America Does Not Have a Religious Identity

The Constitution of Religious Freedom: God, Politics, and the First Amendment by Dennis J. Goldford, Baylor University Press , 2013 – Dennis J. Goldford is professor of politics at Drake University.

What inspired you to write The Constitution of Religious Freedom?

At a practical level, I have been fascinated by the rise of Christian conservatism, and particularly the claim of what some call Christian nationalism, that America is a Christian nation, as a major factor in American politics. At a theoretical level, I have always thought that, at its broadest, politics is the process by which we negotiate our differences. In particular, liberal democracy—a political order in which majorities rule but not over everything—is an institutionalized agreement to disagree. My concern is the question: what happens, and what do we do, if there are some things about which we cannot agree to disagree? Prominent on that list is religion.

What’s the most important take-home message for readers?

The central argument of the book is that the Constitution does not protect religion—it protects religious freedom. The latter is very different from the former, and understanding the distinction enables us to understand the political meaning of the religion clauses of the Constitution. Specifically, I argue that the meaning of the religion clauses is that the locus of religious identity is the individual, not the nation; that the American political order does not have a religious identity of its own, but, rather, is a political order that allows and encourages individuals and groups of their choosing to have their own religious identity without having one of its own.

Is there anything you had to leave out?

There is nothing I had to leave out. Baylor University Press was nothing but supportive of my scholarship. My goal was to explore what I think is problematic about the conventional discussion of the religion clauses of the Constitution: debates about “separation of church and state” or “neutrality” have come to obscure more than they reveal. The central question underlying an understanding of the political meaning of the religion clauses, as noted above, is whether the locus of religious identity is the individual or the nation. This is what the literature seems to miss.

What are some of the biggest misconceptions about your topic?

When I ask an audience of students or others whether America is a Christian nation, they usually reply by saying either that the Founders were themselves Christian or that the Founders intended that the nation be Christian. My argument is that the question here is not an historical one, but a theoretical one, the one noted in point 2 above.

Did you have a specific audience in mind when writing?

While a major purpose of the book is to make a significant contribution to an ongoing scholarly literature, I always strive to write for what I call the intelligent but uninformed reader who has no prior knowledge of the subject matter. That pushes me to be as clear, careful, and precise as possible in laying out the argument I am trying to make. We always have a reader or an audience in mind when we write, and thinking in terms of the intelligent but uninformed reader instead of the specialist forces me to avoid the hidden and uncontested assumptions that can weaken even the best scholarly work. Nevertheless, I did write The Constitution of Religious Freedom to make a scholarly argument for a scholarly audience and thus did include a substantial footnote apparatus.

Are you hoping to just inform readers? Entertain them? Piss them off?

As my response to the next question indicates, I am certainly trying to provoke readers, but to do so in the sense of challenging their unexamined assumptions and encouraging them either to agree with me or to push me to reformulate my argument to address significant objections to it. At the same time, I am indeed attempting to advance a meaningful, scholarly argument about what having our Constitution means to the politics of religious freedom.

What alternative title would you give the book?

My original title was deliberately provocative: One Nation under Whose God? Law, Politics, and Religion in America. The experienced people at Baylor University Press said, however, that this title might suggest the mistaken perception that the book was more of a sociological work than the theoretical work it actually is. Deferring to their expertise, I chose the main title, The Constitution of Religious Freedom, with the deliberate double meaning of 1) the Constitution as a charter of religious freedom, and 2) the act of constituting religious freedom, and Baylor came up with the clever subtitle, God, Politics, and the First Amendment. I was able to give my concluding chapter the title, “One Nation under Whose God?”

How do you feel about the cover?

I’m actually quite happy with it. Beyond being aesthetically attractive, it makes a substantive point by nesting the title, my subject matter, in the text of the Constitution.

Is there a book out there you wish you had written? Which one? Why?

That’s an interesting and difficult question. At the risk of giving an erroneous impression, I might say that I wrote the books I’ve written for a very selfish reason—in each case there was an issue or topic that I wanted to clarify for myself and find out what I really thought about it. In that sense, to borrow the old saying, I write to find out what I think. I enjoy the way an argument seems to take on a life of its own, such that the process of exploring one idea leads me to discover views or positions I didn’t know beforehand that I had. That said, I have always taught in teaching-intensive academic settings, and I regret never having had the chance to turn my dissertation on Hegel’s Phenomenology of Spirit into a book and to make my definitive statement on the Hegel-Marx relationship. My scholarly interests simply changed along the way.

What’s your next book?

I have been interested in the constitutional claims of the Tea Party movement, whose supporters always express reverence for the Constitution and who claim to be “constitutional conservatives.” My early explorations have led me to believe that Tea Party constitutionalism, for all its reverence for the Constitution, is actually the preferred constitutional theory of the Anti-Federalist opponents of the Constitution rather than the Federalist supporters. I am still in the process of deciding how I want and need to pursue this argument.

http://www.religiondispatches.org/books/rd10q/7108/america_does_not_have_a_religious_identity

The Long, Sordid History of the American Right and Racism

By Robert Parry, Consortium News May 20, 2013  

Excerpt

Racism has been a consistent thread weaving through the American Right from the early days when Anti-Federalists battled against the U.S. Constitution to the present when hysterical Tea Partiers denounce the first African-American president. Other factors have come and gone for the Right, but racism has always been there…

Though definitions of Right and Left are never precise, the Left has generally been defined, in the American context, by government actions – mostly the federal government responding to popular movements and representing the collective will of the American people – seeking to improve the lot of common citizens and to reduce social injustice.

The Right has been defined by opposition to such government activism. Since the Founding, the Right has decried government interference with the “free market” and intrusion upon “traditions,” like slavery and segregation, as “tyranny” or “socialism.”

This argument goes back to 1787 and opposition to the Constitution’s centralizing of government power in the hands of federal authorities…

… the Second Amendment was devised to give individual Americans the right to own and carry any weapon of their choice…it was primarily a concession to the states… a Southern state’s ability to maintain slavery by force and defend against slave uprisings… the concerns were not entirely over rebellious slaves, but also over rebellious poor whites…

Though the concentration of power in Washington D.C. gave rise to legitimate questions about authoritarianism, the federal government also became the guiding hand for the nation’s economic development and for elimination of gross regional injustices such as slavery. Federal action in defense of national principles regarding justice eventually helped define the American Left…

After World War II – with the United States now a world superpower – the continued existence of institutionalized racism became an embarrassment undermining America’s claim to be a beacon of human freedom. Finally, spurred on by Martin Luther King Jr. and other civil rights activists, the federal government finally moved against the South’s practice of segregation. That reignited the long-simmering conflict between federal power and states’ rights…Though the federal government prevailed in outlawing racial segregation, the Right’s anger over this intrusion upon Southern traditions fueled a powerful new movement of right-wing politicians. Since the Democratic Party led the fight against segregation in the 1960s, Southern whites rallied to the Republican Party as their vehicle of political resistance.

Opportunistic politicians, such as Richard Nixon and Ronald Reagan, deftly exploited the white backlash and turned much of the Dixie-crat South into solid Republican Red. This resurgence of white racial resentments also merged with a reassertion of “libertarian” economics as memories of the Great Depression faded. In essence, the late Nineteenth Century alliance between segregationist whites in the South and laissez-faire businessmen in the North was being reestablished.

This right-wing collaboration reached a new level of intensity in 2008 after the election of the first African-American president whose victory reflected the emergence of a multi-racial electorate threatening to end the historic white political domination of the United States. With the election also coming amid a Wall Street financial collapse – after years of reduced government regulation — Barack Obama’s arrival also portended a renewal of federal government activism. Thus, the age-old battle was rejoined…However, the historical narrative that the Right constructed around the nation’s Founding was not the one that actually happened… in the Right’s revisionist version, the Articles of Confederation are forgotten and the Framers were simply out to create a governing system with strong states’ rights and a weak federal government. That fabrication played well with an uneducated right-wing base that could then envision itself using its Second Amendment rights to fight for the Framers’ vision of “liberty.”

As this right-wing narrative now plays out, Barack Obama is not only a black Muslim “socialist” oppressing liberty-loving white Christian Americans but he is a “tyrant” despoiling the beautiful, nearly divine, God-inspired Constitution that the Framers bestowed upon the nation — including, apparently, those wonderful provisions protecting slavery.

Full text

Racism has been a consistent thread weaving through the American Right from the early days when Anti-Federalists battled against the U.S. Constitution to the present when hysterical Tea Partiers denounce the first African-American president. Other factors have come and gone for the Right, but racism has always been there.

Though definitions of Right and Left are never precise, the Left has generally been defined, in the American context, by government actions – mostly the federal government responding to popular movements and representing the collective will of the American people – seeking to improve the lot of common citizens and to reduce social injustice.

The Right has been defined by opposition to such government activism. Since the Founding, the Right has decried government interference with the “free market” and intrusion upon “traditions,” like slavery and segregation, as “tyranny” or “socialism.”

This argument goes back to 1787 and opposition to the Constitution’s centralizing of government power in the hands of federal authorities. In Virginia, for instance, the Anti-Federalists feared that a strong federal government eventually would outlaw slavery in the Southern states.

Ironically, this argument was raised by two of the most famous voices for “liberty,” Patrick Henry and George Mason. Those two Virginians spearheaded the Anti-Federalist cause at the state’s ratifying convention in June 1788, urging rejection of the Constitution because, they argued, it would lead to slavery’s demise.

The irony of Henry and Mason scaring fellow Virginians about the Constitution’s threat to slavery is that the two men have gone down in popular U.S. history as great espousers of freedom. Before the Revolution, Henry was quoted as declaring, “Give me liberty or give me death!” Mason is hailed as a leading force behind the Bill of Rights. However, their notion of “liberty” and “rights” was always selective. Henry and Mason worried about protecting the “freedom” of plantation owners to possess other human beings as property.

At Virginia’s Ratification Convention, Henry and Mason raised other arguments against the proposed Constitution, such as concerns that Virginia’s preeminence might not be as great as under the weak Articles of Confederation and that population gains in the North might erode Virginia’s economic welfare.

But the pair’s most potent argument was the danger they foresaw regarding the abolition of slavery. As historians Andrew Burstein and Nancy Isenberg wrote in their 2010 book, Madison and Jefferson, the hot button for Henry and Mason was that “slavery, the source of Virginia’s tremendous wealth, lay politically unprotected.”

The Slavery Card

At the center of this fear was the state’s loss of ultimate control over its militia which could be “federalized” by the President as the nation’s commander in chief under the new Constitution.

“Mason repeated what he had said during the Constitutional Convention: that the new government failed to provide for ‘domestic safety’ if there was no explicit protection for Virginians’ slave property,” Burstein and Isenberg wrote. “Henry called up the by-now-ingrained fear of slave insurrections – the direct result, he believed, of Virginia’s loss of authority over its own militia.”

Henry floated conspiracy theories about possible subterfuges that the federal government might employ to deny Virginians and other Southerners the “liberty” to own African-Americans. Describing this fear-mongering, Burstein and Isenberg wrote:

“Congress, if it wished, could draft every slave into the military and liberate them at the end of their service. If troop quotas were determined by population, and Virginia had over 200,000 slaves, Congress might say: ‘Every black man must fight.’ For that matter, a northern-controlled Congress might tax slavery out of existence.

“Mason and Henry both ignored the fact that the Constitution protected slavery on the strength of the three-fifths clause, the fugitive slave clause, and the slave trade clause. Their rationale was that none of this mattered if the North should have its way.”

At Philadelphia in 1787, the drafters of the Constitution had already capitulated to the South’s insistence on its brutal institution of human enslavement. That surrender became the line of defense that James Madison, a principal architect of the new governing structure, cited in his response to Mason and Henry.

Burstein and Isenberg wrote, “Madison rose to reject their conspiratorial view. He argued that the central government had no power to order emancipation, and that Congress would never ‘alienate the affections five-thirteenths of the Union’ by stripping southerners of their property. ‘Such an idea never entered into any American breast,’ he said indignantly, ‘nor do I believe it ever will.’

“Madison was doing his best to make Henry and Mason sound like fear-mongers. Yet Mason struck a chord in his insistence that northerners could never understand slavery; and Henry roused the crowd with his refusal to trust ‘any man on earth’ with his rights. Virginians were hearing that their sovereignty was in jeopardy.”

Despite the success of Mason and Henry to play on the fears of plantation owners, the broader arguments stressing the advantages of Union carried the day, albeit narrowly. Virginia ultimately approved ratification by 89 to 79. However, the South’s obsession over perceived threats to its institution of slavery remained a central factor in the early decades of the Republic.

Arming Whites

Though today’s Right pretends that the Second Amendment was devised to give individual Americans the right to own and carry any weapon of their choice – so they can shoot policemen, soldiers and other government representatives in the cause of anti-government “liberty” – it was primarily a concession to the states and especially to the South’s fears that were expressed at the Virginia convention.

Approved by the First Congress as part of the “Bill of Rights,” the Second Amendment explained its purpose as the need to maintain “the security of a free State,” an echo of Mason’s concerns about “domestic safety,” i.e. a Southern state’s ability to maintain slavery by force and defend against slave uprisings.

As the amendment emerged from various committee rewrites, it stated: “A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” But that right, of course, did not extend to all people, not to people of color.

The Second Congress put substance to the structure of state militias by passing the Militia Acts, which specifically mandated that “white men” of military age obtain muskets and other supplies for participation in state militias. At the time, the concerns were not entirely over rebellious slaves, but also over rebellious poor whites.

Part of the backdrop of the Constitutional Convention in 1787 had been Shays’ Rebellion in western Massachusetts in 1786-1787, an uprising of white farmers led by a former Continental Army officer, Daniel Shays. After ratification of the Constitution, the first significant use of federalized militias was in 1794 to crush an anti-tax revolt in western Pennsylvania led by poor whites known as the Whiskey Rebellion.

That uprising was treated as an act of treason as defined by the U.S. Constitution, although President Washington used his pardon power to spare rebel leaders from execution by hanging. Similar mercy was not shown when Southern states confronted actual or suspected slave revolts. In 1800, Virginia Gov. James Monroe called out the militia to stop an incipient slave uprising known as Gabriel’s Rebellion. Twenty-six alleged conspirators were hanged.

Jeffersonian Influences

Of course, slavery and racism were not the only defining characteristics of the Right during the country’s early years, as economic interests diverged and political rivalries surfaced. James Madison, for instance, had been a key protégé of George Washington and an ally of Alexander Hamilton during the fight for the Constitution.

Madison had even advocated for a greater concentration of power in the federal government, including giving Congress the explicit power to veto state laws. However, after the Constitution was in place, Madison began siding with his Virginian neighbor (and fellow slave-owner) Thomas Jefferson in political opposition to the Federalists.

In the first years of the constitutional Republic, the Federalists, led by President Washington and Treasury Secretary Hamilton, pushed the limits of federal power, particularly with Hamilton’s idea of a national bank which was seen as favoring the financial interests of the North to the detriment of the more agrarian South.

The Jeffersonians, coalescing around Jefferson and Madison, fiercely opposed Hamilton’s national economic planning though the differences often seemed to be driven by personal animosities and regional rivalries as much as by any grand ideological vision regarding government authority. The Jeffersonians, for instance, were sympathetic to the bloody French Revolution, which made a mockery of the rule of law and the restraint of government power.

Nevertheless, history has generally been kind to Jefferson’s enthusiasm for a more agrarian America and his supposed commitment to the common man. But what is left out of this praise for “Jeffersonian democracy” is that Jefferson’s use of the word “farmers” was often a euphemism for his actual political base, the slave-owning plantation aristocrats of the South.

At his core, despite his intellectual brilliance, Jefferson was just another Southern hypocrite. He wrote that “all men are created equal” (in the Declaration of Independence) but he engaged in pseudo-science to portray African-Americans as inferior to whites (as he did in his Notes on the State of Virginia).

His racism rationalized his own economic and personal reliance on slavery. While desperately afraid of slave rebellions, he is alleged to have taken a young slave girl, Sally Hemings, as a mistress.

Jefferson’s hypocrisy also surfaced in his attitudes toward a slave revolt in the French colony of St. Domingue, where African slaves took seriously the Jacobins’ cry of “liberty, equality and fraternity.” After their demands for freedom were rebuffed and the brutal French plantation system continued, violent slave uprisings followed. Hundreds of white plantation owners were slain as the rebels overran the colony. A self-educated slave named Toussaint L’Ouverture emerged as the revolution’s leader, demonstrating skills on the battlefield and in the complexities of politics.

The ‘Black Jacobins’

Despite the atrocities committed by both sides of the conflict, the rebels – known as the “Black Jacobins” – gained the sympathy of the American Federalists. L’Ouverture negotiated friendly relations with the Federalist administration under President John Adams, and Alexander Hamilton, a native of the Caribbean himself, helped L’Ouverture draft a constitution.

But events in Paris and Washington soon conspired to undo the promise of Haiti’s emancipation from slavery. Despite the Federalist sympathies, many American slave-owners, including Jefferson, looked nervously at the slave rebellion in St. Domingue. Jefferson feared that slave uprisings might spread northward. “If something is not done, and soon done,” Jefferson wrote in 1797, “we shall be the murderers of our own children.”

Meanwhile, across the Atlantic, the chaos and excesses of the French Revolution led to the ascendance of Napoleon Bonaparte, a brilliant and vain military commander possessed of legendary ambition. As he expanded his power across Europe, Napoleon also dreamed of rebuilding a French empire in the Americas.

In 1801, Jefferson became the third President of the United States – and his interests at least temporarily aligned with Napoleon’s. The French dictator wanted to restore French control of St. Domingue and Jefferson wanted to see the slave rebellion crushed. President Jefferson and Secretary of State Madison collaborated with Napoleon through secret diplomatic channels. Napoleon asked Jefferson if the United States would help a French army traveling by sea to St. Domingue. Jefferson replied that “nothing will be easier than to furnish your army and fleet with everything and reduce Toussaint [L’Ouverture] to starvation.”

But Napoleon had a secret second phase of his plan that he didn’t share with Jefferson. Once the French army had subdued L’Ouverture and his rebel force, Napoleon intended to advance to the North American mainland, basing a new French empire in New Orleans and settling the vast territory west of the Mississippi River.

Stopping Napoleon

In 1802, the French expeditionary force achieved initial success against the slave army, driving L’Ouverture’s forces back into the mountains. But, as they retreated, the ex-slaves torched the cities and the plantations, destroying the colony’s once-thriving economic infrastructure. L’Ouverture, hoping to bring the war to an end, accepted Napoleon’s promise of a negotiated settlement that would ban future slavery in the country. As part of the agreement, L’Ouverture turned himself in.

But Napoleon broke his word. Jealous and contemptuous of L’Ouverture, who was regarded by some admirers as a general with skills rivaling Napoleon’s, the French dictator had L’Ouverture shipped in chains back to Europe where he was mistreated and died in prison.

Infuriated by the betrayal, L’Ouverture’s young generals resumed the war with a vengeance. In the months that followed, the French army – already decimated by disease – was overwhelmed by a fierce enemy fighting in familiar terrain and determined not to be put back into slavery. Napoleon sent a second French army, but it too was destroyed. Though the famed general had conquered much of Europe, he lost 24,000 men, including some of his best troops, in St. Domingue before abandoning his campaign. The death toll among the ex-slaves was much higher, but they had prevailed, albeit over a devastated land.

By 1803, a frustrated Napoleon – denied his foothold in the New World – agreed to sell New Orleans and the Louisiana territories to Jefferson, a negotiation handled by Madison that ironically required just the sort of expansive interpretation of federal powers that the Jeffersonians ordinarily disdained. However, a greater irony was that the Louisiana Purchase, which opened the heart of the present United States to American settlement and is regarded as possibly Jefferson’s greatest achievement as president, had been made possible despite Jefferson’s misguided – and racist – collaboration with Napoleon.

“By their long and bitter struggle for independence, St. Domingue’s blacks were instrumental in allowing the United States to more than double the size of its territory,” wrote Stanford University professor John Chester Miller in his book, The Wolf by the Ears: Thomas Jefferson and Slavery. But, Miller observed, “the decisive contribution made by the black freedom fighters … went almost unnoticed by the Jeffersonian administration.”

Consequences of Racism

Without L’Ouverture’s leadership, the island nation fell into a downward spiral. In 1804, Jean-Jacques Dessalines, the radical slave leader who had replaced L’Ouverture, formally declared the nation’s independence and returned it to its original Indian name, Haiti. A year later, apparently fearing a return of the French, Dessalines ordered the massacre of the remaining French whites on the island. Jefferson reacted to the bloodshed by imposing a stiff economic embargo on Haiti. In 1806, Dessalines himself was brutally assassinated, touching off a cycle of political violence that would haunt Haiti for the next two centuries.

Even in his final years, Jefferson remained obsessed with Haiti and its link to the issue of American slavery. In the 1820s, the former president proposed a scheme for taking away the children born to black slaves in the United States and shipping them to Haiti. In that way, Jefferson posited that both slavery and America’s black population could be phased out. Eventually, in Jefferson’s view, Haiti would be all black and the United States white.

While the racism of Jefferson and many of his followers may be undeniable, it is not so easy to distinguish between Right and Left in those early years of the American Republic. Though Hamilton was more open-minded toward freedom for black slaves, there were elements of his government intervention on behalf of the fledgling financial sector that might today be regarded as “pro-business” or elitist as there were parts of Jefferson’s attitude toward greater populism that might be seen as more “democratic.”

Stumbling toward War

Yet, as the first generation of American leaders passed away and the nation expanded westward, the issue of slavery remained a threat to America’s unity. The South’s aggressive defense of its lucrative institution of slavery opened violent rifts between pro-slave and pro-free settlers in territories to the west.

The modern distinctions between America’s Right and Left also became more pronounced, defined increasingly by race. The North, building a manufacturing economy and influenced by the emancipationist movement, turned increasingly against slavery, while the South, with a more agrarian economy and much of its capital invested in slaves, could see no future without the continuation of slavery.

Politically, those distinctions played out not unlike what Anti-Federalists George Mason and Patrick Henry had predicted at Virginia’s ratification convention in 1788. The North gradually gained dominance in wealth and population and the South’s barbaric practice of slavery emerged as a hindrance to America’s growing reputation in the world.

So, a key divide of U.S. politics between Right and Left became the differences over issues of slavery and race. The racist aspects of the Anti-Federalists and the “Jeffersonian democrats” became a defining feature of the American Right as captured in the argument for “states’ rights,” i.e., the rights of the Southern states either to nullify federal laws or to secede from the Union.

Though the concentration of power in Washington D.C. gave rise to legitimate questions about authoritarianism, the federal government also became the guiding hand for the nation’s economic development and for elimination of gross regional injustices such as slavery. Federal action in defense of national principles regarding justice eventually helped define the American Left.

But the slave-owning South would not go down without a fight. After the election of Republican Abraham Lincoln in 1860, 11 Southern states seceded from the Union and established the Confederate States of America with the goal of perpetuating slavery forever. It took four years of war to force the Southern states back into the Union and finally bring slavery to an end.

However, the Southern aristocracy soon reclaimed control of the region’s political structure and instituted nearly a century more of racial oppression against blacks. During this Jim Crow era, racism – and the cruel enforcement of racial segregation – remained central elements of the American Right.

An Anti-Government Coalition

In the latter half of the Nineteenth Century and the early Twentieth Century, other political and economic factors bolstered the Right, particularly a class of Northern industrialists and financiers known as the Robber Barons. Their insistence on laissez-faire economics in the North – and their opposition to reformers such as Theodore Roosevelt – dovetailed with anti-federal attitudes among the South’s white aristocracy.

That coalition, however, was shattered by a string of Wall Street panics and other economic catastrophes culminating in the Great Depression. With millions of Americans out of work and many facing starvation, Franklin Roosevelt’s administration initiated the New Deal which put people back to work building national infrastructure and imposing government regulations on the freewheeling ways of Wall Street.

Under Roosevelt, laws were changed to respect the rights of labor unions and social movements arose demanding greater civil rights for blacks and women. The Left gained unprecedented ascendance. However, the old alliance of rich Northern industrialists and Southern segregationists saw dangers in this new assertion of federal power. The business barons saw signs of “socialism” and the white supremacists feared “race-mixing.”

After World War II – with the United States now a world superpower – the continued existence of institutionalized racism became an embarrassment undermining America’s claim to be a beacon of human freedom. Finally, spurred on by Martin Luther King Jr. and other civil rights activists, the federal government finally moved against the South’s practice of segregation. That reignited the long-simmering conflict between federal power and states’ rights.

Though the federal government prevailed in outlawing racial segregation, the Right’s anger over this intrusion upon Southern traditions fueled a powerful new movement of right-wing politicians. Since the Democratic Party led the fight against segregation in the 1960s, Southern whites rallied to the Republican Party as their vehicle of political resistance.

Opportunistic politicians, such as Richard Nixon and Ronald Reagan, deftly exploited the white backlash and turned much of the Dixie-crat South into solid Republican Red. This resurgence of white racial resentments also merged with a reassertion of “libertarian” economics as memories of the Great Depression faded. In essence, the late Nineteenth Century alliance between segregationist whites in the South and laissez-faire businessmen in the North was being reestablished.

This right-wing collaboration reached a new level of intensity in 2008 after the election of the first African-American president whose victory reflected the emergence of a multi-racial electorate threatening to end the historic white political domination of the United States. With the election also coming amid a Wall Street financial collapse – after years of reduced government regulation — Barack Obama’s arrival also portended a renewal of federal government activism. Thus, the age-old battle was rejoined.

Yet, given the cultural tenor of the time, the Right found it difficult to engage in overt racial slurs against Obama, nor could it openly seek to deny voting rights to black and brown people. New code words were needed. So Obama’s legitimacy as an American was questioned with spurious claims that he had been born in Kenya, and Republicans demanded tighter ballot security to prevent “voter fraud.”

Today’s Right also recognized that it could not simply emphasize its Confederate heritage. A more politically correct re-branding was needed. So, the Right shifted its imagery from the “Stars and Bars” battle flag of the Confederacy to the “Don’t Tread on Me” flag of the American Revolution. That way, Americans who don’t overtly see themselves as racist could be drawn into the movement. [See Consortiumnews.com’s “The Right’s Re-Branding: 1860 to 1776 [3].”]

However, the historical narrative that the Right constructed around the nation’s Founding was not the one that actually happened. In seeking to present themselves as the true defenders of the Constitution, the Right had to air-brush out the failed experiment with the Articles of Confederation, which had made the states “sovereign” and “independent” with the central government just a “league of friendship.”

The Constitution represented the nation’s greatest transfer of power into federal hands in U.S. history, as engineered by Washington, Madison and Hamilton. Indeed, Madison favored even greater dominance by the central government over the states than he ultimately got in the Constitution.

However, in the Right’s revisionist version, the Articles of Confederation are forgotten and the Framers were simply out to create a governing system with strong states’ rights and a weak federal government. That fabrication played well with an uneducated right-wing base that could then envision itself using its Second Amendment rights to fight for the Framers’ vision of “liberty.”

As this right-wing narrative now plays out, Barack Obama is not only a black Muslim “socialist” oppressing liberty-loving white Christian Americans but he is a “tyrant” despoiling the beautiful, nearly divine, God-inspired Constitution that the Framers bestowed upon the nation — including, apparently, those wonderful provisions protecting slavery.


Source URL: http://www.alternet.org/civil-liberties/long-sordid-history-american-right-and-racism

Links:
[1] http://www.consortiumnews.com
[2] http://www.alternet.org/authors/robert-parry
[3] http://consortiumnews.com/2013/05/07/the-rights-re-branding-1860-to-1776/
[4] http://www.alternet.org/tags/race
[5] http://www.alternet.org/tags/right
[6] http://www.alternet.org/tags/america
[7] http://www.alternet.org/%2Bnew_src%2B

 

The Bill of Rights

The Bill of Rights: A Transcription

The Preamble to The Bill of Rights

Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Note: The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the “Bill of Rights.”

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

 

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

 

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

 

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

 

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

 

Note: The capitalization and punctuation in this version is from the enrolled original of the Joint Resolution of Congress proposing the Bill of Rights, which is on permanent display in the Rotunda of the National Archives Building, Washington, D.C.

 

http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

 

During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a “bill of rights” that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered.

On September 25, 1789, the First Congress of the United States therefore proposed to the state legislatures 12 amendments to the Constitution that met arguments most frequently advanced against it. The first two proposed amendments, which concerned the number of constituents for each Representative and the compensation of Congressmen, were not ratified. Articles 3 to 12, however, ratified by three-fourths of the state legislatures, constitute the first 10 amendments of the Constitution, known as the Bill of Rights.

http://www.archives.gov/exhibits/charters/bill_of_rights.html

Religion and the Constitution: The Triumph of Practical Politics

by Martin E. Marty, Religion-Online.org,The Christian Century March 23-30, l994

Excerpt

“It is one of the striking facts of American history that the American Revolution was led by men who were not very religious,” wrote Gordon Wood in New York History. “At the best the Founding Fathers only passively believed in organized Christianity and at worst they scorned and ridiculed it.” … assess the religious and metaphysical foundations and contentions of their thought. God comes up often, but almost never in biblical terms; “God,” we remember, was generic for deists and theists, philosophers and believers alike…… While practical politics was the preoccupation of these debaters, they were debating what was deepest in the people’s minds and hearts. … that language does not advance the case for seeing America as a Christian country. .

The founders were aware of what James Madison called “various and irreconcilable . : . doctrines of Religion” and they were occasionally alert to world religions…

One of the most serious issues in constitutional discourse was the virtue of the people, since constitutional law would be effective only if citizens respected it…

…  the founders’ practical politics displaced and left little room for sustained discussion of the metaphysical, metaethical and theological backdrop to constitutionalism. The debates occurred at a time when there was enough Enlightenment talk about “Nature’s God” to compromise evangelical talk about the God of the Bible in the affairs of the United States. When one contrasts outcomes in the United States with those in Europe, one is tempted .

The evangelicalization of American culture, then, did not derive from the constitutional period but from the times that followed, times of revivalism and immigration…The language of the constitutional debates was, like that of the Almighty, in Madison’s view, “rendered dim and doubtful, by the cloudy medium through which it is communicated.”…

Full text

“It is one of the striking facts of American history that the American Revolution was led by men who were not very religious,” wrote Gordon Wood in New York History. “At the best the Founding Fathers only passively believed in organized Christianity and at worst they scorned and ridiculed it.” When asked why the Constitution did not mention God, Alexander Hamilton is said to have answered, “We forgot.”

As a major interpreter of our country’s founding, Wood reflects the influence of his teacher Bernard Bailyn, who in two important new volumes provides the best general access to the period in which the Founding Fathers — yes, they were all men — debated their Constitution of 1787 and sold themselves, each other and the public on its ratification. This generous sampling of the argument helps contemporary readers assess the religious and metaphysical foundations and contentions of their thought.

Northwestern University law professor Stephen Presser has said that “at first blush, it would appear that none but the truly weird would find these two new volumes … compulsive late-night page-turners.” But I joined him in the company of the weird by marking all the references that could be construed as religious. I began at the outer limits with what I call the “sacral penumbra” of nondescript and rather noncommittal incidental references. (These do not include the more frequent and clear references in the sustained arguments discussed later in this essay.) My marker found three favorites: at least 30 “Heavens,” as in “merciful Heaven,” and 15 or 20 “blessings of heaven”; there were 15 usually casual “sacreds,” as in “sacred liberties.” God comes up often, but almost never in biblical terms; “God,” we remember, was generic for deists and theists, philosophers and believers alike. In one instance in this collection, one John Smilie quotes the Declaration of Independence on the Creator. Beyond that, in these two lengthy volumes there are about 20 references to God, while the Almighty and the Creator make single cameo appearances. We read at least seven times of Providence; the Supremes are here four times, as in Supreme Being and Supreme Ruler of the Universe; Lord, as in “O Lord!” or “the Year of Our Lord,” turns up six times, and there is a Sovereign Ruler of Events, one Grace, two Governors (of the World and the Universe),two Nature’s Gods, and, for good measure, one Goddess of Liberty. Whether the general absence of the biblical God is intentional or reflects the habits of the Enlightenment, it is significant.

On one occasion, vox populi is identified with vox dei, a questionable theological concept, to be sure. Once, people are called “the sole governours (under God),” and I spotted another “under God” in connection with George Washington. Writers also refer to “the immutable laws of God and ” reason,” and “the laws of nature and nature’s God.” The citation of the Bible as authority is extremely rare. Once Benjamin Rush deals abstractly with “reason and revelation,” and John Dickinson cites Holy Scriptures on perfect liberty and speaks of “the inspired Apostle Saint Paul.” The latter is one of the most charged references in the two volumes; Dickinson uses I Corinthians 12 on the body of Christ as an analogy for “the benefits of union” in the republic. As for human nature, only once do. I recall spotting the word “sin.” Calvin’s God was far back in the wings in this Enlightenment-era discourse.

For a people putatively schooled in scripture, these arguers use relatively few biblical allusions. I counted three references to Moses. In Noah Webster’s citation, Moses gets paired with Fohi and Confucius, Zamolxis and Odin and other “fabled demi-gods of antiquty” In another citation Moses joins Montesquieu as a representative genius. There are other casual allusions to the Bible, but they are slight and quickly dropped.

Terribly slim pickings, these. While practical politics was the preoccupation of these debaters, they were debating what was deepest in the people’s minds and hearts. Consequently, it seems strange that I found only one reference to Christology or Christian salvation: the “blood of the Redeemer.” “John Humble,” speaking for “the low born,” at one point makes fun of “the perfection of this evangelical constitution” and its claimed place “in the salvation of America,” but that language does not advance the case for seeing America as a Christian country. One would hardly know from these collected documents that Americans were churchgoers; I caught them at church in only one casual allusion. Denominations are rarely mentioned, though Quakers are visible, chiefly as pacifists. Pelatiah Webster of Philadelphia defends “Quakers, Mennonists, Moravians, and several other sects scrupulous against war” from charges that they are “enemies to liberty and the rights of mankind.

“The clergy are almost invisible; once there is a minister of the gospel; once, some are “reverend”; and clergy march in place in a Maryland ratification parade. Did I overlook more than the one reference I found to “pastor,” and the one to “theologian,” as in “the close reasoning of the theologian,” in lawyer Simeon Baldwin’s speech?

Are the American people chosen? James Winthrop thought so, but that is about it (1:764). Unless my snooping eye missed some references, Americans were Christians. only once in 2,387 pages — in Baldwin’s oration at New Haven on July 4, where hearers were asked “to discharge our duty to our God, our country and ourselves, like true patriots and benevolent Christians.” Historian David Ramsay wrote to South Carolinians to “consider the-people of all the thirteen states, as a band of brethren, speaking the same language, professing the same religion, inhabiting one undivided country, and designed by heaven to be one people,” but the religion is unspecified. As for devotion, there is a reference to one’s “prayer to God,” but we 20th-century folk hear more such talk in a single presidential inaugural address.

The established religion of England gets mentioned ten or 20 times, in every case negatively, though George Mason once neutrally quotes the Book of Common Prayer. The founders allude to creeds once or twice but do not quote them from church history; Athanasius appears once, and we read of heretics. There is little anti-Catholicism in these almost entirely non-Catholic writings. Remember, these folks are arguing for ratification and are not eager to make religious enemies.

The founders were aware of what James Madison called “various and irreconcilable . : . doctrines of Religion” (1:746), and they were occasionally alert to world religions. This was especially true of Noah Webster, who states that the Alcoran of the Muslims is not likely to become the American “rule of faith and practice.” There is an awareness of old Roman augury and priesthood, back when legislators “derived much of their power from the influence,of religion, or from that implicit belief which an ignorant and,superstitious people entertain of the gods, and their interposition in every transaction of life.” But in modern North America such behavior would be incredible and impossible (1:154-56).

One of the most serious issues in constitutional discourse was the virtue of the people, since constitutional law would be effective only if citizens respected it. Pelatiah Webster of Philadelphia was the most explicit concerning people’s response to the divine when he wrote about congressmen: Another mighty influence to the noblest principle of action will be the fear of God before their eyes; for while they sit in the place of God, to give law, justice, and right to the States, they must be monsters indeed if they do not regard his law and imitate his character.

James Madison, however, balances Webster in a letter to Thomas Jefferson about possible restraints of majorities who might persecute minorities: Religion. The inefficacy of this restraint on individuals is well known. The conduct of every popular Assembly, acting on oath, the strongest of religious ties, shews that individuals join without remorse in acts against which their consciences would revolt, if proposed to them separately in their closets. When indeed religion is kindled into enthusiasm, its force like that of other passions is increased by the sympathy of a multitude. But enthusiasm is only a temporary state of Religion, and whilst it lasts will hardly be seen with pleasure at the helm. Even in its coolest state, it has been much oftener a motive to oppression than a restraint from it.

The most sustained religious discussion in these huge volumes has to do with the line in Article VI of the Constitution that “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” Luther Martin, a fierce opponent of ratification, reported that the “no religious test” clause easily had passed at Philadelphia, but went on sarcastically:

However, there were some members so unfashionable as to think that a belief of the existence of a Deity, and of a state of future rewards and punishments would be some security for the good conduct of our rulers, and that in a Christian country it would be at least decent to hold out some distinction between the professors of Christianity and downright infidelity or paganism.

The most notable New England Baptist, Isaac Backus, opposed such a test, stating that “no man or men can impose any religious test, without invading the essential prerogatives of our Lord Jesus Christ.” William Williams, a Connecticut signer of the Declaration of Independence, wrote in the American Mercury that he wished the clause could have been omitted, and even would have liked to have voted for its reverse, “to require an explicit acknowledgment of the being of a God, his perfections and his providence,” and an italicized affirmation of God in the preamble to the Constitution. Williams says he knows that such a phrase would have produced hypocrites and have provided no security, but he wished it were there simply as a public testimony.

On the other hand, Oliver Ellsworth takes three pages to defend the Article VI clause as not being “unfavourable to religion.” It was designed “to exclude persecution” and to secure “the important right of religious liberty.” English law and practice show the evils that would threaten were the clause not here. “A test in favour of any one denomination of Christians would be to the last degree absurd in the United States.” Even a test-act that required officeholders to declare “their belief in the being of a God, and in the divine authority of the scriptures,” would not have satisfied, since it is easy to dissemble. “If we mean to have those appointed to public offices who are sincere friends to religion; we the people who appoint them, must take care to choose such characters; and not rely upon such cob-web barriers as test-laws are.

“Henry Abbott and James Iredell returned to the issue in a report from the North Carolina Convention. Abbott stated that some feared that without religious tests, “Pagans, Deists, and Mahometans might obtain offices among us,” and that legislators might some day “all be Pagans.” Without religious texts, would oaths of office be taken “by Jupiter, Juno, Minerva, Proserpine or Pluto”? Iredell responded, referring to the “dreadful mischiefs” and “utmost cruelties” that had occurred “under the colour of religious texts” throughout history. America had already chosen a more modest, reasonable and tolerant course. Iredell asks, “How is it possible to exclude any set of men, without taking away that principle of religious freedom which we ourselves so warmly contend for?” But he concludes, “It is never to be supposed that the people of America will trust their dearest rights to persons who have no religion at all, or a religion materially different from their own.” Let religion be permitted to take its own course; “the divine author of our religion never wished for its support by worldly authority.

After the “religious tests” debates, the most significant treatment of religion occurred in debates having to do with pluralism, “the multiplicity of sects,” republicanism and religious freedom. Most of the suspicious antifederalists were pushing for a Bill of Rights, while the federalists, feeling that rights had been assured in the unamended Constitution, opposed it.

In Virginia, where Patrick Henry favored what is now called nonpreferential support, a quasi-establishment, James Madison, his opponent, argued that a Bill of Rights “declaring that religion should be secure” was unnecessary. Because of the presence of what Madison called a “multiplicity of sects” Americans had freedom of religion, and that was “the best and only security for religious liberty in any society.

“Z,” replying to Benjamin Franklin in Boston, did argue that there had to be an express reservation of “inherent unalienable rights,” for example, “in case the government should have in their heads a predilection for any one sect in religion? … [and for] erecting a national system of religion?” (1:7). Tench Coxe in Philadelphia enumerated all the sects that had come to America for the sake of freedom of religion, and noted that they brought with them dispositions to other freedorns in matters of government. The anonymous “Federal Farmer” in letters to “The Republican” joined in: “It is true, we are not disposed to differ much, at present, about religion; but when we are making a constitution, it is to be hoped, for ages and millions yet unborn, why not establish the free exercise of religion, as a part of the national compact.”

The “multiplicity of sects” theme came to prominence in Madison’s Federalist Papers X and LI. These are more a celebration of religious diversity than of religion, since Madison seems nervous about religion’s power to tyrannize. Still arguing for a large federal republic, Madison returned to the theme in Federalist LI,.where wariness about religious power is checked by celebration of diversity:

In a free government, the security for civil rights must be the same as that for religious rights. It consists in the one case in the multiplicity of interests, and in the other, in the multiplicity of sects. The degree of security in both cases will depend on the number of interests and sects; and this may be presumed to depend on the extent of country and number of people comprehended under the same government.

In the event, the United States in 1789 added a Bill of Rights including the religion clause to the Constitution, and the nation became the large republic with many sects that Madison foresaw and wanted. The philosophy behind the religion clause derived from the Madisonian-Jeffersonian Virginian resolution, copied also by North Carolina:

20th. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence, and therefore all men have an equal, natural and unalienable right to the free exercise of religion according to the dictates of conscience, and that no particular religious sect or society ought to be favored or established by law in preferrence [sic] to others.

I will not have discharged my self-chosen duties successfully without referring to two passages by notable founders that throw special if idiosyncratic light on religion. One is by the renowned Philadelphia physician and constitutionalist Benjamin Rush. In a 1787 speech at the Pennsylvania Convention reported on in the Pennsylvania Herald two days later, he awakened furies by arguing that ratification was divinely mandated. The other offbeat entry is Benjamin Franklin’s speech at the conclusion of the Constitutional Convention, September 17, 1787, the document which opens Bailyn’s two-volume collection and frames some of what follows. He did not entirely approve of the Constitution, he said, and pleaded for modesty. The aged sage still had wit:

Most Men indeed as well as most Sects in Religion, think themselves in Possession of all Truth, and that wherever others differ from them it is so far Error. Steele, a Protestant, in a Dedication tells the Pope, that the- only difference between our two Churches in their Opinions of the Certainty of their Doctrine, is, the Romish Church is infallible, and the Church of England is never in the Wrong.

After antifederalist riots at Carlisle, Franklin returned to the scene with a satire against the rioters, comparing them to the ancient Jews who rejected a constitution handed down by God and “recorded in the most faithful of all Histories, the Holy Bible.” There followed four pages of reference to biblical history (Exodus and Numbers), after which Franklin concluded that he did not want to be thought of as arguing that the General Convention was similarly divinely inspired:

Yet I must own I have so much Faith in the general Government of the world by Providence, that I can hardly conceive a transaction of such momentous Importance to the Welfare of Millions now existing, and to exist in the Posterity of a great Nation, should be suffered to pass without being in some degree influenc’d, guided, and governed by that omnipotent, omnipresent, and beneficent Ruler, in whom all inferior Spirits live, and move, and have their Being.

One could never be too sure from Franklin’s language where he stood, .and the same is the case with other major figures like Jefferson or Madison. It was Madison who reflected most on ambiguity, obscurity, cornplexity, the equivocal, and the noncopiousness of language. He also cast the problem against a transcendent backdrop: ‘ “When the Almighty himself condescends to address mankind in their own language, his meaning, luminous as it must be, is rendered dim and doubtful, by the cloudy medium through which it is communicated.” .

My reading of 2,387 pages of “cloudy medium” may have clouded things more. It’s clear, at any rate, that religious references in these primal republican political debates were rare and vague. In addition, almost no one found it easy to speak of a Christian republic or to offer a consistent theological rationale of constitutionalism. The few sustained debates about “religious tests” and “religious freedom” treated the potential for religious monopolies, hegemonies or majorities-and even religion itself-as a problem. Finally, the Madisonian devotion to pluralism won out over attempts to legislate metaphysical or theological solutions or to privilege particular traditions.

The two volumes confirm the idea that the founders’ practical politics displaced and left little room for sustained discussion of the metaphysical, metaethical and theological backdrop to constitutionalism. The debates occurred at a time when there was enough Enlightenment talk about “Nature’s God” to compromise evangelical talk about the God of the Bible in the affairs of the United States. When one contrasts outcomes in the United States with those in Europe, one is tempted to conclude that the “godless” Constitution and the reticent constitutionalists helped make possible a “godly” people.

The evangelicalization of American culture, then, did not derive from the constitutional period but from the times that followed, times of revivalism and immigration. It was not 1776 or 1787-89 but the period that followed which led Jon Butler to see Americans Awash in a Sea of Faith, Nathan Hatch to write of The Democratization of American Religion, me to write of the Protestant experience as an advocacy of a Righteous Empire , Robert Handy to describe A Christian America and Mark A. Noll, Nathan 0. Hatch and George M. Marsden to observe and criticize The Search for Christian America.

The language of the constitutional debates was, like that of the Almighty, in Madison’s view, “rendered dim and doubtful, by the cloudy medium through which it is communicated.” Bailyn’s triumph of editing and publishing The Debate on the Constitution communicates that aspect of language brightly and without doubt.

http://www.religion-online.org/showarticle.asp?title=182

Martin E. Marty recently wrote Modern American Religion (Vol. 2): The Noise of Conflict. This article appeared in The Christian Century March 23-30, l994, pp 316-327. Copyrighted by TheChristian Century Foundation; used by permission. Current articles and subscriptions can be found at www.christiancentury.org. This text was prepared for Religion Online by John C. Purdy.

So You Think You Know the Second Amendment?

by Jeffrey Toobin, New Yorker, December 18, 2012

Does the Second Amendment prevent Congress from passing gun-control laws? The question, which is suddenly pressing, in light of the reaction to the school massacre in Newtown, is rooted in politics as much as law.

For more than a hundred years, the answer was clear, even if the words of the amendment itself were not. The text of the amendment is divided into two clauses and is, as a whole, ungrammatical: “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” The courts had found that the first part, the “militia clause,” trumped the second part, the “bear arms” clause. In other words, according to the Supreme Court, and the lower courts as well, the amendment conferred on state militias a right to bear arms—but did not give individuals a right to own or carry a weapon.

Enter the modern National Rifle Association. Before the nineteen-seventies, the N.R.A. had been devoted mostly to non-political issues, like gun safety. But a coup d’état at the group’s annual convention in 1977 brought a group of committed political conservatives to power—as part of the leading edge of the new, more rightward-leaning Republican Party. (Jill Lepore recounted this history in a recent piece for The New Yorker.) The new group pushed for a novel interpretation of the Second Amendment, one that gave individuals, not just militias, the right to bear arms. It was an uphill struggle. At first, their views were widely scorned. Chief Justice Warren E. Burger, who was no liberal, mocked the individual-rights theory of the amendment as “a fraud.”

But the N.R.A. kept pushing—and there’s a lesson here. Conservatives often embrace “originalism,” the idea that the meaning of the Constitution was fixed when it was ratified, in 1787. They mock the so-called liberal idea of a “living” constitution, whose meaning changes with the values of the country at large. But there is no better example of the living Constitution than the conservative re-casting of the Second Amendment in the last few decades of the twentieth century. (Reva Siegel, of Yale Law School, elaborates on this point in a brilliant article.)

The re-interpretation of the Second Amendment was an elaborate and brilliantly executed political operation, inside and outside of government. Ronald Reagan’s election in 1980 brought a gun-rights enthusiast to the White House. At the same time, Orrin Hatch, the Utah Republican, became chairman of an important subcommittee of the Senate Judiciary Committee, and he commissioned a report that claimed to find “clear—and long lost—proof that the second amendment to our Constitution was intended as an individual right of the American citizen to keep and carry arms in a peaceful manner, for protection of himself, his family, and his freedoms.” The N.R.A. began commissioning academic studies aimed at proving the same conclusion. An outré constitutional theory, rejected even by the establishment of the Republican Party, evolved, through brute political force, into the conservative conventional wisdom.

And so, eventually, this theory became the law of the land. In District of Columbia v. Heller, decided in 2008, the Supreme Court embraced the individual-rights view of the Second Amendment. It was a triumph above all for Justice Antonin Scalia, the author of the opinion, but it required him to craft a thoroughly political compromise. In the eighteenth century, militias were proto-military operations, and their members had to obtain the best military hardware of the day. But Scalia could not create, in the twenty-first century, an individual right to contemporary military weapons—like tanks and Stinger missiles. In light of this, Scalia conjured a rule that said D.C. could not ban handguns because “handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid.”

So the government cannot ban handguns, but it can ban other weapons—like, say, an assault rifle—or so it appears. The full meaning of the court’s Heller opinion is still up for grabs. But it is clear that the scope of the Second Amendment will be determined as much by politics as by the law. The courts will respond to public pressure—as they did by moving to the right on gun control in the last thirty years. And if legislators, responding to their constituents, sense a mandate for new restrictions on guns, the courts will find a way to uphold them. The battle over gun control is not just one of individual votes in Congress, but of a continuing clash of ideas, backed by political power. In other words, the law of the Second Amendment is not settled; no law, not even the Constitution, ever is.

Photograph by Mario Tama/Getty.
Read more: http://www.newyorker.com/online/blogs/comment/2012/12/jeffrey-toobin-second-amendment.html?printable=true&currentPage=all#ixzz2FQCSfzPS

In Public ‘Conversation’ on Guns, a Rhetorical Shift

By NATE SILVER, December 14, 2012

Friday’s mass shooting at an elementary school in Newtown, Conn., has already touched off a heated political debate. Opponents of stricter regulation on gun ownership have accused their adversaries of politicizing a tragedy. Advocates of more sweeping gun control measures have argued that the Connecticut shootings are a demonstration that laxer gun laws can have dire consequences. Let me sidestep the debate to pose a different question: How often are Americans talking about public policy toward guns? And what language are they using to frame their arguments?

There is, of course, no way to monitor the conversations that take place in living rooms around the country. But we can measure the frequency with which phrases related to gun policy are used by the news media.

If the news coverage is any guide, there has been a change of tone in recent years in the public conversation about guns. The two-word phrase “gun control” is being used considerably less often than it was 10 or 20 years ago. But the phrase “gun rights” is being used more often. And the Second Amendment to the United States Constitution is being invoked more frequently in the discussion.

In the chart below, I’ve tracked the number of news articles that used the terms “gun control,” “gun rights,” “gun violence” and “Second Amendment” in American newspapers, according to the database NewsLibrary.com. (Because the number of articles in the database changes over time, the figures are normalized to reflect the overall volume of database coverage in any given year, with the numbers representing how often the gun-related phrases were used per 1,000 articles on any subject.)

The usage of all four phrases, but particularly the term “gun control,” has been subject to sharp but temporary shifts based on news events.

In 1993 and 1994, when Congress was debating a ban on assault weapons, the phrase “gun control” was used about three times per 1,000 news articles. Use of the term was even higher after the mass shootings in Columbine, Colo., peaking at 3.7 instances per 1,000 articles in 1999. It reached a low point in 2010, when the term “gun control” was used 0.3 times per 1,000 articles — less than one-tenth as often as in the year after the Columbine shootings.

Averaging the frequency of usage over a five-year period reduces the effect of these news-driven fluctuations and reveals a reasonably clear long-term trend. In recent years, the term “gun control” has been used only about half as often as it was in the 1980s and about one-quarter as often as in the 1990s and early 2000s.

But other phrases related to gun policy have become more common in news coverage.

The term “Second Amendment” was rarely employed in the 1980s, but it has become much more commonplace since then. (Since 2008, the term “Second Amendment” has been used more often than “gun control.”) A related phrase, “gun rights,” has also come into more common usage.

The term “gun violence” peaked in 1999, the year of the Columbine shootings. But it has also been on a long-term increase. Since 2010, it has been used 0.33 times per 1,000 news articles — far more often than during the 1980s, when it was invoked 0.02 times per 1,000 articles.

The change in rhetoric may reflect the increasing polarization in the debate over gun policy. “Gun control,” a relatively neutral term, has been used less and less often. But more politically charged phrases, like “gun violence” and “gun rights,” have become more common. Those who advocate greater restrictions on gun ownership may have determined that their most persuasive argument is to talk about the consequences of increased access to guns — as opposed to the weedy debate about what rights the Second Amendment may or may not convey to gun owners. For opponents of stricter gun laws, the debate has increasingly become one about Constitutional protections. Certainly, many opponents of gun control measures also argue that efforts to restrict gun ownership could backfire in various ways or will otherwise fail to reduce violence. But broadly speaking, they would prefer that the debate be about what they see as Constitutional rights, rather than the utilitarian consequences of gun control measures.

Their strategy may have been working. The polling evidence suggests that the public has gone from tending to back stricter gun control policies to a more ambiguous position in recent years. There may be some voters who think that the Constitution provides broad latitude to own and carry guns – even if the consequences can sometimes be tragic.

http://fivethirtyeight.blogs.nytimes.com/2012/12/14/in-public-conversation-on-guns-a-rhetorical-shift/?nl=todaysheadlines&emc=edit_th_20121215

How the Right Has Twisted the 2nd Amendment

Consortium News [1] / By Robert Parry [2] December 15, 2012

The American Right is fond of putting itself inside the minds of America’s Founders and intuiting what was their “original intent” in writing the U.S. Constitution and its early additions, like the Second Amendment’s “right to bear arms.” But, surely, James Madison and the others weren’t envisioning people with modern weapons mowing down children in a movie theater or a shopping mall or now a kindergarten.

Indeed, when the Second Amendment was passed in the First Congress as part of the Bill of Rights, firearms were single-shot mechanisms that took time to load and reload. It was also clear that Madison and the others viewed the “right to bear arms” in the context of “a well-regulated militia” to defend communities from massacres, not as a means to enable such massacres.

The Second Amendment reads: “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Thus, the point of the Second Amendment is to ensure “security,” not undermine it.

The massacre of 20 children in Newtown, Connecticut, on Friday, which followed other gun massacres in towns and cities across the country, represents the opposite of “security.” And it is time that Americans of all political persuasions recognize that protecting this kind of mass killing was not what the Founders had in mind.

However, over the past several decades, self-interested right-wing “scholarship” has sought to reinvent the Framers as free-market, government-hating ideologues, though the key authors of the U.S. Constitution – people like James Madison and George Washington – could best be described as pragmatic nationalists who favored effective governance.

In 1787, led by Madison and Washington, the Constitutional Convention scrapped the Articles of Confederation, which had enshrined the states as “sovereign” and had made the federal government a “league of friendship” with few powers.

What happened behind closed doors in Philadelphia was a reversal of the system that governed the United States from 1777 to 1787. The laws of the federal government were made supreme and its powers were dramatically strengthened, so much so that a movement of Anti-Federalists fought bitterly to block ratification.

In the political maneuvering to assure approval of the new system, Madison and other Federalists agreed to add a Bill of Rights to ease some of the fears about what Anti-Federalists regarded as the unbridled powers of the central government. [For details, see Robert Parry’s America’s Stolen Narrative [3].]

Madison had considered a Bill of Rights unnecessary because the Constitution, like all constitutions, set limits on the government’s power and it contained no provisions allowing the government to infringe on basic liberties of the people. But he assented to spell out those rights in the first 10 amendments, which were passed by the First Congress and ratified in 1791.

The intent of the Second Amendment was clarified during the Second Congress when the U.S. government enacted the Militia Acts, which mandated that all white males of military age obtain a musket, shot and other equipment for service in militias.

The idea was to enable the young country to resist aggression from European powers, to confront Native American tribes on the frontier and to put down internal rebellions, including slave revolts. There was nothing particularly idealistic in this provision; the goal was the “security” of the young nation.

However, the modern American Right and today’s arms industry have devoted enormous resources to twisting the Framers into extremist ideologues who put “liberties” like individual gun ownership ahead of all practical concerns about “security.”

This propaganda has proved so successful that many politicians who favor common-sense gun control are deemed violators of the Framers’ original intent, as essentially un-American, and face defeat in elections. The current right-wing majority on the U.S. Supreme Court has even overturned longstanding precedents and reinterpreted the Second Amendment as granting rights of individual gun ownership.

But does anyone really believe that Madison and like-minded Framers would have stood by and let deranged killers mow down civilians, including children, by using guns vastly more lethal than any that existed in the Revolutionary era? If someone had wielded a single-shot musket or pistol in 1791, the person might get off one volley but would then have to reload. No one had repeat-firing revolvers, let alone assault rifles with large magazines of bullets.

Any serious scholarship on the Framers would conclude that they were, first and foremost, pragmatists determined to protect the hard-won independence of the United States. When the states’-rights Articles of Confederation wasn’t doing the job, they scrapped it. When compromises were needed – even on the vile practice of slavery – the Framers cut the deals.

While the Framers cared about liberty (at least for white men), they focused in the Constitution on practicality, creating a flexible system that would advance the “general Welfare” of “We the People.”

It is madness to think that the Framers would have mutely accepted the slaughter of kindergarteners and grade-school kids (or the thousands of other American victims of gun violence). Such bloody insecurity was definitely not their “original intent.”

Source URL: http://www.alternet.org/how-right-has-twisted-2nd-amendment

Links:
[1] http://www.consortiumnews.com
[2] http://www.alternet.org/authors/robert-parry
[3] https://salsa.democracyinaction.org/o/1868/t/12126/shop/shop.jsp?storefront_KEY=1037
[4] http://www.alternet.org/tags/2nd-amendment
[5] http://www.alternet.org/tags/connecticut
[6] http://www.alternet.org/tags/sandy-hook
[7] http://www.alternet.org/tags/shooting-0
[8] http://www.alternet.org/tags/security-0
[9] http://www.alternet.org/tags/safety-0
[10] http://www.alternet.org/tags/protection
[11] http://www.alternet.org/%2Bnew_src%2B

Ron Paul’s Farewell Speech in Congress Lays Bare His Hatred for “Pure Democracy,” and Love of Oligarchy

Consortium News [1] / By Robert Parry [2] November 28, 2012  |

Rep. Ron Paul, an icon to the libertarian Right and to some on the anti-war Left, gave a farewell address to Congress that expressed his neo-Confederate interpretation of the Constitution and his anti-historical view of the supposedly good old days of laissez-faire capitalism.

In a near-hour-long rambling speech [3] on Nov. 14, Paul also revealed himself to be an opponent of “pure democracy” because government by the people and for the people tends to infringe on the “liberty” of businessmen who, in Paul’s ideal world, should be allowed to do pretty much whatever they want to the less privileged.

In Paul’s version of history, the United States lost its way at the advent of the Progressive Era about a century ago. “The majority of Americans and many government officials agreed that sacrificing some liberty was necessary to carry out what some claimed to be ‘progressive’ ideas,” said the 77-year-old Texas Republican. “Pure democracy became acceptable.”

Before then, everything was working just fine, in Paul’s view. But the reality was anything but wonderful for the vast majority of Americans. A century ago, women were denied the vote by law and many non-white males were denied the vote in practice. Uppity blacks were frequently lynched.

The surviving Native Americans were confined to oppressive reservations at the end of a long process of genocide. Conditions weren’t much better for the white working class. Many factory workers toiled 12-hour days and six-day weeks in very dangerous conditions, and union organizers were targeted for reprisals and sometimes death.

For small businessmen, life was treacherous, too, with the big monopolistic trusts overcharging for key services and with periodic panics on Wall Street rippling out across the country in bank failures, bankruptcies and foreclosures.

Meanwhile, obscenely rich Robber Barons, like John D. Rockefeller, Andrew Carnegie and J.P. Morgan, personally controlled much of the nation’s economy and manipulated the political process through bribery. They were the ones who owned the real “liberty.”

It took the Great Depression and its mass suffering to finally convince most Americans “that sacrificing some liberty was necessary,” in Paul’s curious phrasing, for them to gain a living wage, a measure of security and a little respect.

So, under President Franklin Roosevelt, laws were changed to shield working Americans from the worst predations of the super-rich. Labor standards were enacted; unions were protected; regulations were imposed on Wall Street; and the nation’s banks were made more secure to protect the savings of depositors.

Many social injustices also were addressed during Ron Paul’s dreaded last century. Women got the vote and their position in the country gradually improved, as it did for blacks and other minorities with the belated enforcement of the equal rights provisions of the 14th Amendment and passage of civil rights legislation.

The reforms from the Progressive Era, the New Deal and the post-World War II era also contributed to a more equitable distribution of the nation’s wealth, making the United States a richer and stronger country. The reforms, initiated by the federal government, essentially created the Great American Middle Class.

Paul’s Complaint

But in Paul’s view, the reformers should have left things the way they were – and he blames the reforms for today’s problems, although how exactly they’re connected is not made clear.

Paul said: “Some complain that my arguments make no sense, since great wealth and the standard of living improved for many Americans over the last 100 years, even with these new policies. But the damage to the market economy, and the currency, has been insidious and steady.

“It took a long time to consume our wealth, destroy the currency and undermine productivity and get our financial obligations to a point of no return. Confidence sometimes lasts longer than deserved. Most of our wealth today depends on debt.

“The wealth that we enjoyed and seemed to be endless, allowed concern for the principle of a free society to be neglected. As long as most people believed the material abundance would last forever, worrying about protecting a competitive productive economy and individual liberty seemed unnecessary.”

But Paul’s blaming “progressive” reforms of the last century for the nation’s current economic mess lacks any logic, more a rhetorical trick than a rational argument, a sophistry that holds that because one thing happened and then some bad things happened, the first thing must have caused the other things.

The reality is much different. Without Theodore Roosevelt’s Progressive Era and Franklin Roosevelt’s New Deal, the direction of America’s capitalist system was toward disaster, not prosperity. Plus, the only meaningful “liberty” was that of a small number of oligarchs looting the nation’s wealth. (It would make more sense to blame the current debt problem on the overreach of U.S. imperialism, the rush to “free trade,” the unwise relaxing of economic regulations, and massive tax cuts for the rich.)

Besides his reactionary fondness for the Gilded Age, Paul also embraces an anti-historical attitude toward the Founding Era. He claimed that the Constitution failed not only because of the 20th Century’s shift toward “pure democracy” but because of a loss of moral virtue among the populace.

“Our Constitution, which was intended to limit government power and abuse, has failed,” Paul said. “The Founders warned that a free society depends on a virtuous and moral people. The current crisis reflects that their concerns were justified.”

However, there’s no compelling evidence that people were more moral in 1787 or in 1912 than they are today. Indeed, one could argue that many slave-owning Founders were far less moral than Americans are now, a time when tolerance of racial, gender and other differences is much greater.

And as for the late 19th and early 20th centuries, the pious morality of the Robber Barons included the cruel exploitation of their workers, the flaunting of obscene wealth amid widespread poverty, and the routine bribery of politicians. How that measures up to moral superiority is a mystery.

In his speech, Paul declared that “a society that boos or ridicules the Golden Rule is not a moral society,” but many of the Founders and the Robber Barons did not follow the Golden Rule either. They inflicted on others great pain and suffering that they would not want for themselves.

Misreading the Constitution

Paul’s historical incoherence extends to what the Framers were doing with the Constitution. He argues that they were seeking “to limit government” in 1787 when they drafted the Constitution. But that was not their primary intent. The Framers were creating a strong and vibrant central government to replace the weak and ineffective one that existed under the Articles of Confederation.

Of course, by definition, all constitutions set limits on the power of governments. That’s what constitutions do and the U.S. Constitution is no exception. However, if the Framers wanted a weak central government and strong states’ rights, they would not have scrapped the Articles of Confederation, which governed the United States from 1777 to 1787. The Articles made the states “independent” and “sovereign” and left the federal government as a supplicant.

The key point, which Paul and other right-wingers seek to obscure about the Constitution, is that it granted broad powers to the central government along with the mandate to address the nation’s “general Welfare.”

The key Framers of the Constitution, particularly George Washington and James Madison, were pragmatists who understood that a strong and effective central government was necessary to protect the independence of a large and sprawling nation. For that reason, they recognized that the Articles had been a failure, preventing the 13 states from functioning as a cohesive nation. Indeed, the Articles didn’t even recognize the United States as a government, but rather as a “league of friendship.”

General Washington, in particular, hated the Articles because they had left his Continental Army begging individual states for supplies during the Revolutionary War. And after the hard-won independence, Washington saw European powers exploiting the divisions among the states and regions to whittle away that independence.

The whole American enterprise was threatened by the principle of states’ rights because national coordination was made almost impossible. It was that recognition which led Madison, with Washington’s firm support, to seek first to amend the Articles and ultimately to throw them out.

When Madison was trying to get Virginia’s endorsement of an amendment to give the federal government power to regulate commerce, Washington wrote: “the proposition in my opinion is so self evident that I confess I am at a loss to discover wherein lies the weight of the objection to the measure.

“We are either a united people, or we are not. If the former, let us, in all matters of a general concern act as a nation, which have national objects to promote, and a national character to support. If we are not, let us no longer act a farce by pretending it to be.” [For more on this background, see Robert Parry’s America’s Stolen Narrative [4].]

On to Philadelphia

After Madison was stymied on his commerce proposal in the Virginia legislature, he and Washington turned their attention to a convention that was technically supposed to propose changes to the Articles of Confederation but, in secrecy, chose to dump them entirely.

When the convention convened in Philadelphia in spring 1787, it was significant that on the first day of substantive debate, there was Madison’s idea of the federal government regulating commerce.

As the Constitution took shape – and the Convention spelled out the sweeping “enumerated powers” to be granted to Congress – Madison’s Commerce Clause was near the top, right after the power to tax, to pay debts, to “provide for the common Defence and general Welfare,” and to borrow money – and even above the power to declare war. Yes, the Right’s despised Commerce Clause, which was the legal basis for many reforms of the 20th Century, was among the “enumerated powers” in Article 1, Section 8.

And gone was language from the Articles of Confederation that had declared the states “sovereign” and “independent.” Under the Constitution, federal law was supreme and the laws of the states could be stricken down by the federal courts.

Immediately, the supporters of the old system recognized what had happened. As dissidents from the Pennsylvania delegation wrote: “We dissent … because the powers vested in Congress by this constitution, must necessarily annihilate and absorb the legislative, executive, and judicial powers of the several states, and produce from their ruins one consolidated government.”

A movement of Anti-Federalists arose, led by the likes of Patrick Henry, to defeat the Constitution. They organized strong opposition in the states’ ratifying conventions of 1788 but ultimately lost, after winning the concession from Madison to enact of Bill of Rights during the first Congress.

The inclusion of the Tenth Amendment, which reserves for the states and the people powers that the Constitution does not give to the federal government, is the primary hook upon which the modern Right hangs its tri-corner hat of anti-federal ideology.

But the amendment was essentially a sop to the Anti-Federalists with little real meaning because the Constitution had already granted broad powers to the federal government and stripped the states of their earlier dominance.

Remaking Madison

The Right’s “scholars” also make much of a few quotes from Madison’s Federalist Paper No. 45, in which he sought to play down how radical a transformation, from state to federal power, he had engineered in the Constitution. Rather than view this essay in context, the Right seizes on Madison’s rhetorical attempts to deflect the alarmist Anti-Federalist attacks by claiming that some of the Constitution’s federal powers were already in the Articles of Confederation, albeit in a far weaker form.

In Federalist Paper No. 45, entitled “The Alleged Danger From the Powers of the Union to the State Governments Considered,” Madison wrote: “If the new Constitution be examined with accuracy, it will be found that the change which it proposes consists much less in the addition of NEW POWERS to the Union, than in the invigoration of its ORIGINAL POWERS.” Today’s Right also trumpets Madison’s summation, that “the powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.”

But it should be obvious that Madison is finessing his opposition. Whether or not some shadow of these federal powers existed in the Articles of Confederation, they were dramatically enhanced by the Constitution. In No. 45, Madison even plays down his prized Commerce Clause, acknowledging that “The regulation of commerce, it is true, is a new power; but that seems to be an addition which few oppose, and from which no apprehensions are entertained.”

However, in Federalist Paper No. 14, Madison made clear how useful the Commerce Clause could be as he envisioned national construction projects.

“[T]he union will be daily facilitated by new improvements,” Madison wrote. “Roads will everywhere be shortened, and kept in better order; accommodations for travelers will be multiplied and meliorated; an interior navigation on our eastern side will be opened throughout, or nearly throughout the whole extent of the Thirteen States.

“The communication between the western and Atlantic districts, and between different parts of each, will be rendered more and more easy by those numerous canals with which the beneficence of nature has intersected our country, and which art finds it so little difficult to connect and complete.”

Founding Pragmatism

The Framers also understood that the country would not remain locked in a late 18th Century world. Though they could not anticipate all the changes that would arise over more than two centuries, they incorporated broad powers in the Constitution so the country through its elected representatives could adapt to those times.

The true genius of the Framers was their pragmatism, both for good and ill, in the cause of protecting American independence and unity. On the for-ill side, many representatives in Philadelphia recognized the evils of slavery but accepted a compromise allowing the states to count African-American slaves as three-fifths of a person for the purpose of representation in Congress.

On the for-good side, the Framers recognized that the American system could not work without a strong central government with the power to enforce national standards, so they created one. They transferred national sovereignty from the 13 “independent” states to “We the people.” And they gave the central government the authority to provide for the “general Welfare.”

Yet, the fight over America’s founding principles didn’t end with the Constitution’s ratification in 1788. Faced with a growing emancipation movement – and losing ground to the industrial North – the Southern slave states challenged the power of the federal government to impose its laws on the states. President Andrew Jackson fought back against Southern “nullification” of federal law in 1832 and the issue of federal supremacy was fought out in blood during the Civil War from 1861-65.

Even after the Civil War, powerful regional and economic forces resisted the imposition of federal law, whether intended to benefit freed slaves or to regulate industry. In the latter third of the 19th Century, as Jim Crow laws turned blacks into second-class citizens, John D. Rockefeller, Andrew Carnegie and J.P. Morgan created industrial monopolies that rode roughshod over working-class Americans.

For different reasons, the South’s agrarian oligarchs and the North’s industrial oligarchs wanted the federal government to stay out of their affairs – and they largely succeeded by wielding immense political power until the 20th Century.

Then, in the face of widespread abuses, President Theodore Roosevelt went after the “trusts,” President Franklin Roosevelt responded to the Great Depression with the New Deal, and post-World War II presidents and federal courts began the process of overturning racial segregation.

The Right’s Emergence

In reaction to those changes – federal regulation of the economy and rejection of overt racial discrimination –the modern American Right emerged as a sometimes uneasy coalition between the “free-marketeers” and the neo-Confederates, sharing a mutual hatred of modern liberalism.

Those two groups also drew in other constituencies harboring resentments against liberals, such as the Christian Right – angered over Supreme Court prohibitions on compulsory prayers in public schools and abortion rights for women – and war hawks, drawn from the ranks of military contractors and neoconservative ideologues.

These right-wing movements recognized the importance of propaganda and thus – in the 1970s – began investing heavily in an infrastructure of think tanks and ideological media that would develop supportive narratives and disseminate those storylines to the American people.

It was especially important to convince Americans that the New Deal and federal interference in “states’ rights” were a violation of the Founders’ core principles. Thus, the Right could pretend that it was standing up for the U.S. Constitution and the Left was out of step with American “liberty.”

So, right-wing “scholars” transformed the purpose of the Constitutional Convention and recreated James Madison in particular. Under the Right’s revisionist history, the Constitution was drafted to constrain the power of the federal government and to ensure the supremacy of states’ rights. A few Madison quotes were cherry-picked from the Federalist Papers and the significance of the Tenth Amendment was exaggerated.

The success of the pseudo-history can’t be overstated. From the Tea Party, which arose in angry determination to “take back our country” from the first African-American president, to the hip libertarians who turned the quirky Ron Paul into a cult figure, there was a certainty that they were channeling the true vision of the American Founders.

A large segment of the American Left also embraced Ron Paul because his ideology included a rejection of imperial military adventures and a disdain for government intrusion into personal lives (although he is a devout “right-to-lifer” who would deny women the right to have an abortion).

Paul’s mix of libertarianism and anti-imperialism has proven especially attractive to young white men. He is viewed by some as a principled prophet, predicting chaos because the nation has deviated from the supposed path of “liberty.”

However, as his farewell address revealed, his ideology is a jumble of anti-historical claims and emotional appeals. For instance, he posed unserious questions like “Why can’t Americans decide which type of light bulbs they can buy?” – apparently oblivious to the need for energy conservation and the threat of global warming.

In the end, Ron Paul comes across as little more than a political crank whose few good ideas are overwhelmed by his neo-Confederate thinking and his sophistry about the inherent value of free-market economics.

See more stories tagged with:

ron paul [5],

liberatarian [6],

farewell address [7],

laissez-faire capitalism [8],

confederate [9]


Source URL: http://www.alternet.org/tea-party-and-right/ron-pauls-farewell-speech-congress-lays-bare-his-hatred-pure-democracy-and-love

Links:
[1] http://www.consortiumnews.com
[2] http://www.alternet.org/authors/robert-parry
[3] http://www.campaignforliberty.org/national-blog/transcript-of-farewell-address/
[4] http://www.neckdeepbook.com/
[5] http://www.alternet.org/tags/ron-paul
[6] http://www.alternet.org/tags/liberatarian
[7] http://www.alternet.org/tags/farewell-address
[8] http://www.alternet.org/tags/laissez-faire-capitalism
[9] http://www.alternet.org/tags/confederate
[10] http://www.alternet.org/%2Bnew_src%2B

 

Grover Norquist, Enemy of the State?

AlterNet [1] / By Thom Hartmann [2]  November 26, 2012

Excerpt

Is it possible that Grover Norquist, the multi-millionaire K-Street lobbyist long funded by billionaires, is an enemy of the state?…he has connived over the years to get hundreds of members of Congress to violate their own oath of office by pledging a higher oath to keep billionaires’ taxes low than their pledge to the Constitution itself….

And the Constitution, to which they take the Modern Oath, explicitly says that Congress has the explicit power to impose taxes, both to pay for our defense and to provide for the General Welfare of the nation…So, how is it possible that, when the Constitution explicitly says that one of the specific jobs of Congress is to “lay and collect taxes,” and the oath they take explicitly says that they take will do so “without any mental reservation or purpose of evasion,” that a member of Congress could possibly swear an oath to a multimillionaire K-Street lobbyist to refuse to perform one of their Constitutional duties?

…Is not a man who essentially uses threats – blackmail – that billionaire money will be used to politically destroy members of Congress who refuse to sign his pledge an enemy of the state itself – or at least an enemy of the very Constitution that lawmakers have sworn to uphold without mental reservation or evasion?

Grover Norquist has led hundreds of Republican lawmakers to the brink of treason, swearing to him that they will carry into office mental reservations about the taxation power the Constitution gives them.  It’s high time to de-throne Grover, and let Congress go back to doing its Constitutionally-mandated  job of taking care of the nation’s defense and general welfare, instead of just looking out for the nation’s defense contractors and cranky billionaires.

Full text

Is it possible that Grover Norquist, the multi-millionaire K-Street lobbyist long funded by billionaires, is an enemy of the state?

Pretty strong language, but consider that he has connived over the years to get hundreds of members of Congress to violate their own oath of office by pledging a higher oath to keep billionaires’ taxes low than their pledge to the Constitution itself. 

The requirement for Members of Congress to swear an oath to our country is in the Constitution itself, in Article Six:  “The Senators and Representatives … shall be bound by Oath or Affirmation, to support this Constitution…”

So, starting with the first Congress, in 1789, members were sworn in by saying, “I do solemnly swear (or affirm) that I will support the Constitution of the United States.”

But during the Civil War, President Abraham Lincoln supported, and Congress passed on July 2nd, 1862, legislation requiring an oath that added that members of Congress had not previously engaged in any “criminal or disloyal conduct,” which would have included pledging loyalty to the Confederacy.  It was called the “Ironclad Test Oath,” and was designed to keep Confederate sympathizers out of Congress.  If a member swore it, and it was discovered he’d previously violated it by swearing an oath to the Confederacy, he would be prosecuted for perjury.

After the Civil War, that oath was replaced with one that didn’t specifically exclude former members of the Confederacy, but still required members to pledge an oath, first and foremost, to the Constitution.  Now called the “Modern Oath,” it was enacted in 1884 and is used to this day.  Its first sentence says:  “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion;…”

And the Constitution, to which they take the Modern Oath, explicitly says that Congress has the explicit power to impose taxes, both to pay for our defense and to provide for the General Welfare of the nation.  The very first sentence of Article One, Section Eight, says: “The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States;…”

So, how is it possible that, when the Constitution explicitly says that one of the specific jobs of Congress is to “lay and collect taxes,” and the oath they take explicitly says that they take will do so “without any mental reservation or purpose of evasion,” that a member of Congress could possibly swear an oath to a multimillionaire K-Street lobbyist to refuse to perform one of their Constitutional duties?

And what sort of member of Congress would willingly swear an oath to a front man for a small group of billionaires, that that member of Congress would violate the oath he or she swore to follow the Constitution without “mental reservations” or “purpose of evasion”?  Is not a man who essentially uses threats – blackmail – that billionaire money will be used to politically destroy members of Congress who refuse to sign his pledge an enemy of the state itself – or at least an enemy of the very Constitution that lawmakers have sworn to upholdwithout mental reservation or evasion?

Grover Norquist has led hundreds of Republican lawmakers to the brink of treason, swearing to him that they will carry into office mental reservations about the taxation power the Constitution gives them.  It’s high time to de-throne Grover, and let Congress go back to doing its Constitutionally-mandated  job of taking care of the nation’s defense and general welfare, instead of just looking out for the nation’s defense contractors and cranky billionaires.

Source URL: http://www.alternet.org/grover-norquist-enemy-state

Links:
[1] http://www.alternet.org
[2] http://www.alternet.org/authors/thom-hartmann
[3] http://www.alternet.org/tags/taxes-0
[4] http://www.alternet.org/tags/norquist
[5] http://www.alternet.org/%2Bnew_src%2B

The Constitution of the United States

 (Note: The following text is a transcription of the Constitution in its original form.
Items that are underlined have since been amended or superseded. Amendments follow the Constitution. The First 10 amendments are The Bill of Rights.)

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Article. I. 

Section. 1. 

All legislative Powers herein granted shall be vested in a Congress of theUnited States, which shall consist of a Senate and House of Representatives. 

Section. 2. 

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. 

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of theUnited States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. 

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of theUnited States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

 

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

 

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

 

Section. 3.

 

The Senate of the United Statesshall be composed of two Senators from each State, chosen by the Legislature thereof for six Years; and each Senator shall have one Vote.

 

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

 

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of theUnited States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

 

The Vice President of theUnited Statesshall be President of the Senate, but shall have no Vote, unless they be equally divided.

 

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of theUnited States.

 

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of theUnited Statesis tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

 

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under theUnited States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

 

Section. 4.

 

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

 

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

 

Section. 5.

 

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

 

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

 

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

 

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

 

Section. 6.

 

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of theUnited States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

 

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

 

Section. 7.

 

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

 

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it.If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

 

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

 

Section. 8.

 

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

 

To borrow Money on the credit of theUnited States;

 

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

 

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout theUnited States;

 

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

 

To provide for the Punishment of counterfeiting the Securities and current Coin of theUnited States;

 

To establish Post Offices and post Roads;

 

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

 

To constitute Tribunals inferior to the supreme Court;

 

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

 

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

 

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

 

To provide and maintain a Navy;

 

To make Rules for the Government and Regulation of the land and naval Forces;

 

To provide for calling forth the Militia to execute the Laws of theUnion, suppress Insurrections and repel Invasions;

 

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

 

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And

 

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

 

Section. 9.

 

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

 

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

 

No Bill of Attainder or ex post facto Law shall be passed.

 

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

 

No Tax or Duty shall be laid on Articles exported from any State.

 

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

 

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

 

No Title of Nobility shall be granted by theUnited States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

 

Section. 10.

 

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

 

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Article. II.

 

Section. 1.

 

The executive Power shall be vested in a President of theUnited States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

 

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under theUnited States, shall be appointed an Elector.

 

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

 

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout theUnited States.

 

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

 

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

 

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from theUnited States, or any of them.

 

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:–”I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

 

Section. 2.

 

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

 

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

 

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

 

Section. 3.

 

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

 

Section. 4.

 

The President, Vice President and all civil Officers of theUnited States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Article III.

 

Section. 1.

 

The judicial Power of theUnited Statesshall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

 

Section. 2.

 

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;– between a State and Citizens of another State;–between Citizens of different States;–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

 

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

 

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

 

Section. 3.

 

Treason against theUnited States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

 

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Article. IV.

 

Section. 1.

 

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

 

Section. 2.

 

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

 

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

 

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

 

Section. 3.

 

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

 

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to theUnited States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of theUnited States, or of any particular State.

 

Section. 4.

 

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.
Article. V.

 

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Article. VI.

 

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against theUnited Statesunder this Constitution, as under the Confederation.

 

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

 

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Article. VII.

 

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

 

The Word, “the,” being interlined between the seventh and eighth Lines of the first Page, the Word “Thirty” being partly written on an Erazure in the fifteenth Line of the first Page, The Words “is tried” being interlined between the thirty second and thirty third Lines of the first Page and the Word “the” being interlined between the forty third and forty fourth Lines of the second Page.

 

Attest William Jackson Secretary

 

Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,

G. Washington
Presidt and deputy from Virginia

 

Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom

 

Maryland
James McHenry
Dan of St Thos. Jenifer
Danl. Carroll

 

Virginia
John Blair
James Madison Jr.

 

North Carolina
Wm. Blount
Richd. Dobbs Spaight
Hu Williamson

 

South Carolina
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
PierceButler

 

Georgia
William Few
Abr Baldwin

 

New Hampshire
John Langdon
Nicholas Gilman

 

Massachusetts
Nathaniel Gorham
Rufus King

 

Connecticut
Wm. Saml. Johnson
Roger Sherman

 

New York
Alexander Hamilton

 

New Jersey
Wil: Livingston
David Brearley
Wm. Paterson
Jona:Dayton

 

Pennsylvania
B Franklin
Thomas Mifflin
Robt. Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris

 

Congress of the United States begun and held at the City of New York, on Wednesday
the Fourth of March, one thousand seven hundred and eighty nine.

 

THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution

 

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as Amendments to the Constitution of the United States, all or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.:

 

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

 

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

 

Amendment II
A well regulated Militia being necessary to the security of afree State, the right of the people to keep and bear Arms shall not be infringed.

 

Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

 

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

 

Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of theUnited States, than according to the rules of the common law.

 

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

 

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

 

Amendment X
The powers not delegated to theUnited States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

 

AMENDMENT XI
Passed by Congress March 4, 1794. Ratified February 7, 1795.

Note: Article III, section 2, of the Constitution was modified by amendment 11.

The Judicial power of theUnited Statesshall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of theUnited Statesby Citizens of another State, or by Citizens or Subjects of anyForeignState.
AMENDMENT XII
Passed by Congress December 9, 1803. Ratified June 15, 1804.

Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment.

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. --]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of theUnited States.

*Superseded by section 3 of the 20th amendment.
AMENDMENT XIII
Passed by Congress January 31, 1865. Ratified December 6, 1865.

Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.

Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within theUnited States, or any place subject to their jurisdiction.

Section 2.
Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XIV
Passed by Congress June 13, 1866. Ratified July 9, 1868.

Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.

Section 1.
All persons born or naturalized in theUnited States, and subject to the jurisdiction thereof, are citizens of theUnited States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of theUnited States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2.
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4.
The validity of the public debt of theUnited States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither theUnited States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against theUnited States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5.
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

*Changed by section 1 of the 26th amendment.
AMENDMENT XV
Passed by Congress February 26, 1869. Ratified February 3, 1870.

Section 1.
The right of citizens of theUnited States to vote shall not be denied or abridged by theUnited States or by any State on account of race, color, or previous condition of servitude–

Section 2.
The Congress shall have the power to enforce this article by appropriate legislation.
AMENDMENT XVI
Passed by Congress July 2, 1909. Ratified February 3, 1913.

Note: Article I, section 9, of the Constitution was modified by amendment 16.

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
AMENDMENT XVII
Passed by Congress May 13, 1912. Ratified April 8, 1913.

Note: Article I, section 3, of the Constitution was modified by the 17th amendment.

The Senate of theUnited Statesshall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

 

AMENDMENT XVIII
Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21.

Section 1.
After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from theUnited States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2.
The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

 

AMENDMENT XIX
Passed by Congress June 4, 1919. Ratified August 18, 1920.

The right of citizens of theUnited Statesto vote shall not be denied or abridged by theUnited Statesor by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XX
Passed by Congress March 2, 1932. Ratified January 23, 1933.

Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.

Section 1.
The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2.
The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3.
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4.
The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5.
Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.
AMENDMENT XXI
Passed by Congress February 20, 1933. Ratified December 5, 1933.

Section 1.
The eighteenth article of amendment to the Constitution of theUnited States is hereby repealed.

Section 2.
The transportation or importation into any State, Territory, or Possession of theUnited States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
AMENDMENT XXII
Passed by Congress March 21, 1947. Ratified February 27, 1951.

Section 1.
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
AMENDMENT XXIII
Passed by Congress June 16, 1960. Ratified March 29, 1961.

Section 1.
The District constituting the seat of Government of theUnited States shall appoint in such manner as Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2.
The Congress shall have power to enforce this article by appropriate legislation.

 

AMENDMENT XXIV
Passed by Congress August 27, 1962. Ratified January 23, 1964.

Section 1.
The right of citizens of theUnited States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by theUnited States or any State by reason of failure to pay poll tax or other tax.

Section 2.
The Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XXV
Passed by Congress July 6, 1965. Ratified February 10, 1967.

Note: Article II, section 1, of the Constitution was affected by the 25th amendment.

Section 1.
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2.
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3.
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4.
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
AMENDMENT XXVI
Passed by Congress March 23, 1971. Ratified July 1, 1971.

Note: Amendment 14, section 2, of the Constitution was modified by section 1 of the 26th amendment.

Section 1.
The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

Section 2.
The Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XXVII
Originally proposed Sept. 25, 1789. Ratified May 7, 1992.

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.