Six Things

All of which the Tea Klan have declared unconstitutional (bulletized for your enjoyments; click through for detail):

1) Social Security
2) Medicare
3) Minimum Wage
4) US participation in the United Nations
5) Unemployment Benefits
6) The Civil Rights Act

With the possible exception of the UN, these all poll in the ridiculously favorable range, so: Would it kill the DCCC or other national messaging group to make a 30 or 60 second commercial detailing this? Apparently it would.

Six Things

I disagree strongly with the concept of separation of church and state. It was not written into the Constitution. While we have a Constitution that is very strong in the sense that we are not gonna have a religion that’s sanctioned by the government, it doesn’t mean that we need to have a separation between government and religion. And so that, that concerns me a great deal.

Ken Buck, Tea Klan candidate for Senate from Colorado.
We’re going to have to start with phonics, and only then move up to vocabulary.

It’s not about race. It’s also not about free speech, as some have charged. Nor is it about an alleged attempt by NPR to stifle conservative views.

NPR Ombudsman Alicia Shepard on firing Juan Williams. FOXnews supporters seem to have forgotten that his role was as the token liberal over there; how in the hell could his viewpoint be legitimately considered one of stifled conservatism? And NPR seems to have no idea whatsoever re: his position within their organization. Was he a conservative analyst? Apparently not. He was supposed to be a leading voice of the view from nowhere. This “explanation” only serves to make me wonder if anybody ever listened to what he said. Unbelievable.
Likewise, can we clarify for once and for all that freedom of speech applies to your freedom to state an opinion, and not freedom from the implications and outcomes of stating that opinion? One would think this goes without saying, but I have yet to see a MSM outlet reporting anything approaching a baseline understanding of this.
But, by all means, no reason to point at the Rodeo Clown.

The Rodeo Clown

This is why you have to point out O’Donnell’s foolishness early and often:

Are you telling me separation of church and state’s in the First Amendment? It’s not. Christine O’Donnell was absolutely correct – the First Amendment says absolutely nothing about the separation of church and state.“
–Rush Limbaugh

And he’s right…if your requirement for Constitutional legality is based on applying some sort of misguided Biblical Inerrancy to the Constitution and its legal meanings, then you’re going to be disappointed re: church and state. This is, not coincidentally, also why the very same Tea Klanners see a major difference between:

separation between church and state

–and–

separation of church and state

These are seen as completely different statements. And one of those two is coming at you straight from Hitler. And you want the facts to matter?
That the establishment clause of the first amendment implicitly creates a separation between church and state is unimportant to the Tea Klan. They are reading this as the literal string of words and most definitely not for any deeper meaning. We don’t want to cast our lot in with a bunch of pointy-headed lawyers, now do we? The words separation, of, church, and state do not appear. Period. Furthermore, "In God We Trust” is on the currency; the Tea Klan worships Lord Jesus, so that word “God” must mean Christian God and not, say, Tiamat, God of Chaos. That it was put there relatively recently is utterly unimportant: the facts do not matter. It is there; we are a movement made up of Christians, therefore the US must be an inherently christian nation, (because some of the founders were, in fact, Christians) and thus we should be, on that basis, ruled by christian laws, morals, and ideals.

Look, the Tea Klan has about 10 preferred narratives. You’re not going to beat any of them based on the facts or some sober assessment of the deeper meanings of the Constitution and its amendments. The facts simply do not matter.
The only way you beat these memes is by linking them inextricably in the minds of the broader populace with outright lunacy. As soon as anyone starts talking about nullifying the 17th amendment, you need a large fraction of the population to link that with nuts like O’Donnell and instantly, reflexively turn off. Oh, 17th amendment again, that is a rube’s issue, this person must be a nut just like that know-nothing O’Donnell. Wait, didn’t I hear Sharon Angle talking about that same crap? That makes me uncomfortable, no matter how strong she is on the menace of Social Security. Hey, why is the GOP nominee for President yapping on about the 17th amendment just like that crazy woman did? Thus ends the Tea Klan.

I Guess I Didn’t Get That Far

Christine O’Donnell: “…perhaps they didn’t teach you Constitutional law at Yale Divinity School.”
Chris Coons: [Creationism, implicitly “a religious doctrine,” should not be taught in public schools due to the Constitution’s First Amendment.]

Christine O’Donnell: “The First Amendment does? Let me just clarify: You’re telling me that the separation of church and state is found in the First Amendment?”

Chis Coons: “Congress shall make no law respecting an establishment of religion,”

Christine O’Donnell: “That’s in the First Amendment…?”

The Obama administration is considering filing the first criminal charges against radical cleric Anwar al-Awlaki in case the CIA fails to kill him and he is captured alive in Yemen.

Matt Apuzzo, writing for the Associated Press.
Nothing defines America more than these core Constitution protections: Kill first, then charge. Thank God the Founders had the foresight to put that in writing once and for all; truly a boon for citizens living some 225 years later.
Yet, one would assume, a poll of Tea Partiers and other Strict Constructionists would be broadly supportive of this kind of nonsense and would wonder after the squeamishness of questioning it at all.

All the social and national elements of the civilized world are represented in the new land, their peculiar characteristics are to be blended together by the all-assimilating power of freedom. This is the origin of the American nationality, which did not spring from one family, one tribe, one country, but incorporates the vigorous elements of all civilized nations on earth.

Carl Schurz, German immigrant and Republican leader, speaking in 1859; he became a leading backer of the 14th Amendment. (via EJ Dionne)

… Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples. Whether that belief is based on moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate.

The arguments surrounding Proposition 8 raise a question similar to that addressed in Lawrence v. Texas, when the Court asked whether a majority of citizens could use the power of the state to enforce profound and deep convictions accepted as ethical and moral principles through the criminal code. The question here is whether California voters can enforce those same principles through regulation of marriage licenses. They cannot. California’s obligation is to treat its citizens equally, not to mandate its own moral code. Moral disapproval, without any other asserted state interest has never
been a rational basis for legislation. Tradition alone cannot support legislation.

Judge Vaughn Walker, overturning California’s Proposition 8, in Perry v. Schwarzenegger (via savingpaper)

Constitutional Conservatives

I guess the name is meant to imply they are really focused on changing the Constitution in every conceivable way. Jonathan Chait helpfully collects the most recent examples:

  1. The Flag Desecration Amendment
  2. Balanced budget amendment
  3. Supermajority to raise taxes
  4. “Parental rights” amendment – the right of parents to “raise their children as they see fit, introduced last year by Jim DeMint and Peter Hoekstra.
  5. Human life amendment, banning abortion
  6. The Federal Marriage Amendment, banning gay marriage
  7. Believing that the DC Voting Rights Act was unconstitutional, Lisa Murkowski proposed an amendment giving the District a single voting representative.
  8. Last year, Jim DeMint introduced a term limits amendment (3 terms in the House, 2 in the Senate).
  9. Senate Minority Leader Mitch McConnell (R-Ky.) told The Hill on Monday that Congress “ought to take a look at” changing the 14th Amendment, which gives the children of illegal immigrants a right to U.S. citizenship.
    McConnell’s statement signals growing support within the GOP for the controversial idea, which has also recently been touted by Senate Minority Whip Jon Kyl (R-Ariz.) and Sen. Lindsey Graham (R-S.C.).

Added to the necessary questions queue: To save us some time, which parts of the Constitution do you actually like and wish to preserve?