Last year, we released a report on the myriad ways that the Tea Party movement – supposedly obsessed with the Constitution – twists the United States’ founding documents beyond recognition.
This month, in the debate over the normally routine process of raising the nation’s debt ceiling to prevent a default and the resulting massive setback to the recovering economy, we get another example.
Republicans in the House have introduced a plan that would, among other demands, require the passage of a constitutional “balanced budget” amendment before they will consider taking a simple step to avert economic disaster. In Slate on Friday, Dahlia Lithwick and Doug Kendall explained why a balanced budget amendment -- championed by Utah senator and Tea Party favorite Mike Lee -- would not just be bad policy…it would be a big departure from the original text and intent of the Constitution:
It's fairly certain that George Washington and the other Founders gathered in Philadelphia in 1787 would be appalled by the Lee amendment. It is not an accident that the first two enumerated powers the Constitution vests in Congress are the power "to lay and collect Taxes … to pay the Debts and provide for the common Defense and general Welfare of the United States" and "to borrow money on the credit of the United States." The Constitution's broad textual grant of power was a direct response to the Articles of Confederation, which had imposed crippling restrictions on Congress's power to borrow and tax. These restrictions plagued the Revolutionary War effort and made a deep and lasting impression on Washington and other war veterans. Lee and the other proponents of shrinking the federal government to restore freedom misapprehend that the Constitution recognized there would be no freedom without a strong federal government to promote it.
Finally, in a Constitution filled with broad principles of governance, the amendment's arbitrary spending limit of 18 percent of GDP—an awkward and unworkable figure—would stick out like a sore thumb. Contrary to Chief Justice John Marshall's warning in the landmark decision of McCulloch v. Maryland (1819), Lee's arbitrary spending limit "partake[s] of the prolixity of a legal code," and would be out of place in a document that is designed to "to endure for ages to come … to be adapted to the various crises of human affairs."
We face a high duty when amending the Constitution: to match the Framers' maturity and foresight. By every measure that would have mattered to the Founders, Lee's proposed amendment easily flunks this test. Sen. Lee fancies himself a friend to the Constitution and an originalist. So why is he pushing for the ratification of an amendment that would take us back to the days before the Constitution was even ratified? The framers trusted in the wisdom of future legislators. The Balanced Budget Amendment represents a betrayal not only of our future but of our past as well.
Of course, the most pressing issue here is that House Republicans are playing chicken with the world economy in order to uphold massive tax breaks for the rich. But that they’re using such a misguided constitutional amendment as a bargaining chip speaks volumes about the Tea Party’s priorities.
Earlier this year, Senators David Vitter and Rand Paul introduced a constitutional amendment to eliminate one of the key advancements in liberty in American history: the citizenship provision of the Fourteenth Amendment, a necessary reform that was made possible only at the horrendous cost of four years of bloody war. Correcting the mistakes of the past, Americans guaranteed the promises of liberty and equality available for all who were born here. The senators' proposed constitutional amendment was a shameful statement that those who adopted the Fourteenth Amendment had made a mistake.
Even though both senators had also (falsely) claimed that the Fourteenth Amendment did not confer citizenship on people born here to undocumented immigrants, their introduction of a constitutional amendment suggested a recognition that writing millions of Americans out of the Constitution would effect a fundamental change in our nation's character.
However, as Andrea Nill reports in Think Progress, Vitter and Paul have managed to take their hostility toward millions of Latinos to the next level:
This week, the two senators addressed the legislative dissonance by introducing a bill that's essentially a carbon copy of Rep. Steve King's (R-IA) birthright citizenship proposal in the House. Vitter and Paul, along with Sens. Mike Lee (R-UT) and Jerry Moran (R-KS), say their legislation "requires the federal government to limit automatic citizenship to children born to at least one parent who is a citizen, legal resident, or member of the military."
Yet, rather than seeking two thirds of Congress and three-fourths of all the states to amend the Constitution, they now simply seek to redefine it by amending the Immigration and Nationality Act. ...
Since it’s highly unlikely their proposal will get very far, it raises the question of what Vitter and Paul’s goals really are. It’s one thing to argue in favor of a constitutional amendment. The arguments behind it are still beyond questionable, but at least they are based on a general agreement that the 14th amendment has been rightly interpreted throughout the past century. When people start arguing that the Constitution has been misread for over 150 years, it undercuts the legitimacy of the millions of Latino and Asian citizens who at some point in their family tree had citizenship conferred to them through an immigrant family member who came to the U.S. during periods when most foreign residents lacked formal “legal” status. Given the fact that Vitter and Paul waged two of the most blatantly racist campaigns last year, I wouldn’t be surprised if that’s exactly what they’re trying to accomplish.
As we have reported, legislative efforts to exclude millions of people who were born here from the rights of citizenship are flatly inconsistent with the Fourteenth Amendment's plain text and its history, buttressed by over a century of case law.
Today, People For the American Way released our latest Right Wing Watch In Focus report examining the slate of extremist GOP Senate candidates running for office this year.
Entitled "The Rogues' Gallery: Right-Wing Candidates Have A Dangerous Agenda for America and Could Turn the Senate," the report examines the radical agendas and views held by Joe Miller, Carly Fiorina, Ken Buck, Christine O'Donnell, Marco Rubio, Rand Paul, Roy Blunt, Sharron Angle, Kelly Ayotte, Richard Burr, Rob Portman, Pat Toomey, Mike Lee, Ron Johnson, and Dino Rossi, plus the role that Sen. Jim DeMint has played in dragging the GOP further and further to the right.
Here is the introduction:
Republicans in the U.S. Senate have already broken all records for unprincipled partisan obstructionism, preventing the administration from putting people into key positions in the executive branch, blocking judicial confirmations, and delaying and preventing Congress from dealing with important issues facing the nation, from financial reform to immigration. Now a bumper crop of far-right GOP candidates threatens to turn the "deliberative body"into a haven for extremists who view much of the federal government as unconstitutional and who are itching to shut it down.
Fueled by the unlimited deep pockets of billionaire anti-government ideologues, various Tea Party and corporate-interest groups have poured money into primary elections this year. They and conservative voters angry about the actions of the Obama administration have replaced even very conservative senators and candidates backed by the national Republican establishment with others who embrace a range of radically right-wing views on the Constitution, the role of government, the protection of individual freedoms, and the separation of church and state.
Recently, Religious Right leaders have been grousing that Republican candidates arent talking enough about abortion and same-sex marriage. But this report indicates that anti-gay and anti-choice activists have little to worry about, as the right-wing candidates profiled here share those anti-freedom positions even if theyre talking more about shutting down federal agencies, privatizing Social Security, and eliminating most of the taxes paid by the wealthiest Americans. A number of these candidates oppose legal abortion even in cases of rape or incest.
Sen. Jim DeMint of South Carolina is helping to lead the charge with his Senate Conservatives Fund. DeMint, an absolute favorite of both the Tea Party and Religious Right political movements for his uncompromising extremism on both economic and social issues, is at the far right fringe of the Republican Party and has committed himself to helping elect more like-minded colleagues. Sarah Palin, also popular among both Tea Party and Religious Right activists, has also injected her high-profile name, busy Twitter fingers, and PAC cash into numerous Senate races.
Among the right-wing insurgents who defeated candidates backed by national party leadership are Christine ODonnell of Delaware, Joe Miller of Alaska, Marco Rubio of Florida, Rand Paul of Kentucky, Sharron Angle of Nevada, Ken Buck of Colorado, and Mike Lee of Utah. Others, like Carly Fiorina of California, came through crowded primaries where right-wing leaders split their endorsements, but have now coalesced around her candidacy.
And thanks to the conservative Supreme Courts ruling in the Citizens United case, which said corporations have the same rights as citizens to make independent expenditures in elections, right-wing candidates across the board will be benefitting from a massive infusion of corporate money designed to elect candidates who will oppose governmental efforts to hold them accountable, for example environmental protections and government regulation of the financial industry practices that led the nation into a deep recession.
This In Focus provides an introduction to a select group of right-wing candidates who hope to ride a wave of toxic Tea Party anger into the U.S. Senate. The potential impact of a Senate with even half of these DeMint-Palin acolytes would be devastating to the Senates ability to function and the federal governments ability to protect the safety and well-being of American citizens.