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
Make Believe Worlds And Autoimmune Disorders: Our Politics Are Sick
We have a tendency to elect presidents who seem like the antitheses of their immediate predecessors — randy young Kennedy the un-Eisenhower, earnest truth-telling Carter the un-Nixon, charismatic Reagan the un-Carter, randy young Clinton the un-H.W. Bush, cool and cerebral Obama the un-W.
So Rick Perry fits right into that winning contrapuntal pattern. He’s the very opposite of careful and sober and understated, in his first days as an official candidate suggesting President Obama maybe doesn’t love America (“Go ask him”) and that loose monetary policy is “treasonous.” (“Look, I’m just passionate about the issue,” he explained later about his anti-Federal Reserve outburst, before switching midsentence to first-person plural, “and we stand by what we said.”)
Yet the most troubling thing about Perry (and Michele Bachmann and so many more), what’s new and strange and epidemic in mainstream politics, is the degree to which people inhabit their own Manichaean make-believe worlds. They totally believe their vivid fictions.
Everyone is entitled to his or her own opinion. Perry is even entitled to his opinion that states such as Texas might want to secede, as he threatened at a Tea Party rally two years ago. But he’s not entitled to his own facts. “When we came into the nation in 1845,” he’d earlier told some bloggers visiting his office, “we were a republic. We were a stand-alone nation. And one of the deals was, we can leave anytime we want. So we’re kind of thinking about that again.” That special opt-out provision is entirely fiction, a Texas myth the governor of Texas apparently thinks is real.
Perry also believes in the fiction of intelligent design. Campaigning in New Hampshire, he said that in Texas public schools, “we teach both creationism and evolution” — an assertion that’s a fiction itself; last month the Texas Board of Education unanimously rejected creationist biology textbooks. In Iowa, Perry served up a fresh viral-Internet fiction as his what-the-hell example of federal over-regulation — a new rule forcing farmers to get special drivers’ licenses to drive tractors. In fact, the Obama administration had just taken the very opposite position, ruling that states should maintain “common sense exemptions” for tractor-driving farmers.
Sincere, passionate, hysterical belief that the country is full of (make-believe) anti-American enemies and (fictional) foreign horrors is the besetting national disease. And I’ve diagnosed the systemic problem: the American body politic suffers from autoimmune disorders.
It’s a metaphor, but it’s not a joke. I’ve read a lot about autoimmune diseases — the literal, medical kinds, also disconcertingly on the rise — because several members of my family have them. At some point, our bodies’ own immune systems went nuts, mistaking healthy pieces of our anatomies — a pancreas, a thyroid, a joint — for foreign tissue, dangerous enemies within, and proceeded to attack and try to destroy them. It’s as close to tragedy as biology gets.
Which is pretty much exactly what’s been happening the last decade in our politics. The Truthers decided the U.S. government was behind 9/11. Others decided our black president is definitely foreign-born and Muslim. Tea Party Republicans are convinced his administration is crypto-socialist and/or proto-fascist. The anti-Shariah people are terrified of the nonexistent threat of Islamic law infecting American jurisprudence. It’s now considered reasonable to regard organs and limbs of the federal government — the E.P.A., the education department, the Federal Reserve — as tumors that must be removed. Taxation itself is now considered a parasitic pathogen rather than a crucial part of our social organism.
Many autoimmune diseases of the literal kind, such as Type 1 diabetes and multiple sclerosis, are apparently triggered by stress. For the sociopolitical autoimmune epidemic, there are plenty of plausibly precipitating mega-stresses: the 9/11 attacks and the resulting wars, a decade of stagnant incomes, chronic job insecurity, hyper-connected digitalism, real estate wipeout, teetering financial system, take your pick.
Exposure to chemicals or infections also play a role in triggering autoimmune disorders. My pathogenic scheme’s got that, too: the new streams of iffy infopinion, via talk radio and cable news and the Web, seeping into our political bloodstream 24/7.
Of course, metaphors are just … metaphors. Maybe in 2031 we’ll look back and smile and shake our heads and see the pathology of this haywire age as more psychological than physiological, a temporary national nervous breakdown, like the late 1960s. But what if our current, self-destructive political dysfunction really is exactly like an autoimmune disorder? They are generally permanent, chronic conditions. Only some are debilitating, and most are treatable, but they are all incurable.
By: Kurt Anderson, Op-Ed Columnist, The New York Times, August 19, 2011
Republican House Bills: A Glimpse Into The Tea Party’s Vision For America
If the House ran America, what would America look like?
It would no longer have a far-reaching health-care law. The House voted to repeal that legislation in January.
It would no longer have federal limits on greenhouse gases. The House voted to ax them in April.
And it would not have three government programs for homeowners who are in trouble on their mortgages. The House voted to end them all.
These and many other changes are included in an ambitious slate of more than 80 bills that have passed since Republicans took control of the chamber this year.
Most of these measures will die in the Democrat-controlled Senate. Still, they are a revealing kind of vision statement — the first evidence of how a tea-party-influenced GOP would like to reshape the country.
That vision is aimed at dismantling some Democratic priorities. The GOP’s philosophy holds that paring back an expensive and heavy-handed government bureaucracy would help restore the country’s financial footing and give private businesses the freedom to grow and create jobs.
After seven months, it is still only half a vision.
On major issues such as health care, climate change and bad mortgages, the House has affirmed that fixes are needed — if it can ever manage to repeal the old ones.
It hasn’t said exactly what those changes should be.
“The Republican Party is sort of united in terms of what they’re against. But there’s not a great deal of consensus right now in terms of what they’re for,” said Michael D. Tanner, a senior fellow at the libertarian Cato Institute and an expert on health-care reform and recent GOP history.
This month, a divided Congress finally staggered into its summer recess. Its business has been split between the terrifyingly urgent — including standoffs that threatened a government shutdown and a national debt default — and the purely theoretical.
The theoretical part has come because neither the House nor the Senate is likely to approve big ideas dreamed up by the other. The Democrat-held Senate has reacted to this by withdrawing into legislative hibernation.
House Republicans have instead been passing bills that tell a story — about the country they want but can’t quite get.
“The new House Republican majority was voted into office to change the way Washington does business and make the government accountable to the American people once again. Our agenda has reflected these goals,” said Laena Fallon, a spokeswoman for House Majority Leader Eric Cantor (Va.).
But even within the Republican ranks, there is a desire for more details about the party’s vision for replacing Democratic policies.
Rep. Trey Gowdy (S.C.) said the GOP must put forward its own solutions on issues such as health care, job creation and mortgage assistance. He said he is not convinced that there is a need to take on climate change in the same way.
“Being the party of ‘no’ . . . is an appropriate response” in some cases, Gowdy said. “It’s not appropriate when you’ve been extensively critical of someone else’s ideas” and have none to replace them, he said.
“For substance reasons, and for credibility reasons, we also need to have a comprehensive . . . alternative that goes beyond saying, ‘Your plan is bad,’ ” Gowdy said.
The best-known part of the House’s vision has to do with spending. The chamber passed a budget that calls for a Medicare overhaul that would force new recipients to buy private insurance after 2022. It also passed, with five Democratic backers, a bill that demanded a balanced budget amendment: essentially, a spending limit written into the Constitution.
But the House’s measures have gone far beyond the budget.
It has passed legislation to forbid new energy-efficiency standards for light bulbs and to punish shining a laser pointer at an airplane in flight. It voted to take away federal funding for National Public Radio and for public financing of presidential campaigns.
The House also took a stand against President Obama on the military campaign in Libya, rejecting a motion to approve U.S. involvement. And it voted to rein in Environmental Protection Agency efforts against “mountaintop-removal coal mines” by requiring the EPA to defer to decisions by state regulators.
On three major issues, the House seemed to acknowledge that simply repealing a Democratic idea might not be enough — and that it did not have its own solutions.
On Jan. 19, for instance, 242 Republicans and three Democrats voted to repeal the landmark health-care law.
In place of the legislation, Republicans had said they would craft their own solutions for problems involving high costs and the denial of coverage for preexisting conditions. Their slogan, outlined in last fall’s Pledge to America, was “Repeal and Replace.”
No replacement has occurred.
A bill that would limit liability in malpractice lawsuits has passed in committee. Other ideas are being developed, aides said.
On climate change, the EPA is requiring larger power plants and industrial facilities to reduce greenhouse gas emissions to obtain new permits.
But many in Congress worried that the effort would drive up energy prices and kill jobs. So in April, 236 House Republicans and 19 Democrats voted to make the EPA stop in its tracks.
In place of regulations, they approved only a vaguely worded “sense of the Congress” about climate change.
“There is established scientific concern over warming of the climate system,” the bill says. It adds that Congress should attack the problem “by developing policies that do not adversely affect the American economy, energy supplies, and employment.”
But how? When? The measure doesn’t say.
And it doesn’t need to, said Tim Phillips, president of the conservative group Americans for Prosperity. He said his group thinks that simply repealing this legislation — and the health-care law — is enough for now.
“The big-government assault [has been] so damaging to the economy and the government. They’re doing the right thing by just trying to stop and reverse,” Phillips said.
Environmental groups have said that the House’s bill would leave the nation powerless to fight an escalating global problem.
“They clearly aren’t going to pass any legislation themselves that would address that pollution,” said Dan Lashof of the Natural Resources Defense Council.
The House also has voted to eliminate three federal programs meant to aid homeowners in danger of foreclosure. Two help modify loans to create lower payments. The third gives no-interest loans to borrowers who are in trouble. All have been criticized for moving too slowly and helping too few.
In March, the House decided to do away with them. The Congressional Budget Office said that doing so could save taxpayers $2.4 billion.
“None of the programs . . . have been successful,” Michael Steel, a spokesman for House Speaker John A. Boehner (R-Ohio), wrote in a statement.
By: David Fahrenthold, The Washington Post, August 17, 2011
Michele Bachmann’s Views, Not Her Headaches, Make Her Unfit
There is no doubt that Michele Bachmann gives many of us a headache. But to attack her, as Tim Pawlenty has done in such a sexist way, as unfit to be president because of migraines is absurd.
Many of our presidents have had health problems much more serious than headaches—Roosevelt, Kennedy, Taft, to name a few.
The problem with Michele Bachmann is not her migraines, it’s what is in her head. It’s her ideas that matter.
Just as Republicans who pay attention to politics were terrified of a possible Sarah Palin nomination, they are equally petrified that Bachmann might catch on in Iowa, South Carolina, and among the Tea Party wing. Could she, in fact, squeak by and actually win the nomination? Most think not, but they are nevertheless nervous when they watch her poll numbers rise, her bank account fatten, and the attention she is getting from the “lame stream media” increase.
There is no question about her misstatements and problems with facts (John Wayne’s birthplace, associating Jimmy Carter with swine flu, Founding Fathers working “tirelessly” to end slavery, maintaining that Obama issued “one oil drilling permit” when he issued 200, etc., etc.). Check out the Pulitzer Prize winning website Politifact for a disturbing list.
The real problems we should be focusing on are her outlandish and dangerous views on the issues.
Some are becoming very well known. Her views on gay and lesbian rights, for example. She believes gays and lesbians are “part of Satan.” She and her husband have mounted campaigns against gays and lesbians, beginning in Minnesota and now on the campaign trail.
She was against TARP and proudly proclaimed her opposition in the New Hampshire debate. Most economists believe that this saved the American economy from complete meltdown and a severe depression. Plus, most of the money is being paid back, and we have a strong American auto industry because of the actions of President Bush and President Obama.
She believes we should not only abolish the entire tax code, but we should abolish the Environmental Protection Agency, the Department of Education, the Department of Energy and the Department of Commerce. (Politico 4/18/2011, among numerous other sites) This is irresponsible, shortsighted, and destructive to the United States.
I find it extraordinary that Michele Bachmann should be even considered for the office of the presidency. Her views, her lack of competence and experience, and her minimal leadership skills all are much more worrisome than her headaches. Actually, just watching her out there makes my head spin.
By: Peter Fenn, U. S. News and World Report, July 25, 2011
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