While the Heritage Foundation factsheet on nullification is encouraging, it will be interesting to see how their takedown of nullification is received at the Conservative Political Action Conference today where the 10th Amendment Center is planning to screen a movie promoting the idea of nullification. This will be an ideal test for determining if conservatives will choose to adhere to the Constitution’s text and history or will instead blithely embrace the fairy tales about the Constitution being peddled by the tea party.
There are few areas of the law as deeply polarizing and emotionally heated as the application of the Constitution’s guarantee of the equal protection of the laws to all persons. What is lost – all too often – in this heated and polarized discussion is the text and history of the Constitution’s Equal Protection Clause itself, along with the full sweep of our constitutional history: the principle of equality first stated in the Declaration of Independence, perfected in the Equal Protection Clause of the Fourteenth Amendment, and further illuminated in the Nineteenth Amendment and other Amendments.
Tea partiers have a complicated relationship with the Constitution. They frequently profess their love for the document, yet they also seek to fundamentally alter it, for example by eliminating birthright citizenship and by inserting a crippling balanced budget amendment. However, one section of the document that tea partiers appear to be absolutely smitten with is the Tenth Amendment. Unfortunately, their boundless adoration for the Amendment seems to have prevented them from reading it very carefully.
This is the fourth installment of Constitutional Accountability Center’s series, ‘Strange Brew: The Constitution According to the Tea Party,’ exploring the Tea Party’s erroneous claims about the Constitution’s text and history. Click here to view previous posts from this series.
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by Elizabeth Wydra, Chief Counsel, Constitutional Accountability Center
Senator Mike Lee's "cut, cap, and balance" pledge holds the full faith and credit of the United States of America hostage to a misguided effort to dramatically change the Constitution. What Lee is not telling America is that his proposed Amendment represents a stark departure from our constitutional order.
This is the tenth installment of Constitutional Accountability Center’s new series, ‘Strange Brew: The Constitution According to the Tea Party,’ exploring the Tea Party’s erroneous claims about the Constitution’s text and history. Click here to view previous posts from this series.
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by Doug Kendall and Matthew Cagle, Constitutional Accountability Center
This is the seventh installment of Constitutional Accountability Center’s new series, ‘Strange Brew: The Constitution According to the Tea Party,’ exploring the Tea Party’s erroneous claims about the Constitution’s text and history. Click here to view previous posts from this series.
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by Elizabeth Wydra, Chief Counsel, Constitutional Accountability Center
This is the sixth installment of Constitutional Accountability Center’s new series, ‘Strange Brew: The Constitution According to the Tea Party,’ exploring the Tea Party’s erroneous claims about the Constitution’s text and history. Click here to view previous posts from this series.
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by Doug Kendall, President & Founder, Constitutional Accountability Center
This is the eighth installment of Constitutional Accountability Center’s new series, ‘Strange Brew: The Constitution According to the Tea Party,’ exploring the Tea Party’s erroneous claims about the Constitution’s text and history. Click here to view previous posts from this series. ___
by David Gans, Director of the Human Rights, Civil Rights & Citizenship Program, Constitutional Accountability Center
This is the ninth installment of Constitutional Accountability Center’s new series, ‘Strange Brew: The Constitution According to the Tea Party,’ exploring the Tea Party’s erroneous claims about the Constitution’s text and history. Click here to view previous posts from this series.
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by Elizabeth Wydra, Chief Counsel, Constitutional Accountability Center
In the current age of Tea Party nostalgia for our "original" Constitution, coupled with calls for state secession and nullification of federal laws, our nation's history in the immediate pre-civil War period is a useful reminder of the "more perfect union" we live in today. No one should "celebrate" a war that took such a horrible toll in American lives. But as the nation marks the sesquicentennial of beginning of that War, we should remember what the Civil War was all about.
From district court judges to the Senators at this week's Judiciary Committee hearing on the constitutionality of the Affordable Care Act, it seems no one can talk about health care reform without mentioning broccoli.
The decision by Senate Republicans to place freshman Senator Mike Lee (R-UT) on the Senate Judiciary Committee, breaking their own rule against two Republicans from the same state serving on the same committee (Senator Orrin Hatch (R-UT) is a long-serving member of the Committee), raises the following question: do serious conservatives really want to affiliate themselves with Mike Lee’s wacky views of the Constitution?
Bachmann's story has more shameful errors than one can recount, but the most disturbing thing about her speech is that these errors appear deliberate, in service of a whitewashed, Tea Party vision of the American founding, where the Founders could do no wrong.
This is the third installment of Constitutional Accountability Center’s new series, ‘Strange Brew: The Constitution According to the Tea Party,’ exploring the Tea Party’s erroneous claims about the Constitution’s text and history. Click here to view previous posts from this series.
____ by David Gans, Director of the Human Rights, Civil Rights & Citizenship Program, Constitutional Accountability Center