Conservatives Find New Way to Abuse the Constitution

This is a very important article by Ian Millhiser for The American Prospect. Conservatives have found a new Amendment in the Bill of Rights to glorify, making a grand total of two, as they trash the other eight. Their entire Constitutional theory now rests on the tenth Amendment.


Almost a year after she called for an investigation to discover which members of Congress are "anti-American," Minnesota's nuttiest lawmaker is back. In a recent appearance with Fox's Sean Hannity, Republican Rep. Michele Bachmann accused her colleagues of "forg[etting] what the Constitution says" because they are poised to pass comprehensive health-care reform. Not to be outdone, Sen. Jim DeMint of South Carolina told right-wing activists on a conference call last Thursday that health reform violates the 10th Amendment; he also called on state legislators and governors to "champion individual freedom" by resisting the bill. Two Florida lawmakers beat DeMint to the punch, having already introduced legislation to block health reform from taking effect in their state.

These efforts are all part of a movement whose members are convinced that the 10th Amendment of the Constitution prohibits spending programs and regulations disfavored by conservatives. Indeed, while "birther" conspiracy theorists dominate the airwaves with tales of a mystical Kenyan baby smuggled into Hawaii just days after his birth, these "tenther" constitutionalists offer a theory that is no less radical but infinitely more dangerous.

Tentherism, in a nutshell, proclaims that New Deal-era reformers led an unlawful coup against the "True Constitution," exploiting Depression-born desperation to expand the federal government's powers beyond recognition. Under the tenther constitution, Barack Obama's health-care reform is forbidden, as is Medicare, Medicaid, and Social Security. The federal minimum wage is a crime against state sovereignty; the federal ban on workplace discrimination and whites-only lunch counters is an unlawful encroachment on local businesses.

I guess the words "to pay the debts and provide for the common defense and general welfare of the United States" don't appear in their pocket Constitutions.

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