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New Right's War on the Constitution: The Under-Reported Truth
The following is a reworked, lengthened, and more comprehensive stand-alone version of an article that I posted last year. Traditional, old-style Republicans need to read this and see how vastly the party had changed and how classical conservative principles have been completely abandoned. The most dangerous element of the far-right drive to tear down America's protective wall of separation between church and state is the relentless drive to neuter the Constitution of the United States -- and by so doing, deprive Americans of the basic human and Constitutional rights that most of us have grown up to take for granted. The agenda is simple to understand:
Shamefully -- indeed negligently -- the major news media have given almost zero attention to this anti-Constitutional agenda. What little has been reported has mainly mentioned the fact that Democrats were filibustering or otherwise opposing some of President Bush's nominees for the federal judiciary -- and nearly all of this reporting has portrayed Senate Democrats in a negative light. Precious little attention has been given to exploring why Senate Democrats have sometimes resorted to that drastic tactic. While the political Left has expended vast energy and blog space reporting the scandal surrounding the unconventional firings of federal prosecutors by Attorney General Alberto Gonzales, they have all but completely overlooked the fact that Gonzales' alleged politicization of the Justice Department is in fact just one small symptom of the extreme Right's larger agenda of poisoning the judiciary -- a key component of their war on the Constitution. The extreme Right is waging this war on the Constitution on many fronts at once. The first front of this war has received almost zero publicity from the (nonexistent) "liberal media." Only the political fire fights that it has created have been reported: the media's constant depiction of Senate Democrats as "obstructionists" to Bush's nominees to the federal courts. The Bush Administration, and that one third of Republicans who sent him to Washington to destroy our Constitutional freedoms, want to see him appoint judges like Antonin Scalia and Robert Bork to the federal courts. They want Bush to use these men as role models because their contempt for our Constitutional rights is total: Depending on the context and on the person, the views they want sent to the federal bench range from recognizing very, very few Constitutional rights, to recognizing no Constitutional rights at all. Making a lie of his oath of office -- to protect and defend the Constitution -- Bush has done his valiant best to fulfill quite an opposite mission, appointing corrupt, Constitutionally blind judges who will look the other way when the most basic of human rights are being stomped on. And when Senate Democrats succeeded in blocking his most dangerous nominees, he has tried every trick in the book to appoint them anyway, whether through recess appointments or by just renominating and renominating the same candidates. This is deliberate. Antonin Scalia has written, in the legally significant body of Supreme Court rulings, that:
Robert Bork and/or others in the far right judicial mold, have opined that:
The Center for Arizona Policy, a Religious Right group affiliated with Focus on the Family, has said as much: "When Congress makes laws we do not like, we can remove the "Conservatives, however, do not value liberty which permits The first excerpt is saying that judges should never overturn laws enacted by a legislature, whether it violates your Constitutional rights or not. The second excerpt is saying that "community values" take priority over your Constitutional rights, If your "community values" conflict with your Constitutional rights, the community values win -- and the Constitution loses. Former Congressman and House Majority Leader Tom DeLay (R-TX), in an interview reported in the Washington Times (article no longer available online), has flatly said the following: "Not zealous. I blame Congress over the last 50 to 100 years "Judicial review" refers to the role of the federal courts in overturning unconstitutional laws. Tom DeLay is joining many others on the extreme Right in saying that the federal courts should have no power to enforce the Constitution and protect your individual rights. There you have it, in their own words. The second front in this war on the Constitution is to cripple the courts' authority to protect our Constitutional rights. Far right groups have directly advocated stripping the federal courts of their power to uphold the Bill of Rights against state and local governments. The Conservative Caucus, whose views are well represented among Bush's advisors and in the GOP leadership, asks in a candidate questionnaire: "20. As a member of Congress, would you vote to terminate the jurisdiction of the Federal judiciary with respect to appeals relating to alleged violations of the Bill of Rights by state and local government?" You can't get any plainer than that. Toward this end, the far right wing in Congress has worked diligently. In the infuriatingly falsely titled "Constitution Restoration Act," the right wing of Congress attempted to strip the courts of any power to hear cases that would impinge upon the "Federal, State, or local government, or against an officer or agent of Federal, State, or local government (whether or not acting in official or personal capacity), concerning that entity's, officer's, or agent's acknowledgment of God as the sovereign source of law, liberty, or government." You can't get any plainer than that. They tried to strip the courts of their power to prevent an illegal theocracy in the United States. This is a direct attempt to remove our access to the redress of grievances, a right guaranteed by the First Amendment. And on September 19, 2006, the House of Representatives passed H.R. 2679 which, according to the Washington Post, provides that "attorneys who successfully challenge government actions as violating the Establishment Clause of the First Amendment shall not be entitled to recover attorneys fees. The bill has only one purpose: to prevent suits challenging unconstitutional government actions advancing religion." This war on our Constitution is no accident. Our "Republican" leaders, including our President, who have sworn to uphold our Constitution, are instead mounting a sustained, unrelenting campaign to destroy that same document. By anyone's definition, this is treason -- not just by the current administration, but by the bigger part of an entire political party's leadership. This is how total, comprehensive, and overarching is their campaign to destroy the Constitution and the rights it affords. .
19 comments from 11 users
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posted by
Hardliner4freedom
on Jun 23, 2007 at 08:05 AM
While Democrats talk about little else than the Iraq War and torture, the possible total elimination of our Constitutional protections takes place right under their noses.
posted by
TomW
on Jun 23, 2007 at 08:17 AM
posted by
dusty1215
on Jun 23, 2007 at 08:47 AM
posted by
Hardliner4freedom
on Jun 23, 2007 at 08:54 AM
Well, they certainly merged -- when you read PNAC's Statement of Principles, look at how many theocrats there are. As for Tom's comment, the media had their chance when Senate filibusters were a common occurrence -- yet none of the media told the whole truth as above. If I can document it convincingly from my armchair -- using their own words -- surely the media can, too. posted by
TomW
on Jun 23, 2007 at 09:03 AM
posted by
adampayne
on Jun 23, 2007 at 09:07 AM
posted by
Hardliner4freedom
on Jun 23, 2007 at 09:09 AM
posted by
mattloch
on Jun 23, 2007 at 09:23 AM
Just once I'd like for the Democratic candidate next year to call one (or both) of them "activist" in one of the debates, just to watch the Republican candidate try to explain that away..... I'd also like to see how Cheney would defend his "I'm not part of the Executive Branch, and nobody has oversight over me" as a "strict constructionist" argument. Even the WH press sec. is having problems defending his actions. posted by
Hardliner4freedom
on Jun 23, 2007 at 09:45 AM
It's amazing how they can lie and the media fall flat for it. There's nothing strict constructionist about them. There's no modifying clause to "equal protection under the law" that reads "unless you never had it in the first place" -- yet Scalia consistently adds it in his rulings. There's no modifying clause to "freedom of speech, or of the press" that reads "unless your government deems it immoral" -- yet Scalia routinely supplies that one, too. There are no modifying clauses to the rest of the Bill of Rights that reads "except through majority popular vote" -- yet far-right judges say this all the time. There is no clause in Article 3 that says "except acts of Congress or state or local legislatures" -- yet far-right judges such as Scalia claim this is the case.
posted by
anonymous
on Jun 23, 2007 at 02:09 PM
One way to turn a neo-con into a strict constitutionalist - tell him: "Think about all the added powers that have been given to the President since 2000. Now skip ahead two years and think of Hilary exercising those powers." Guaranteed to make him or her flinch.
posted by
Charlie
on Jun 23, 2007 at 06:21 PM
Is the second amendment still part of the constitution or has the far LW managed to completely destroy it ? When it comes to destroying the constitution both sides have done their fair share.
posted by
randomfactor
on Jun 23, 2007 at 06:55 PM
It's still there, Charlie. Honestly, after six years of Shrub I'm appreciating it more and more. In fact, I cracked up the other day on encountering the phrase "I'm a gun-carrying member of the ACLU."
posted by
Hardliner4freedom
on Jun 23, 2007 at 10:10 PM
posted by
possummomma
on Jun 24, 2007 at 12:49 AM
posted by
anonymous
on Jun 24, 2007 at 11:01 AM
H4F, That the left is the biggest threat to the second amendment is a hasty generalization. The implication is that everyone on the left is trying to attack it. I consider myself on the "left" but support the second amendment. I like RF's comment and for me it is true; I am a gun carrying memeber of the ACLU." posted by
Hardliner4freedom
on Jun 24, 2007 at 11:36 AM
posted by
Shsrebel10
on Jun 24, 2007 at 04:12 PM
There aren't to many people on the far left wing that have much power in this country, unless you go to San Francisco. The Democrats, like the Republicans, have had to move closer to the center in recent years, which I think will prevent any radicals from the People's Republic of San Francisco from doing any harm to the second amendment. At the same time, the Fascist Confederate States of America (the South) won't be able to rip the other 20 amendments of the constitution apart either. posted by
TomW
on Jun 24, 2007 at 04:20 PM
The people on the *far* left have no voice in this country compared to those on the right. posted by
mattloch
on Jun 25, 2007 at 10:13 AM
As much as a "gun carrying member of the ACLU" sounds good, I don't think it's arrived at that point yet. Now if the Dems lost last November, I'd be right there. If they lose next year, I may still go there. But I see enough of a shift back to the "left" that we may have avoided that particular sticky wicket for the time being.
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