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Recovering The Constitution From Conservatives

Tea Party types and other conservatives talk about how they’d like their country back.

I’d like my Constitution back.

The rise of these self-proclaimed constitutional conservatives is an ominous development that has received too little notice — and too little push-back.

Until now. Under the banner of “Constitutional Progressives,” a coalition of liberal groups has begun making an important, two-part argument: first, that a progressive government agenda is consistent with constitutional values; and second, that the constitutional conservative approach represents a dangerous retrenchment of the government’s role.

This bid to “rebut the constitutional fairy tales being peddled by the Tea Party,” as Douglas Kendall of the Constitutional Accountability Center put it, could not be more timely, with the dizzying rise of Texas Gov. Rick Perry (R).

The constitutional conservative critique, as articulated by Perry, Rep. Michele Bachmann (R-Minn.) and others, goes far beyond the familiar laments about activist judges. It is, at bottom, an argument against the 20th century — specifically against the notion that the Constitution envisions and empowers a muscular federal government able to ensure that its citizens have clean air, healthy food and safe workplaces.

To grasp the radical nature of the constitutional conservative approach, consider the record of every Republican president since the New Deal.

Richard Nixon ran on the pledge of appointing “strict constructionist” judges, but he created the Environmental Protection Agency, telling Congress that “our national government today is not structured to make a coordinated attack on the pollutants which debase the air we breathe, the water we drink and the land that grows our food.” Nixon didn’t doubt — as do the modern constitutional conservatives — that environmental regulation was an appropriate and constitutional role for the federal government.

Likewise, George W. Bush inveighed against judges “legislating from the bench.” Yet he presided over the largest expansion of Medicare — the addition of a prescription drug benefit — in the history of the program and oversaw a sweeping new role for the federal government in assuring quality education by local schools. Bush didn’t question — as do the constitutional conservatives — whether these were permissible activities for the federal government.

The constitutional conservative vision is dramatically different. It sees a hobbled federal government limited to a few basic activities, such as national defense and immigration. The 10th Amendment, reserving to states the powers not granted to the federal government, would be put on steroids. The commerce clause, giving the federal government the authority to regulate commerce among the states, would be drastically diminished.

Certainly, there’s a legitimate debate about the proper role of the federal government and the scope of federal vs. state power. But that is a different argument than the one long thought settled during the New Deal: that the Constitution grants the federal government power to regulate a broad array of activities in the national interest.

The danger posed by the constitutional conservative approach is to attempt to lash together debates about what the federal government should do and what the Constitution allows it to do.

A white paper by the liberal Center for American Progress spells out the potential consequences of the constitutional conservative vision. Programs such as Social Security, Medicare and Medicaid would be deemed to exceed the federal government’s enumerated powers.

The federal government would cease to have any role in education, eliminating funding for public schools and college financial aid, and in combating poverty, ending food stamps and unemployment insurance. Laws on everything from child labor to food safety would be overturned.

None of this is likely to happen, of course, for the simple reason that most Americans don’t want it to. When Perry was pushed during a debate about the implications of his views on the constitutionality of Social Security, for example, he waved off the question as an interesting intellectual exercise.

But the emergence of the constitutional conservative argument has real-world consequences — even without a constitutional conservative in the White House. It shifts the legal debate significantly rightward, energizing and empowering conservative judges and justices. And it changes the nature of the political debate as well by narrowing the turf on which, at least in the view of some lawmakers, the federal government is deemed authorized to operate.

“This is a way to weaponize the Constitution to prevent a real debate about how the government can solve national problems,” Kendall told me.

Strong words, but the constitutional conservative vision is too extreme to continue to ignore it in the hope that it will fade on its own.

By Ruth Marcus, Opinion Writer, The Washington Post, September 18, 2011

September 19, 2011 Posted by | Class Warfare, Commerce Clause, Congress, Conservatives, Constitution, Democracy, Democrats, Economy, Education, Elections, GOP, Government, Ideologues, Ideology, Lawmakers, Medicaid, Medicare, Middle Class, Politics, Public, Regulations, Republicans, Right Wing, Social Security, States, Teaparty | , , , , , , , , , | 2 Comments

John Boehner In GOP Fantasyland

One wonders why Congress convened its budget-reforming “supercommittee” at all; House Speaker John Boehner (R) on Thursday announced that he’d done all its members’ work for them.

At a speech to the Economic Club of Washington, Boehner articulated a hard-right line on taxes that even the most moderate of Democrats could never accept. Remove loopholes from the tax code, he argued, but “not for the purpose of bringing more money into the government.” Tax increases? Not a chance — they “are off the table,” Boehner said, repeating the dubious argument that planning to raise revenue many years down the road would hurt job creation now. If you’re looking for deficit reduction, Boehner barked, “the joint committee only has one option — spending cuts and entitlement reform.”

A new Bloomberg poll on Thursday reconfirmed voter anger at Washington’s inability to compromise — on budgets, on jobs policy, on long-term deficits. On the same day, the speaker gave a lesson by example of why it’s been so hard.

True, Boehner’s speech followed news that President Obama is scaling back the entitlement reforms he would favor in a long-term budget reform package, retreating from concessions he was willing to make over the summer to strike a debt deal. Both sides, then, are hardening their positions. But Obama’s remains politically braver than Boehner’s, since the president says he still wants to achieve some balance between raising revenue and cutting spending through reforms to Medicare, the protection of which Democrats are desperate to use as a campaign issue.

That is the key to deficit-cutting, drilled home in study after study: You can’t expect to fix America’s finances with tax increases alone or with spending cuts alone. Plans that lack this essential balance would fail either because their math doesn’t add up (the GOP’s Ryan plan) or because they would be reversed the second the other party took control of the government (the Congressional Progressive Caucus’s proposal…and the Ryan plan).

A deficit plan must also be balanced in another way — against premature budget austerity while the economy is sluggish, which Obama designed his latest jobs plan to avoid. Boehner said on Thursday there might be room for limited agreement with Obama. But not much, signalling disapproval of even the sorts of temporary tax cuts that would have been an obvious choice for Republicans for decades — until now.

Boehner might just be gearing up for further negotiations. But the speaker’s demonstration that he and his party are still in thrall to the ideological fantasies he described on Thursday aren’t going to enhance Americans’ confidence — in their leaders, or in their economic future.

 

By: Stephen Stromberg, The Washington Post, September 15, 2011

September 18, 2011 Posted by | Class Warfare, Congress, Conservatives, Deficits, Democrats, Economic Recovery, Economy, Elections, Federal Budget, GOP, Government, Ideologues, Ideology, Jobs, Lawmakers, Middle Class, Politics, President Obama, Public, Republicans, Right Wing, Tax Increases, Tax Loopholes, Taxes, Teaparty, Unemployed, Voters, Wealthy | , , , , , , | Leave a comment

Memo To Speaker Boehner: Time To Get Off “My Way Or The Highway” Hypocrisy

In a wide-ranging speech about jobs and the budget on Thursday, House Speaker John A. Boehner (R-Ohio) trumpeted the worthy goals of cleaning up the tax code and reducing long-term deficits, and he had a few promising words about how to achieve them. “If we want to create a better environment for job creation,” the speaker said, “politicians of all stripes can leave the ‘my way or the highway’ philosophy behind.”

Yet Mr. Boehner also insisted that Congress’s Joint Select Committee on Deficit Reduction has only “one option”: the Republican way.

President Obama has proposed a jobs plan, but there’s only one job the GOP wants.

Congress should remove inefficient carve-outs, credits and loopholes in the tax code, he said, but “not for the purposes of bringing more money into the government.” Tax increases “are off the table.” “Spending cuts and entitlement reform” are the only ways the joint committee can reach its $1.5 trillion deficit-reduction target.

Mr. Boehner isn’t the only one toughening his stance as the joint committee gets underway. President Obama is retreating from reforms to Social Security that he was ready to consider during the summer debt-limit negotiations. But Mr. Obama still expresses a willingness to reform Medicare, an ideological and political compromise.

Willingness on both sides is essential. Reams of expert studies have found that any deal to significantly reduce long-term deficits must achieve a balance between money-saving reforms to increasingly expensive entitlement programs and a sizable boost in federal revenue. Plans that don’t reflect this balance would fail because their math wouldn’t add up, they wouldn’t be politically durable, or both.

While planning for long-term fiscal sustainability, Congress also cannot risk enhancing economic hardship now by moving too quickly toward budget austerity. Mr. Obama’s recently announced jobs plan seeks to avoid this with new spending and temporary tax cuts that economists say will help guard against a double-dip recession. Here, too, however, Mr. Boehner indicated Thursday that the chances for cooperation with Republicans is limited, saying that he doesn’t favor “short-term gimmicks.”

Poll after poll has shown that Washington leaders’ inability to surrender ideological ground is poisoning Americans’ faith in their national leadership — perhaps even in the very institutions of government. Mr. Boehner and his party should live up to the speaker’s own standard — and leave the “my way or the highway” philosophy behind.

 

By: Editorial Board, The New York Times, September 16, 2011

September 18, 2011 Posted by | Budget, Class Warfare, Congress, Conservatives, Debt Crisis, Economic Recovery, Economy, Elections, GOP, Government, Ideologues, Ideology, Jobs, Lawmakers, Medicare, Middle Class, Politics, President Obama, Republicans, Right Wing, Social Security, Tax Increases, Taxes, Teaparty, Unemployed, Wealthy | , , , | Leave a comment

“Love Thy Neighbor As Thyself”: Where Are The Compassionate Conservatives?

We heard plenty of contradictions, distortions and untruths at the Republican candidates’ Tea Party debate, but we heard shockingly little compassion —  and almost no acknowledgement that political and economic policy choices have a moral dimension.

The lowest point of the evening — and perhaps of the political season — came when moderator Wolf Blitzer asked Ron Paul a hypothetical question about a young man who elects not to purchase health insurance. The man has a medical crisis, goes into a coma and needs expensive care. “Who pays?” Blitzer asked.

“That’s what freedom is all about, taking your own risks,” Paul answered. “This whole idea that you have to prepare and take care of everybody. . . .”

Blitzer interrupted: “But Congressman, are you saying that society should just let him die?”

There were enthusiastic shouts of “Yeah!” from the crowd. You’d think one of the other candidates might jump in with a word about Christian kindness. Not a peep.

Paul, a physician, went on to say that, no, the hypothetical comatose man should not be allowed to die. But in Paul’s vision of America, “our neighbors, our friends, our churches” would choose to assume the man’s care — with government bearing no responsibility and playing no role.

Blitzer turned to Michele Bachmann, whose popularity with evangelical Christian voters stems, at least in part, from her own professed born-again faith. Asked what she would do about the man in the coma, Bachmann ignored the question and launched into a canned explanation of why she wants to repeal President Obama’s Affordable Care Act.

According to the Gospel of Matthew, Jesus told the Pharisees that God commands us to “love thy neighbor as thyself.” There is no asterisk making this obligation null and void if circumstances require its fulfillment via government.

Bachmann knows a lot about compassion. She makes much of the fact that she and her husband took in 23 foster children over the years. But what of the orphaned or troubled children who are not lucky enough to find a wealthy family to take them in? What of the boys and girls who have stable homes but do not regularly see a doctor because their parents lack health insurance?

Government can reach them. But according to today’s Republican dogma, it must not.

Rick Perry, Mitt Romney, Bachmann, Paul and the others onstage in Tampa all had the same prescription for the economy: Cut spending, cut taxes and let the wealth that results trickle down to the less fortunate.

They betrayed no empathy for, or even curiosity about, the Americans who depend on the spending that would be cut. They had no kind words — in fact, no words at all — for teachers, firefighters and police officers who will lose their jobs unless cash-strapped state and local government receive federal aid. Public servants, the GOP candidates imply, don’t hold “real” jobs. I wonder: Do Republicans even consider them “real” people?

Government is more than a machine for collecting and spending money, more than an instrument of war, a book of laws or a shield to guarantee and protect individual rights. Government is also an expression of our collective values and aspirations. There’s a reason  the Constitution begins “We the people . . .” rather than “We the unconnected individuals who couldn’t care less about one another . . . .”

I believe the Republican candidates’ pinched, crabby view of government’s nature and role is immoral. I believe the fact that poverty has risen sharply over the past decade — as shown by new census data — while the richest Americans have seen their incomes soar is unacceptable. I believe that writing off whole classes of citizens — the long-term unemployed whose skills are becoming out of date, thousands of former offenders who have paid their debt to society, millions of low-income youth ill-served by inadequate schools — is unconscionable.

Perry, who is leading in the polls, wants to make the federal government “inconsequential.” He thinks Social Security is a “Ponzi scheme” and a “monstrous lie.” He doesn’t much like Medicare, either.

But there was a fascinating moment in the debate when Perry defended Texas legislation that allows children of illegal immigrants to pay in-state tuition at state universities. “We were clearly sending a message to young people, regardless of what the sound of their last name is, that we believe in you,” Perry said.

The other candidates bashed him with anti-immigrant rhetoric until the evening’s only glimmer of moral responsibility was snuffed out.

 

By: Eugene Robinson, Opinion Writer, The Washington Post, September 15, 2011

September 17, 2011 Posted by | Affordable Care Act, Class Warfare, Congress, Conservatives, Constitution, Democracy, Democrats, Economy, Federal Budget, Freedom, GOP, Government, Health Care, Human Rights, Ideologues, Ideology, Immigration, Lawmakers, Liberty, Middle Class, Politics, Public Employees, Religion, Republicans, Right Wing, Teachers, Teaparty, Wealthy | , , , , , , , , , , , , , , | Leave a comment

What If the Tea Party Wins? They Have A Plan For The Constitution, And It Isn’t Pretty

In the Tea Party’s America, families must mortgage their home to pay for their mother’s end-of-life care. Higher education is a luxury reserved almost exclusively to the very rich. Rotten meat ships to supermarkets nationwide without a national agency to inspect it. Fathers compete with their adolescent children for sub-minimum wage jobs. And our national leaders are utterly powerless to do a thing.

At least, that’s what would happen if the Tea Party succeeds in its effort to reimagine the Constitution as an antigovernment manifesto. While the House of Representatives pushes Rep. Paul Ryan’s (R-WI) plan to phase out Medicare, numerous members of Congress, a least one Supreme Court justice, and the governor of America’s second-largest state now proudly declare that most of the progress of the last century violates the Constitution.

It is difficult to count how many essential laws would simply cease to exist if the Tea Party won its battle to reshape our founding document, but a short list includes:

  • Social Security and Medicare
  • Medicaid, children’s health insurance, and other health care programs
  • All federal education programs
  • All federal antipoverty programs
  • Federal disaster relief
  • Federal food safety inspections and other food safety programs
  • Child labor laws, the minimum wage, overtime, and other labor protections
  • Federal civil rights laws

Indeed, as this paper explains, many state lawmakers even embrace a discredited constitutional doctrine that threatens the union itself.

What’s at stake

The Tea Party imagines a constitution focused entirely upon the Tenth Amendment, which provides that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”—which is why their narrow vision of the nation’s power is often referred to as “tentherism.” In layman’s terms, the Tenth Amendment is simply a reminder that the Constitution contains an itemized list of federal powers—such as the power to regulate interstate commerce or establish post offices or make war on foreign nations—and anything not contained in that list is beyond Congress’s authority.

The Tea Party, however, believes these powers must be read too narrowly to permit much of the progress of the last century. This issue brief examines just some of the essential programs that leading Tea Partiers would declare unconstitutional.

Social Security and Medicare

The Constitution gives Congress the power “to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States,” thus empowering the federal government to levy taxes and leverage these revenues for programs such as Social Security and Medicare. A disturbingly large number of elected officials, however, insist that these words don’t actually mean what they say.

In a speech to the conservative American Legislative Exchange Council, Texas Gov. Rick Perry listed a broad swath of programs that “contradict the principles of limited, constitutional government that our founders established to protect us.” Gov. Perry’s list includes Medicare and “a bankrupt social security system, that Americans understand is essentially a Ponzi scheme on a scale that makes Bernie Madoff look like an amateur.” And Perry is hardly the only high-ranking elected official to share this view.

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 doesn’t give Congress any of those powers.” Rep. Bob Goodlatte (R-VA), who engineered the House of Representatives’s dramatic reading of the Constitution earlier this year, claimed that Medicare and Social Security are “not in the Constitution” and are only allowed to exist because “the courts have stretched the Constitution to say it’s in the general welfare clause.” Sen. Tom Coburn (R-OK) said we should eliminate Medicare because “that’s a family responsibility, not a government responsibility.”

Because this erroneous view of our founding document is rooted in an exaggerated view of the Tenth Amendment’s states rights’ provision, many so-called tenthers claim that eliminating Social Security and Medicare wouldn’t necessarily mean kicking millions of seniors out into the cold because state governments could enact their own retirement programs to pick up the slack. This proposal, however, ignores basic economics.

Under our current system, someone who begins their career in Ohio, moves to Virginia to accept a better job offer, and then retires in Florida pays the same federal taxes regardless of their residence. These taxes then fund programs such as Medicare and Social Security. If each state were responsible for setting up its own retirement system, however, the person described above would pay Ohio taxes while they worked in Ohio, Virginia taxes while they lived in Virginia, and would draw benefits from the state of Florida during their retirement. The state which benefited from their taxes would not be the same state that was required to fund their retirement, and the result would be an economic death spiral for states such as Florida that attract an unusually large number of retirees.

For this reason, tenther proposals to simply let the states take over Social Security and Medicare are nothing more than a backdoor way to eliminate these programs altogether. If the Tea Party gets its way, and our nation’s social safety net for seniors is declared unconstitutional, millions of seniors will lose their only income and their only means to pay for health care.

Medicaid, the State Children’s Health Insurance Program, and other health care programs

The Tea Party’s constitution has plenty of bad news for Americans below the retirement age as well. Rep. Virginia Foxx (R-NC), for example, recently claimed that any federal involvement in health care whatsoever is unconstitutional because “the words ‘health care’ are nowhere in the Constitution.”

Sen. Coburn lumped Medicaid in with Medicare when he claimed that providing for the frailest Americans is a “family responsibility,” and Gov. Perry includes Medicaid on his list of programs that “contradict[] the principles of limited, constitutional government.” Sen. Mike Lee’s (R-UT) claim that “the Constitution doesn’t give Congress” any authority over health care is a blanket statement encompassing all federal health programs.

If this vision were to be implemented, all federal health care programs would simply cease to exist and millions of Americans would lose their only access to health insurance.

Education

Education is also on the Tea Party’s chopping block. Rep. Scott Garrett (R-NJ) routinely grills education secretaries at congressional hearings, insisting that the Constitution does not authorize any federal involvement in education. Similarly, Rep. Foxx insists that “we should not be funding education” because she insists doing so violates the Tenth Amendment. And Sen. Coburn does not “even think [education] is a role for the federal government.”

In its strongest form, this position wouldn’t just eliminate federal assistance for state-run public schools. It would also eliminate programs enabling Americans to pay for their college education. Millions of students would lose their Pell Grants and federal student loans if the Tea Party’s full vision of the Constitution were implemented.

Some tenthers, however, offer a slightly less drastic position. It is commonplace for the federal government to grant money to the states if those states agree to comply with certain conditions. Federal law, for example, provides generous public education grants provided that states gather data on student achievement and comply with other such conditions. Many Tea Partiers argue that these conditions violate the Constitution. Thus, Rep. Blake Farenthold (R-TX), claims that the Constitution only permits the federal government to provide states with “block grants.”

The truth, however, is that the federal government has never told states how to educate their children—and it could not do so if it tried. Under a Supreme Court decision called Printz v. United States, federal laws ordering a state to take a specific action actually do violate the Tenth Amendment. So, the state of Texas is perfectly free to turn down federal grants if they do not like the conditions attached to them.

Moreover, it is not clear how federal grants of any kind can exist if Congress is not allowed to attach conditions to them. If Congress cannot constitutionally require states to spend grant money on standardized testing, for example, how can they require that it be spent on education and not on building a new wing for the governor’s mansion? Thus, even the slightly more moderate position advocated by people like Rep. Farenthold would likely eliminate the federal government’s ability to provide educational assistance to low-income students or otherwise help fund public schools.

Antipoverty programs, federal disaster relief, and other help for the less fortunate

Sen. Lee would go even further in cutting off assistance for low-income Americans. In an interview with a Utah radio host, Lee claimed that the framers intended all antipoverty programs to be dealt with exclusively at the state level. This would not only eliminate programs like income assistance and food stamps, it could threaten unemployment insurance, federal job training, and other programs intended to provide a bridge out of poverty.

In the same interview, Sen. Lee claimed that federal relief for hurricane, earthquake, tornado, and other disaster victims is “one of many areas where we ought to focus on getting that power back to the states,” a position that would kill the Federal Emergency Management Agency and prevent the nation as a whole from rallying to the support of a state whose financial resources are overwhelmed by a major natural disaster.

Food safety

Sen. Lee also claims that “the framers intended state lawmakers deal with” food safety in this same radio interview. This position would not simply endanger the residents of states with inadequate regulation of their food supply, it would also create costly and duplicative state inspection programs and impose logistical nightmares on food-importing states.

If a cow is raised in Texas, slaughtered in Oklahoma, and then sold as steaks in New York, which state is responsible for inspecting the meat? The likely answer is that all three states would have their own system of laws, tripling the regulatory compliance costs for the meat producer.

Moreover, if New York decides that Oklahoma’s inspections’ regime is inadequate, its only recourse would be to require meat producers to submit their products to a customs check at the border before it could be sold in that state. The result would be higher taxes for New Yorkers forced to pay for these customs stations, and higher costs for businesses forced to submit to inspections every time they brought food across a state border.

Child labor laws, the minimum wage, overtime, and other labor protections

Nearly 100 years ago, the Supreme Court declared federal child labor laws unconstitutional in a case called Hammer v. Dagenhart. Twenty-two years later, the Court recognized that Hammer’s holding was “novel when made and unsupported by any provision of the Constitution,” and unanimously overruled this erroneous decision.

Sen. Lee, however, believes that, while Hammer might “sound harsh,” the Constitution “was designed to be that way. It was designed to be a little bit harsh,” and thus we should return to the world where federal child labor laws are unconstitutional. Moreover, Lee has a very powerful ally prepared to sweep away nearly all national protections for American workers.

Under existing Supreme Court doctrine, Congress’s authority to “regulate commerce … among the several states” includes the power to regulate the roads and railways used to transport goods in interstate commerce, as well as the goods themselves and the vehicles that transport them. Additionally, Congress may regulate activities that “substantially affect interstate commerce.” This “substantial effects” power is the basis of Congress’s authority to make labor laws universal throughout all places of employment.

Yet Justice Clarence Thomas claimed in three separate cases—U.S. v. Lopez, U.S. v. Morrison, and Gonzales v. Raich—that this “substantial effects” test is “at odds with the constitutional design.” It is possible that Thomas’s vision would still allow some limited federal labor regulation—such as a law prohibiting children from becoming railway workers—but anything resembling the essential web of federal laws that protect American workers today would be impossible.

Civil rights laws

Shortly after he won his party’s nod to be a U.S. Senate candidate, Sen. Rand Paul (R-KY) revealed that he opposes the federal bans on whites-only lunch counters and race discrimination in employment. In a rambling interview with MSNBC’s Rachel Maddow, Paul explained that, while he believes that Congress may ban discrimination from “public institutions,” he does not support antidiscrimination laws that regulate private business.

As Sen. Paul suggested in that interview, these basic civil rights laws—like national laws banning child labor and establishing a minimum wage—can be snuffed out of existence if Congress’s power to enact commercial regulations is read too narrowly.

In 1964, the Supreme Court unanimously upheld the federal ban on whites-only lunch counters—once again relying on the “substantial effects” test to do so. For this reason, it is likely the Justice Thomas would strike down this and other federal laws protecting civil rights.

The union

Gov. Perry suffered well-deserved ridicule when he suggested in 2009 that Texas may secede from the union if “Washington continues to thumb their nose at the American people.” But Gov. Perry’s ill-considered remark is merely a distraction compared to a much larger movement to effectively secede from the union one law at a time.

Gov. Perry joins lawmakers from New Hampshire, Montana, Virginia, Idaho, Florida, and many other states in backing unconstitutional state laws purporting to “nullify” a federal law. Many state legislatures have passed, and a few governors have signed, laws claiming to nullify part of the Affordable Care Act, and Perry signed a law that partially nullifies federal light bulb standards.

Nullification is an unconstitutional doctrine claiming that states can prevent a federal law from operating within their borders. Although nullification conflicts directly with the text of the Constitution, which provides that Acts of Congress “shall be the supreme law of the land…anything in the Constitution or laws of any State to the contrary notwithstanding,” it has experienced a significant revival among state lawmakers eager to second-guess national leaders’ decisions.

This doctrine is not simply unconstitutional, it is a direct attack on the idea that we are the United States of America. As James Madison wrote in 1830, allowing states to simply ignore the laws they don’t want to follow would “speedily put an end to the Union itself.”

Conclusion

America has long endured the occasional politician eager to repeal the entire 20th Century, but, as President Dwight Eisenhower observed nearly 60 years ago, “Their numbers [were] negligible and they are stupid.” Sadly, this is no longer the case. Tenthers increasingly dominate conservative politics and their numbers are growing.

If this movement succeeds in replacing our founding document with their entirely fabricated constitution, virtually every American will suffer the consequences. Seniors will lose their Social Security and Medicare. Millions of students could lose their ability to pay for college. And workers throughout the country will lose their right to organize, to earn a minimum wage, and to be free from discrimination.

Worse, because the Tea Party believes their policy preferences are mandated by the Constitution, they would do far more than simply repeal nearly a century of essential laws. Once something is declared unconstitutional, it is beyond the reach of elected officials— and beyond the voters’ ability to revive simply by tossing unwise lawmakers out of office.

For this reason, the Tea Party’s agenda is not simply one of the most radical in generations, it is also the most authoritarian. They do not simply want to eliminate decades of progress; they want to steal away “We The People’s” ability to bring it back.

 

By: Ian Millhiser, Center for American Progress, September 16, 2011

September 16, 2011 Posted by | Affordable Care Act, Class Warfare, Collective Bargaining, Commerce Clause, Congress, Conservatives, Constitution, Democracy, Democrats, Economy, Education, Elections, Equal Rights, GOP, Government, Health Care, Ideologues, Ideology, Income Gap, Jobs, Labor, Lawmakers, Medicaid, Medicare, Middle Class, Minimum Wage, Politics, Public, Regulations, Republicans, Right Wing, SCOTUS, Social Security, State Legislatures, States, Tea Party, Unions, Voters | , , , , , , , , | Leave a comment