Why the Tea Party is wrong on the Constitution

Written by FrumForum News on Saturday September 25, 2010

The Economist writes:

The constitution is a thing of wonder, all the more miraculous for having been written when the rest of the world’s peoples were still under the boot of kings and emperors (with the magnificent exception of Britain’s constitutional monarchy, of course). But many of the tea-partiers have invented a strangely ahistorical version of it. For example, they say that the framers’ aim was to check the central government and protect the rights of the states. In fact the constitution of 1787 set out to do the opposite: to bolster the centre and weaken the power the states had briefly enjoyed under the new republic’s Articles of Confederation of 1777.


The words of men, not of gods

When history is turned into scripture and men into deities, truth is the victim. The framers were giants, visionaries and polymaths. But they were also aristocrats, creatures of their time fearful of what they considered the excessive democracy taking hold in the states in the 1780s. They did not believe that poor men, or any women, let alone slaves, should have the vote. Many of their decisions, such as giving every state two senators regardless of population, were the product not of Olympian sagacity but of grubby power-struggles and compromises—exactly the sort of backroom dealmaking, in fact, in which today’s Congress excels and which is now so much out of favour with the tea-partiers.

More to the point is that the constitution provides few answers to the hard questions thrown up by modern politics. Should gays marry? No answer there. Mr Klarman argues that the framers would not even recognise America’s modern government, with its mighty administrative branch and imperial executive. As to what they would have made of the modern welfare state, who can tell? To ask that question after the passage of two centuries, says Pietro Nivola of the Brookings Institution, is to pose an impossible thought experiment.

None of this is to say that the modern state is not bloated or over-mighty. There is assuredly a case to be made for reducing its size and ambitions and giving greater responsibilities to individuals. But this is a case that needs to be made and remade from first principles in every political generation, not just by consulting a text put on paper in a bygone age. Pace Ms Bachmann, the constitution is for all Americans and does not belong to her party alone. Nor did Jefferson write a mission statement for the tea- partiers. They are going to have to write one for themselves.

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