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Opinion: Tea Party loves Constitution, but would dismantle it (fmr. head speechwriter for Bubba)
Mercury News ^ | 12/20/10 | Michael Waldman

Posted on 12/20/2010 11:40:45 AM PST by NormsRevenge

These days, conservatives proudly proclaim their love for the Constitution. Yet many seem unsure whether to revere it or repeal it, plank by plank.

Such constitutional nihilism extends well beyond the drive to strike down the health care law, a jarring move by those long opposed to judicial activism. It reflects a deep discomfort with the country's growth toward a thriving, coast-to-coast democracy.

To be sure, these activists insist that they only want to show they revere our founding document. Earlier in the year, 80 groups issued the "Mount Vernon Statement."

"The federal government today ignores the limits of the Constitution, which is increasingly dismissed as obsolete and irrelevant," it said.

But as for the actual Constitution, as we have lived it for two centuries, some are itching to pull out their quill pens and start furiously crossing things out.

Some advocates want to rewrite the 14th Amendment, a landmark of the Constitution -- indeed, of human freedom.

The amendment guaranteed equal protection of the law and due process to former slaves. Under its provisions, if you were born in the United States you had the rights of a citizen. The amendment was enacted by the Radical Republicans, which meant something very different back in 1868.

Now Sens. John Kyl, R-Ariz., and Lindsey Graham, R-S.C., have suggested rewriting this core part of the national charter. Children born here are not, in fact, citizens, they argue, if their parents crossed the border illegally.

(Excerpt) Read more at mercurynews.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Politics/Elections
KEYWORDS: constitution; dismantle; teaparty
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MICHAEL WALDMAN, former head speechwriter for President Bill Clinton, is executive director of the Brennan Center for Justice at New York University School of Law and the author of "My Fellow Americans." He wrote this for Bloomberg News.
1 posted on 12/20/2010 11:40:47 AM PST by NormsRevenge
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To: NormsRevenge

More Commie shills that need jail cells, not visibility.


2 posted on 12/20/2010 11:42:08 AM PST by wac3rd (Somewhere in Hell, Ted Kennedy snickers....)
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To: NormsRevenge
It figures this guy would be one of the those responsible for Bill Cinton's trademark misdirection & sophistry.

Never try to follow the bouncing ball with guys like this. It never lands on the truth.

3 posted on 12/20/2010 11:44:49 AM PST by skeeter
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To: NormsRevenge

People on the Left have been talking about the Constitution as a “living” document for decades. What they mean is they want to rewrite the Consitution by ignoring what it says and then just make **** up to cover what they want covered (today). Tomorrow it might mean something different.


4 posted on 12/20/2010 11:44:57 AM PST by ClearCase_guy
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To: NormsRevenge

Illegal parents never had the rights to bestow upon their “citizenship by birth” children.

Kyl and Grahamnesty are dead wrong.


5 posted on 12/20/2010 11:45:13 AM PST by wac3rd (Somewhere in Hell, Ted Kennedy snickers....)
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To: NormsRevenge

No, Mike, it’s the unconstitutional parts of the federal government we’re going to dismantle.


6 posted on 12/20/2010 11:45:55 AM PST by aruanan
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To: NormsRevenge
It reflects a deep discomfort with the country's growth toward a thriving, coast-to-coast democracy.
< sigh > Democracy ? growth ?
7 posted on 12/20/2010 11:46:35 AM PST by stylin19a
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To: NormsRevenge

In short: “The want to do the things we’ve always done that they complained about- That’s how bad they are”

Libralism is a mental desease


8 posted on 12/20/2010 11:47:16 AM PST by Mr. K ('Profiling' you is worse than grabbing your balls)
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To: NormsRevenge
"Yet many seem unsure whether to revere it or repeal it, plank by plank."

How is wanting to pass Constitutional Amendments passed being against the Constitution? Unlike the left who simply want to ignore the constitution and just make sh*t up as they go along. You know, like Obamacare and forcing an unconstitutional individual mandate on citizens.
9 posted on 12/20/2010 11:56:11 AM PST by Old Teufel Hunden
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To: NormsRevenge
“MICHAEL WALDMAN, former head speechwriter for President Bill Clinton, is executive director of the Brennan Center for Justice at New York University School of Law and the author of “My Fellow Americans.” He wrote this for Bloomberg News.”

The Constitutional ignorance of this man is breathtaking.

10 posted on 12/20/2010 11:56:43 AM PST by Jacquerie (More Central Planning is not the solution to the failures of Central Planning.)
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To: wac3rd

More blah, blah, blah from the uber left. It never ends.


11 posted on 12/20/2010 12:01:05 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: NormsRevenge

The writer should really learn to read.

At a real school.

Not public, obviously.

Oh, and when and if he gets into a real university, he might try pursuing an intellectual major, not marshmallow roasting.


12 posted on 12/20/2010 12:20:37 PM PST by Da Coyote
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To: stylin19a

“It reflects a deep discomfort with the country’s growth toward a thriving, coast-to-coast democracy.”

I think this was very carefully phrased to mean just that. “democracy” is not “republican-democracy”, which was designed to be a system of balanced and orderly limited government. Instead, the “democracy” he is thinking of, is poll-driven, fickle, mob rule democracy.

“A democracy cannot exist as a permanent form of government. It can only exist until the majority discovers it can vote itself largess out of the public treasury. After that, the majority always votes for the candidate promising the most benefits with the result the democracy collapses because of the loose fiscal policy ensuing, always to be followed by a dictatorship, then a monarchy.”

In other words, true populist democracy —> socialism.


13 posted on 12/20/2010 12:21:34 PM PST by yefragetuwrabrumuy
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To: NormsRevenge

discomfort with the country's growth toward a thriving, coast-to-coast democracy

Our country was organized as a "democratic republic" ... not a "democracy". When the author does not understand the difference, 9 times out of 10 his head is filled with the wrong ideas about our Founder's intent for this nation. Truly, in public education, we have failed our children ...


14 posted on 12/20/2010 12:23:25 PM PST by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: yefragetuwrabrumuy

You beat me by two minutes!


15 posted on 12/20/2010 12:25:49 PM PST by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: Georgia Girl 2

The Left is now uniting for Global Marxism and will use Muslims as their army.


16 posted on 12/20/2010 12:27:50 PM PST by wac3rd (Somewhere in Hell, Ted Kennedy snickers....)
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To: NormsRevenge
Under its provisions, if you were born in the United States you had the rights of a citizen.

This is a bald faced lie.

17 posted on 12/20/2010 12:28:40 PM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: NormsRevenge
Somehow demanding a return to the constitution is interpreted as dismantling the constitution... as we have lived it...

Well, exactly. Thats the point. We want to return to the text. We want people to stop re-writing it without actually re-writing it. If you want to change it, then ammend it. If you can't ammend it, because you can't get enough people to go along with you, then you have to follow it.

As for the 14th ammendment, that was intended to resolve questions having to do with newly freed slaves. Any newly freed slave who was born in the US was automatically a citizen. That doesn't and shouldn't apply to people who have come here illegally a hundred and fifty years after the end of the Civil War.

If you're here illegally, and we didn't kidnap you and drag you here against your will, then the 14th ammendment shouldn't apply to you.

18 posted on 12/20/2010 12:30:13 PM PST by marron
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To: NormsRevenge
"The amendment guaranteed equal protection of the law and due process to former slaves. Under its provisions, if you were born in the United States you had the rights of a citizen. The amendment was enacted by the Radical Republicans, which meant something very different back in 1868."

"Now Sens. John Kyl, R-Ariz., and Lindsey Graham, R-S.C., have suggested rewriting this core part of the national charter. Children born here are not, in fact, citizens, they argue, if their parents crossed the border illegally."

The author has things backwards.

A "cote part" of the 14th amendment's clause relating to citizenship HAS BEEN "re-written" by judicial activism over the last century. As the author points out, and then proceeds to ignore "The amendment guaranteed equal protection of the law and due process to former slaves." It was to secure their rights that the citizenship clause was included. The original intent of the clause had nothing to do with wanting to secure citizenship rights for illegal immigrants.

Judicial activism as well as judicial inaction, NOT "the people" has re-written that understanding. It's time "we the people" informed the judiciary that the original intent of the 14th amendment must be the law; not their "living Constitution" revision of it.

19 posted on 12/20/2010 1:44:14 PM PST by Wuli
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To: NormsRevenge
One thing though, those who talked about the 14th Amendment on the right were talking about reinterpreting it such that those who cross illegally are not “subject to the jurisdiction” (because if they were they wouldn't BE here!) but dodging the jurisdiction of the USA. Others spoke of changing it via Constitutional Amendment.

Nobody was talking about just ignoring it, or dismantling it.

So some on the right have a problem with the (modern) interpretation of the 14th......

The left has a problem with the 1st (hate speech), the 2nd (the right of the people to keep and bear arms becomes the right of a State to keep and arm a militia), the electoral college (Article II), a view of the 10th that is the opposite of its intention (regulation of interstate commerce is now the regulation of all things under the Sun or Moon that may in any conceivable way influence commerce), and a view of the takings clause that allows the government to take the private property of a citizen and sell it or give it to another citizen based upon any conceivable public benefit - when the Constitution clearly says it will not be taken except for “public use”.

I could go on......

20 posted on 12/20/2010 1:52:58 PM PST by allmendream (Tea Party did not send the GOP to D.C. to negotiate the terms of our surrender to socialism.)
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