Tea Party

  • September 20, 2012
    BookTalk
    Wrong and Dangerous: Ten Right Wing Myths About Our Constitution
    By: 
    Garrett Epps

    By Garrett Epps, Professor of Law, University of Baltimore School of Law. Epps is also a contributing editor at The American Prospect.


    When future generations write the history of our time, I think they'll be struck by the way that vocal minorities in early 21st American culture succeeded in convincing their fellow citizens that there is doubt about obvious truths. The unquestionable reality of climate change is now discussed (only in America) as if it were a doubtful surmise; so, too, in much of the country is the demonstrable fact of evolution through natural selection. Human reproductive biology is now being targeted for dumbing down (see recent claims made by Sen. Todd Akin), as is public health.  I daily expect to read that we must all act as if there’s some question that pi equals three, because I Kings 7:23 implies that it does.

    That same sort of dumbing-down has been directed, over the past four years and more, at the United States Constitution. Any citizen's ears are daily assaulted by insistent claims that the "purpose" of the Constitution was to cripple Congress; that the First Amendment does not separate church and state; that the Second Amendment was passed so that citizens may defy federal law; that states are "sovereign" and may expel federal officials at their pleasure; and that federal environmental, social welfare, and worker-safety programs are illegitimate uses of the Commerce Power. If you don't believe me, just turn on Fox News, listen to AM talk radio, or read the letters columns of your hometown newspaper.

    And it's not just the public dialogue that is coming unhinged; extremists on the lower federal bench have begun using libertarian rhetoric as part of a crusade to cripple government. As one example, just consider the recent decision by the D.C. Circuit that new health warnings on cigarette packs are unconstitutional because efforts to discourage smoking are an "ideological," not a public health, matter.

    Two years ago, I became concerned about the toxic effects of this ideological sludge. The result is my new book, published this week, Wrong and Dangerous: Ten Right Wing Myths About Our Constitution

    The book was born out of a session of Tea Party-style "Constitution school" in a church basement, in which our instructor solemnly informed us that the Constitution is the law of Moses, brought to England by the Lost Tribes of Israel, and "intended" to restore the tallow-candle world of fifth-century Saxon England.

    I am not making this up. These seminars are going on every weekend across the country.

  • July 3, 2012

    by Jeremy Leaming

    Despite upholding the Affordable Care Act, corporate America continues its winning ways before the nation’s highest court.

    Specifically, the Chamber of Commerce, the nation’s biggest lobbyist for business interests has “prevailed in 68 percent of its cases before the Roberts Court,” writes Neil Weare for the Constitutional Accountability Center (CAC). He adds that the Chamber’s “success has grown significantly since the stable Rehnquist Court, when it was just 56” percent.

    In close cases, Weare says “Chief Justice Roberts and Justice Alito have become the Chamber’s strongest champions.” Roberts has sided with the Chamber 84 percent of the time; Alito has sided with it 92 percent of the time.

    “In sum,” Weare concludes, “the October 2011 Term yet again demonstrates the roaring success of the U.S. Chamber of Commerce has had before conservative Justices on the Roberts Court.”

    The trend also shows liberals are making little headway in reversing the decades-long movement to destroy the nation’s social safety. While poverty continues to grow, and a small group of outlandishly wealthy people continues to consolidate its power, all three branches of the federal government, not to mention a slew of Republican-controlled statehouses, seem forever beholden to the wealthy few.

    The Affordable Care Act, which the high court narrowly upheld, and did so by placing limits on Congress’s spending power, is also under attack by right-wing politicos who are bent on hampering even moderate efforts to create a decent social safety net in a wealthy country.

    As noted here, Republican governors are loudly proclaiming they’ll work to undermine the Affordable Care Act, especially its provision calling for an expansion of Medicaid. TPM’s Brian Beutler reports that Louisiana’s right-wing governor, Bobby Jindal, says “we’re going to do everything we can” to trash the Obama administration’s health care law.

  • June 27, 2012

    by Jeremy Leaming

    Up until the $2 billion trading loss debacle at JPMorgan Chase, right-wing lawmakers in Congress, primarily the House, were feverishly working to water down with new legislative measures Dodd-Frank, the financial reform law passed in the wake of the Great Recession.

    But, as CQ Today reported, House Republicans halted their efforts “at least for now” to undercut the law aimed at ending the shady tactics employed by financial industry giants that led to the financial meltdown of 2008. Part of Dodd-Frank created the Consumer Financial Protection Bureau or CFPB, which is tasked with trying to bring some sanity to the financial industry.

    As CFPB Director Richard Cordray (pictured) said during the ACS 2012 Convention the agency is the first ever “created with the sole purpose of protecting consumers in the financial marketplace. It is not an easy task, but it is crucial because the financial marketplace is no easy place for our fellow citizens as they seek to manage their affairs.

    Cordray continued, “Our task is so crucial because, as we saw with the recent financial crisis, unregulated or poorly regulated financial markets can undermine the stability of the economy and with it the promotion of the general welfare that, as specified in the preamble to the Constitution, stands as one of the basic purposes of the federal government. For that reason, the new Consumer Bureau was also created to help ensure that the recent financial panic and economic meltdown does not repeat itself.”

    But government efforts to help the nation’s less fortunate or vulnerable run counter to the interests of the nation’s super wealthy. Columbia University business school professor Joseph Stiglitz, author of Freefall, has noted that the nation’ top one percent has the greatest sway in the nation’s capital, and that it is largely not interested in progressive legislation.

    So like the efforts to reform the nation’s health care system, which includes tens of millions of uninsured, the Right is turning to the federal bench to try stymie progress. And as noted by the Constitutional Accountability Center’s Simon Lazarus the Right and libertarians have proven their acumen in advancing their views of a radically cramped Constitution and selling wobbly legal claims to the public. 

    Media Matters’ David Lyle in a post for the organization’s County Fair blog called “First Health Care, Now Dodd-Frank: The Tea Party Constitution Rises Again,” urges progressives to be better prepared.

    “Although the legal arguments made in the suit [lawsuit lodged in federal court last week challenging the constitutionality of Dodd-Frank] are questionable, the case should not be dismissed as harmless,” Lyle writes. “The right-wing media’s proven ability to move dubious legal claims into mainstream debate combined with a conservative federal judiciary sympathetic to corporate interests mean the CFPB suit bears close scrutiny.”

    Lyle notes experts doubt the challengers have standing to lodge the lawsuit, and that at least one “financial services regulatory lawyer” has concluded it doubtful “that a court would find significant provisions of Dodd-Frank unconstitutional because of ‘general vagueness considerations.’”

  • May 1, 2012

    by John Schachter

    Jonah Goldberg’s online tongue-in-cheek, ironic, satirical humor column on The Washington Post website this past weekend suffers from one major flaw: it’s apparently not intended to be tongue-in-cheek, ironic, satirical or humorous. Oh, well.

    Goldberg tackles, as he puts it, the “top five clichés that liberals use to avoid real arguments.” We’ll get to that part of the column in a moment.

    But first Goldberg opens by criticizing “mainstream liberals from Franklin Roosevelt to Barack Obama -- and the intellectuals and journalists who love them” for claiming to be “dispassionate slaves to the facts; they are realists, pragmatists, empiricists.” Liberals, he claims, insist that “if only their Republican opponents weren’t so blinded by ideology and stupidity, then they could work with them.”

    Let’s take a look at the facts. (Yes, we know Goldberg and his ilk don’t like when – cliché alert! – facts get in the way of a good argument. Wasn’t it Sen. Jon Kyl’s (R-Ariz.) spokesman who, when challenged on a ridiculously inaccurate statement Kyl used in a floor speech, insisted that Kyl’s comments and statistics were “not intended to be a factual statement”? Should we at least give him credit for at least admitting this distaste for facts?)

    Despite ALL the evidence to the contrary, many Republicans continue to believe that President Obama was not born in the United States.Polling in March 2012 – nearly a year after the White House released the president’s long-form birth certificate, which should have ended, once and for all, the ridiculous “debate” – found that large percentages of Republicans in three key primary states still doubted the facts.

  • April 30, 2012

    by Nicole Flatow

    Pop quiz: What is the central constitutional provision at issue in the Supreme Court’s review of the Affordable Care Act? If you said the Commerce Clause, you’re one step ahead of many of the tea partiers who protested outside the Supreme Court during oral arguments.

    Responding to questions from staff at the Constitutional Accountability Center, tea partiers bearing signs that read “Obamacare is unconstitutional” couldn’t name any part of the Constitution that they believe the law violates.

    “Well, I should know better. I should be able to answer that question and I can’t,” said one protester in a video produced by CAC, “Tea Party vs. The Constitution: ObamaCare Edition.”

    “If you read the Constitution, there’s nothing in there about health care,” said another.

    Others, when told that the Commerce Clause is what authorized Congress to pass the law, said the Commerce Clause was “added later” and was not part of the original Constitution.

    And when the interviewer tried to correct them by pointing out that the Commerce Clause is in Article 1, Section 8 of the original Constitution, one protester responded, “There’s no use in arguing about that because I don’t think either of us know for sure.”

    Watch the full video, including facts from experts who know what the Constitution actually says, below: