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Republicans Passionate Defenders of The Constitution—As They Imagine It
Last November, the satirical newspaper the Onion published an article entitled "Area Man Passionate Defender of What He Imagines Constitution To Be." The piece "reports" on a man who incorrectly believes that the Constitution declares the United States to be "one nation under God" while also prohibiting flag-burning and the income tax.
In this year's midterm election campaign, Republican candidates, especially those endorsed by the ubiquitous yet inscrutable "Tea Party", are working hard to convince us that the Onion's headline applies equally to their understanding of the Constitution: Republicans solemnly proclaim their deep respect for the nation's founding document, but don't seem to have actually read the thing. Delaware senate candidate Christine O'Donnell declared that, "when I go to Washington, D.C., the litmus test by which I cast my vote for every piece of legislation that comes across my desk will be whether or not it is constitutional". That is a worthy goal and could save the courts some time in having to exercise judicial review, but it depends on O'Donnell having at least a working knowledge of what the Constitution says and means. In one recent debate, she claimed that "where the question has come between what is protected free speech and what is not protected free speech, the Supreme Court has always ruled that the community, the local community has the right to decide." That's the polar opposite of what the Court has decided: unpopular speech is protected by the First Amendment and majorities -local or otherwise-do not get to decide otherwise. As Justice Jackson eloquently put it in a 1943 decision: "One's right to...free speech...and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections." In another debate, O'Donnell didn't seem to know that the First Amendment prohibits Congress from passing laws "respecting an establishment of religion." (A professor who attended the second debate reports that "you actually heard the audience audibly gasp" when O'Donnell revealed her ignorance).
While O'Donnell has become a convenient go-to candidate when describing the shortcomings of Tea Party-backed Republicans, she's hardly the only one to betray a gap between aspirations toward constitutional purity and reality. Constitutional ignorance has plagued the Republican party for some time.
During the 2008 campaign, presidential candidate John McCain concluded that "I would probably have to say yes, that the Constitution established the United States of America as a Christian nation," despite the fact that the word "Christian" appears a grand total of zero times in the Constitution. The original pre-Bill of Rights document contained just one reference to religion: Article VI provides that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States". The First Amendment added two additional provisions, including the Establishment Clause prohibition against any "law respecting an establishment of religion" that O'Donnell seemed surprised by in her recent debate.
McCain's former running mate, Sarah Palin, reached a similarly unfounded conclusion last May in an interview with Bill O'Reilly-Palin claimed that "the Constitution allows that Judeo-Christian belief to be the foundation of our laws and our Constitution, of course, essentially acknowledging that our unalienable rights don't come from man. They come from God." Like "Christian", the word "God" also appears a grand total of zero times in the founding document Palin invoked (the Constitution doesn't refer to a Creator either-that's in the Declaration of Independence). The same pesky Establishment Clause that keeps popping up also prohibits the Judeo-Christian theocracy Palin imagines.
It goes on and on-the Republican party of strict constitutional construction doesn't believe in actually reading the document they'd like to strictly construct. Instead, Bush advisor Karen Hughes, tasked with improving America's image in the Muslim world, explained to an Egyptian opposition leader in 2005 that the reason why American presidents frequently refer to God in public speeches is that "our Constitution cites "one nation under God." (No, it doesn't-that's the Pledge of Allegiance.) Maine Sen. Susan Collins criticized the Obama administration for providing the attempted Christmas Day bomber Miranda warnings and access to an attorney, protections she said the Constitution guaranteed to "American citizens" (she emphasized these words). Not correct-none of the protections in the Bill of Rights is limited to citizens only.
A number of Republican candidates associated with the Tea Party, including O'Donnell, have signed the ten point "Contract from America": point one is "Protect the Constitution." A better starting point might be actually reading the nation's founding document.
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33 Comments so far
Show All"[T]he Republican party of strict constitutional construction doesn't believe in actually reading the document they'd like to strictly construct" - they don't believe in reading, period. It's a well-known fact among Republicans that reading can lead to homosexuality or, worse still, science.
All you have to do is see what the Bush administration did to the Constitution with the Patriot Act, to know Republicans care little if anything about our Constitution.
As far as reading and Republicans go, the same can be said for Democrats. How many Democrats really read the Health Care bill or any of the other 1,000+ page bills before they voted for them? For that matter, how many read them after they voted for them?
It doesn't matter which political party you are thinking of, they both take their orders from the corporations who fund their campaigns.
I seem to recall the establishment of religion clause was revoked in Article IV of 'The Pet Goat'.
Are you sure that it wasn't revoked in the Tea Party Coloring Book?
This would be a good time for you, Chris, to read =The True Believer= by Eric Hoffer, first published in 1951. Perhaps the only mass movement in history where the sacred writ was comprehended was the coup of Mao Zedong where the Chinese were obliged to carry a copy of The Red Book upon their person
It obviously doesn't matter what the Constitution actually says; Republicans only use it as a symbol, and trust in their base's ignorance of the actual words to carry them along in promoting whatever the hell they want under the guise of "strict" interpretation.
Sort of like the Bible, eh?
"It's a goddamn piece of paper!"
-George W. Bush
Why wasn't he impeached for that?
I'm surprised the Constitution hasn't been confiscated and destroyed as contraband - being written on HEMP.
The original draft was on Hemp, the "official version" is actually on parchment.
Yes, it is most distressing that the Republicans fail to pay pious lip-service to the Constitution as rigorously as their conjoined Other party does.
"O'Donnell declared that, "when I go to Washington, D.C., the litmus test by which I cast my vote for every piece of legislation that comes across my desk will be whether or not it is constitutional"."
And to do this, I suppose she will apply the vast knowledge of the U.S. Constitution and Constitutional law which she acquired during her graduate studies at Glen Beck University... clearly she graduated magna cum laude.
What's being discussed is the Bill of Rights, not the 1787 constitution itself per se. Compared with the USA's first constitution--The Articles of Confederation--the 1787 constitution is an abomination guaranteed to ensure elite control of the government and country, which is exactly what's occured whereas the Articles confered no such ability.
The supposed greatness of the 1787 constitution is the foundation for the myth of American Exceptionalism. It is just a goddamned piece of paper that must be decertified along with the institutions it created and replaced by a better document and new institutions that make elite control of the government and country impossible to achieve.
It should be noted that the plege of allegiance's "under god" was created around the turn of the last century, and in "god we trust" was added to the money after the civil war, over 100 years after the constitution was written and well after the founders had passed away. They were implemented by christian revisionists and the founders of the Constitution would have been horrified by the references to god in such national symbols as it is contrary to the philosophy of a free society and of a government that does not display bias towards religious doctrines.
Jefferson made fun of christians and himself was not christian, but was a deist, along with many other founders. Many writers to the constitution were also free thinkers or deists, not the religious brainwashed, indoctrinated nutjobs that we see with the tea party.
The fact that Republicans actually support censorship as per sujggested by O'donnell also exposes what authoritarian despots these people are who seem to completely redefine the constitution for their own sinister purposes of a corporate state where individuals are enslaved and powerless under corporate elites and with an authoritarian religious christian theocracy. It is truly quite frightening. I partly blame it on the number of persons in this country who apparently the only primary education they had was an education in a religious school.
The fact that in this country we have religious schools where there is a very strong inclination to tilt and bias the information to indoctrinate with religious nonsense, in an illogical way they teach that the bible actually supercedes emperical reality is concerned and perhaps why we have so many people who simply do not know about the fundamentals of a free society, who basically do not live in reality and cannot think critically and seem to constantly lie or cannot see facts or truths. the entire doctrine of mainstream religions is unquestioning obedience not critical thinking and free thinking.
Ive known people whose children actually went to these Religious schools, where the parents actually volunteered their time to go through text books and censor references to evolution and other scientifically supported facts.
Simply the nature of Religious primary schools is concerned. What does science, english and math have to do with Jesus? At least with sunday school the religious doctrine is kept confined to that and is not also contaminating the right of children to an unbiased, fact based, science based education, not one filled with religious mythologies and lies.
There is nothing freedom promoting about Republicans, they are religious nutcases who want to force their religions on others and are corporate fascists who constantly undermine individual liberty with corporate economic and political domination.
"under god" was not added to the pledge until 1954...
"in god we trust" was added to paper money in 1957...
"Ive known people whose children actually went to these Religious schools, where the parents actually volunteered their time to go through text books and censor references to evolution and other scientifically supported facts."
Here in the State of Texas, we parents have been spared having to spend our time censoring scientific knowledge out of our textbooks. The state is doing it for us.
And certainly you must know that America was discovered by John Calvin when he sailed the ocean blue aboard his yacht in 1492! He actually thought he was in India because his GPS system had malfunctioned. See what happens when one relies on science?
I would also like to say that if Palin, O'donnel, et al, had written the constitution we would be living in a christian authoritarian theocracy with gays, free thinkers, those not worshipers of the abrahamic religion, discriminated against, persecuted, perhaps even tortured and killed, witch hunts, wonton and indefinite detentions without trail, ridiculous superstitions leading to arbitrary religious sanctioned violence under religious law, hangings of gays and lesbians, and so on. It seems like these people look fondly back on the good old traditional values of the dark ages where infidels were tortured and killed, gays executed, and all free thought and critical thinking suppressed, and other such murderous madness. Thats why we call them regressives. They are despotic authoritarian personalities. These people long for the days of galileo where independant questioning of religious doctrine was not permitted and facts and evidence were suppressed, where religious irrationality suppressed all other questioning and thought. Clearly Republicans must abhor the true secular nature of the US constitution, and as well the scientific enlightenment in Europe during the 17th century and long for the dark ages of ignorance, brutality, theocracy.
Claiming to love the constitution offers legitimacy for hating the country. The problem with the country then can't be the country as constructed, just the country as liberals made it. When you're about to do something horrific, like the violent takeover of a country, it helps to identify yourself with some higher symbol of what you're after. These people don't need to read the constitution any more than many Bible-thumpers need to read the Bible. They 'know' what it says.
The Tea Partiers are a genuine populist movement that is being played like a Fiddle by the nations owners. They will lose, even if they win. If they win this November, they'll be betrayed by the GOP. That's the point at which they'll get violent, and be encouraged by Faux News/Glenn Beck to engage in Sharon Angles 'Second Amendment Solutions'. Their blunt rage will be told to take unfocused aim at liberal intellectuals who gave the nation away to illegals and bankers. The nation thus destablized, democracy will temporarily be recinded for martial law, and it'll turn fascist.
Or not. But it sure looks that way. Either way, the claim to love the constitution justifies, and romanticizes, the hatred of the country, of what liberals turned the country into. You don't have to travel far into Glenn Beck's 'teachings' to find that out. Since Reagan, American conservatives have feasted on 30 years of disinformation about the nature of the individual and the role of the state. This romantic notion that we're all individual consumers, of goods and political services, not only not connected but preferably DISconnected from any common impulse, allowed the wealthy and WallStreet (which by contrast is all about connection) to 'divide and conquer' the country. All people know is that they've been ripped off and, according the Glenn Beck, the liberal power elite did it. They aren't being told the role THEY played in their own fleecing, but are being wound up like toy soldiers, to be directed into violence, and fascist takeover.
It's important in an article decrying those who don't know the facts of what is in the Constitution to get the facts right and this article gets the facts wrong about O'Donnell.
The following statement is actually incorrect: "The First Amendment added two additional provisions, including the Establishment Clause prohibition against any 'law respecting an establishment of religion' that O'Donnell seemed surprised by in her recent debate."
To those of us not schooled in the religious right's indoctrination it is obvious that the Establishment Clause along with the Freedom of Religion Clause erected a wall of separation between Church and State. But to the religious right this is not so.
O'Donnell was not surprised that the Establishment Clause is in the First Amendment; she was incredulous that anyone would assert that "Separation of Church and State" was in the First Amendment and mocking anyone who identifies the Establishment Clause with the separation of Church and State.
The religious right has created this narrative that the founders did NOT intend a separation of Church and State with the Establishment Clause but only that there not be an official Church of the United States.
When we in turn mock O'Donnell for her views on this and get it wrong what was going on, we do not help ourselves. O'Donnell very well knows what words are in the First Amendment. If that was all that had happened she'd by now know that she was wrong on that. But she is still convinced she was right on this because she was asserting something different, that the words in the First Amendment do not erect the wall of separation that we cherish, so she feels tearing down that wall is a grand, Constitutional thing to do.
LibWingofLibWing, I agree with you. I think Robert Naiman would too, FWIW. Check out his article here yesterday* and the comments thread.
I read it as a possibly vain and futile, but compelling plea for scrupulousness in political discourse. It didn't get much traction, and you may suffer the same fate.
People just don't want to hear it. Well, that's as sweeping a generalization as one can make.
But I find my well-meaning dutiful disappointed Democratic liberal sister to be a good example. During a recent get-together, she went off on a rant about O'Donnell by way of briefing my brother, who was visiting the US but lives in Europe.
She noticed I wasn't chiming in as I typically do during our conversations, and suddenly offered the part-facetious, part-serious guess that HE (me) is probably going to DEFEND O'Donnell like he DEFENDS Palin!
I don't defend either of them. I just happen to be one of the minority in the Salem Village of the Amerikan political theater who doesn't buy into the witch-hunting. I tell her that the ones with the impeccable credentials, qualifications, and poise are the ones you REALLY have to keep an eye on.
She thinks I'm nuts.
There's a persistent dumbed-down "politics ain't beanbag" pseudo-ethos that regards political performing as a contact sport, a scrimmage. Playing fast and loose with facts about an opponent is normal and inevitable.
Seen through this lens of coarse, prolapsed pragmatism, troubling to critique the Good Enough For Political Work version is pointless folly. Good luck.
* http://www.commondreams.org/view/2010/10/23-1
"O'Donnell very well knows what words are in the First Amendment. If that was all that had happened she'd by now know that she was wrong on that."
I very respectfully disagree- she wasn't trying to engage in some clever and sophistcated symantic fencing match, she just really is that stupid...
Having grown up around them and being subjected to them daily in my career, I do understand what you are saying about the indoctrination of the Evangelical religious right. However, I also know that among these folks, ignorance, intolerance and narrow mindedness are worn as badges of honor. Gone are the days when Evangelicals had to actively dismiss observable, provable reality, in order to fit into the flock. Her generation is so steeped in "Christian ideology", and their own parallel version of reality, that pesky things like facts are completely unimportant. The truth is that she probably has no more understanding of what's in the 1st Amendment (or any other) than she has of Quantum Physics.
Ignorant and intellectually incurious purely by choice; hateful and intolerant by nature, O'Donnell and her ilk are the perfect faces to put out in front of the group they claim to speak for. In fact, you couldn't create a more fitting representation if you tried.
OLD SARGE: I agree. I live in the Bible belt and deal with this mentality a lot. There are some on CD who encourage us to talk to our neighbors, find ways to discover common ground since ultimately THIS IS the workers' revolution. However most who make this recommendation live in a city or a college town where some respect for truth is still the norm. They really don't understand the density of the mindset you defined.
You are so right about the separate reality these people have woven for themselves. Anyone who can, on the one hand cry out for the life of the unborn fetus while simultaneously clamoring for war against an illusory enemy (foreign types who do not attend their church) is already in a league of the psychotic. That there are so many who either naturally gravitate to these beliefs, or have been held hostage by them since childhood exposure & indoctrination, lends them cover. The net result is that millions of people cannot see outside constructs that in a sane/balanced society would be kept under lock and key... or slated for emergency psychiatric treatment!
Can I get a... dare I say it??? Amen?
It's not semantic word play. O'Donnell and her type think that the concept of separation of Church and State is not in the Constitution. They think that the Establishment Clause does not mean that. This is their indoctrination and yes, it is ignorance and stupidity, but not a simple ignorance about what's in the Constitution but a sicker one about what what's in the Constitution actually means.
The simpler ignorance would be easier to counter because it's an ignorance about facts. A lot of people whose dogma is based on supposed facts that aren't so can actually be made to question their faith when they are exposed to the real facts. I saw this happen when I was in Seminary as Fundamentalists lost their faith when they couldn't deny the facts that Isaiah had more than one author.
But the sicker ignorance that is about the meaning of the facts is harder to shake. They already know the facts, they just are so indoctrinated in a twisted interpretation of them that they can't comprehend anything else.
This is where O'Donnell is and this is a BIG problem.
I don't disagree that her radical religious indoctrination has led her to peripherally believe that there is no separation of church and state in the Constitution. You very correctly point out that this is a common thread in the political dogma of the religious right. I just don't believe that she is smart enough to effectively articulate that idea, and certainly not by using any type of sophisticated rhetorical ploy. That's all I was trying to get across. I do, however, agree that she and all like her are BIG problem.
My favorite remains Lt. Gen. Michael Hayden, when he was Principal Deputy Director of National Intelligence, during a press conference in late January 2006, arguing with an NBC (I believe) reporter because the reporter said that search warrants required probable cause and Hayden, who was operating the wireless eavesdropping program, insisted that the 4th amendment does not even include the words "probable cause" and added "that's the one amendment we in the NSA really know."
Of course, the 4th does stipulate that warrants only be issued for probable cause.
Hayden's reward for his on-the-air stupidity? In May of that year he was made CIA Director.
"no gods, no masters" --m. sanger
Don't throw the baby (Jesus) out with the bath water. The moral imperatives related in the New Testament are a double edged sword that can be used against any who would claim moral superiority, and use it for "EVIL" ends.
The Bible, like any document, must be used to constrain any who would use it to exercise authority over others. Thus we should employ it in "Discerning the thoughts and intents..." (duplicity) of even a knowledgable zealot, not to mention his useful idiot. If one uses the concordance, false statements can be refuted.
Well said.
The constitution set up a house of representatives which initially had 65 representatives. By 1911 it had grown to 433 where it was 'fixed' (nice word, eh?) at where it is today (435).
Now what that says to anyone with half a brain is that as our population grew from 1911 to now (some states were added resulting in other states LOSING representatives to maintain the same number), we progressively became LESS and LESS democratic. The senate also became even less democratic than ever because each state was far more populous. The senate started out elitist and oligarchical and became more so. After 1911, the same corrupt, creeping plutocratic takeover strangled the house. Just to get back to the 1911 level of democracy, we would need several THOUSAND representatives. And even that wouldn't be enough. Back in 1911 Rockefeller owned most of them. That's how the federal reserve crooks were created in 1913.
And that's how corporations took us over, folks. Who do you think got the number 'fixed' back in 1911?
That's your homework assignment. And you thought the corporate takeover was recent? And you thought you lived in a representative democratic republic? What a cruel hoax has been played on us.
We're supposed to have one representative for every 65,000 people. Current US population is about 307 million; so, we ought to have 4,723 people in the House.
I just found this:
June 11, 1929
On this date, the House passed the Permanent Apportionment Act of 1929, fixing the number of Representatives at 435. The U.S. Constitution called for at least one Representative per state and that no more than one for every 30,000 persons. Thus, the size of a state’s House delegation depended on its population. But the founders were vague as to how large future Congresses should be and what method to use to reapportion the House after each federal census. These questions vexed Congress for much of its history as U.S. territories expanded and the population grew. Usually, the House reapportioned itself in a manner that expanded, or at least preserved, the representation of most states. Gradually, however, the method for calculating apportionment caused smaller rural states to lose representation to larger urbanized states. A battle erupted between rural and urban factions, causing the House (for the only time in its history) to fail to reapportion itself following the 1920 Census. Signed into law on June 18, 1929, the Permanent Apportionment Act capped House Membership at the level established after the 1910 Census and created a procedure for automatically reapportioning House seats after every decennial census. Republican Majority Leader John Q. Tilson of Connecticut approvingly declared that the act dispelled “the danger of failing to reapportion after each decennial census, as contemplated by the Constitution.” But opponents, such as William B. Bankhead of Alabama, who doubted its constitutionality, described the plan as “AN ABDICATION AND SURRENDER OF VITAL FUNDAMENTAL POWERS.” In 1941, Congress adopted the current formula for reapportioning House seats.
-------------------------------end of snippet-----------------------------------------
This corporate coup began in 1911 and was finalized in 1929. How ironic that they finished stealing the republic just before the Wall Street crash.
And the role of the lead trator, John Q. Tilson of Connecticut, will hopefully someday go down in infamy. Connecticut, the corporate paradise and home to Lieberman, Dodd and Biden...
I just noticed that, since the rep count of 435 was frozen in 1911 (before women could vote), they shafted the women's suffrage movement. They knew women were demanding the vote so they guaranteed a situation where they couldn't get the same representation as men before them. They suckered you, girls. And all so the corporations wouldn't have to spend twice as much money to buy the reps back then.