Headed for a Major Battle with the Tea Party Crowd over the Constitution

Despite a few victories in the lame-duck session of Congress, Democrats and progressives should be under no illusion about the new flood of know-nothingism that is about to inundate the United States in the guise of a return to “first principles” and a deep respect for the U.S. Constitution.

The same right-wingers who happily accepted George W. Bush’s shift toward a police state – his claims of limitless executive power, warrantless wiretaps, repudiation of habeas corpus, redefining cruel and unusual punishment, suppression of dissent, creation of massive databases on citizens, arbitrary no-fly lists, and endless overseas wars – have now reinvented themselves as brave protectors of American liberty.

Indeed, the Tea Party crowd so loves the Constitution that the new Republican House majority will take the apparently unprecedented step of reading the document aloud at the start of the new congressional session, presumably including the part about enslaved African-Americans being counted as three-fifths of a white person for purposes of congressional representation.

One also has to wonder if these “constitutionalists” will mumble over the preamble’s assertion that a key purpose of the Constitution is to “promote the general Welfare.” And what to do with Section Eight of Article One, which gives Congress the power to levy taxes, borrow money, regulate commerce among the states, and “establish an uniform Rule of Naturalization”?

If one were to buy into the Tea Party’s interpretation of the founding document, you’d have to denounce such concepts as “socialism” and/or “intrusions” on states’ rights.

Part of the Tea Party’s mythology is that federal taxes are an unconstitutional imposition invented by modern-day “lib-rhuls,” that the national debt is another new thing, and that regulation of commerce is outside federal authority.

Surely, there can be honest debates about what’s the best way to “promote the general Welfare,” or the wisest balance between taxation and debt, or the proper role of states in enforcing laws when there is a federal interest (as with Arizona’s anti-immigrant “present your papers” law).

But the pretense of the Tea Party is that the U.S. Constitution is definitive on these points and that the Founders favored today’s right-wing interpretation of the federal government’s powers, i.e. that taxes, debt and regulation of commerce are somehow unconstitutional.

AlterNet