution doesnt give Congress any of those powers. Sen. Tom Coburn (R-OK) shares their belief that Medicare violates the Constitution, and hed also eliminate all Pell Grants, student loan assistance and other federal spending on education. During a Senate Judiciary Committee hearing yesterday, however, conservative Justice Antonin Scalia openly mocked their suggestion that his Court should simply declare all these programs unconstitutional in response to a question from committee Chairman Patrick Leahy (D-VT):LEAHY: Justice Scalia, under our Constitution, what is the role, if any, that the judges play in making budgetary choices or determining what the best allocation of taxpayer resources is? Is that within their proper role, or is that somewhere else? SCALIA: You know its not within our proper role Mr. Chairman. [laughs] Of course its not.