Wednesday, October 20, 2010

The Tea Party: Full of Insignificant Sound and Fury

I find myself again needing to wash my mouth out with soap, having engaged in another round of WTF with no expletives deleted. When I was a child my mother temporarily banned me from watching Lassie. I would cry so hard every time Timmy got lost, fell down an abandoned mine shaft, or was otherwise in peril (pretty much a weekly occurrence) that my mother was concerned about my emotional well being. I'm thinking that maybe I should ban myself from watching or reading any news; my vocabulary is in danger of becoming that of an old sailor.

My latest round of profanity was in response to Tuesday's debate between Christine O'Donnell (R) and Chris Coons (D), both candidates for Delaware's U.S. Senate seat. Although nominally a Republican, O'Donnell has aligned herself with the Tea Party platform. During the debate, held at Widener University Law School, the subject of religion and the law arose. Coons asserted that the separation of church and state provisions of the Constitution prohibits teaching Creationism in public schools (O'Donnell prefers the term Intelligent Design). O'Donnell countered with, "Where in the Constitution is separation of church and state?"

The audience, consisting mostly of law students gasped in horror but before you join them, take a gander at O'Donnell's follow-up observation to Coons assertion that the First Amendment establishes a separation of church and state, "The First Amendment does? ... So you're telling me that the separation of church and state, the phrase 'separation of church and state,' is in the First Amendment?" (emphasis added)

Technically, O'Donnell is correct. The text of the first amendment does not include the phrase "separation of church and state." The phrase is not found in the U.S. Constitution at all. The First Amendment states: "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."

O'Donnell is a nut job but already the conservative media has put a different spin on her remarks, declaring that O'Donnell was pointing out the lack of any specific phrase in the Constitution proclaiming that there is to be a separation of church and state. I doubt that O'Donnell was really parsing out the language of the Constitution but was instead clueless as to the consistent interpretation of the 1st amendment. Technically, the phrase "separation of church and state" does not appear at all in the Constitution. The concept of separation of church and state is derived from the Establishment Clause of the 1st amendment. I wish that Coons had countered with that observation rather than sparring with O'Donnell as to whether the First Amendment literally contained the words separation of church and state; it doesn't.

I'm not just nitpicking. I've been thinking about how the far right has commandeered this election year and determined the parameters of the issues up for debate. I think that we have to reframe the argument. We can't afford to be sloppy with language.

O'Donnell didn't lose any votes because of her gaffe. If Coons had acknowledged that the precise phrase is not in the Constitution but that the language that is there was interpreted in the writings of no less than Thomas Jefferson to mean that there is a wall of separation between government and religion, then he would have deflated O'Donnell's argument and her ego. Many historians and students of the law trace the phrase "separation of church and state" to a letter written in 1802 by Thomas Jefferson in which he observed that the First Amendment built "a wall of separation between Church and State." There is also a couple of hundred years of jurisprudence that has consistenly interpreted the language of the First Amendment regarding religion, aka the Establishment Clause, as calling for the government to refrain from being in the business of promoting or censoring religious belief or lack thereof. In spite of O'Donnell's protestations to the contrary, separation of church and state has long been established as a valid Constutional interpretation solidly grounded in the First Amendment.

Of course the audience of law students scoffed because they understood the jurisprudence interpreting and applying the 1st amendment, but has the average American even read the Constitution outside of a cursory reading in some middle or high school civics class, let alone studied it? Even if they have read the Constitution, it's likely that they will agree with O'Donnell that there is no mention of separation of church and state in the Constitution. To understand the meaning of the U.S. Constitution takes more than simply reading the words.

Die hard Tea Party members are not likely to be persuaded to change their beliefs no matter how succinct and valid the argument. However, there are a lot of people who are angry with the status quo and bewildered by all the voices claiming to offer solutions. They need clear, straightforward information that they can use to make jugments as to which voices speak with truth and honesty. O'Donnell speaks as if she's their friend and there are a lot of disenchanted people who are anxious to believe that she has their best interests at heart.

The left needs to take a lesson from Toto and pull back the curtain to reveal that O'Donnell is just a bad magic act, hiding behind a curtain, pretending that she's the Wizard of the Right. To do that we have to stop merely shaking our heads in laughter and declaring O'Donnell and her political cohorts to be appropriate objects of ridicule. We need to offer people another reality by exposing that the Tea Party rhetoric is filled with sound and fury but signifies absolutely nothing.

12 comments:

  1. Sheria, on all fronts, it seems, the tea baggers think of themselves as above, beyond, and outside proper conduct and law. The candidate from Alaska thinks nothing of handcuffing a reporter; the candidate from Nevada thinks a ‘second amendment remedy” should decide elections; the candidate from New York sends bestiality email to his buddies.

    Earlier this evening, this story caught my attention: Virginia Thomas Demands Apology from Anita Hill. One would think the wife of a Supreme Court Justice would know better than to leave a voicemail message on the telephone answering machine of her husband’s former accuser.

    Virginia Thomas said in a statement Tuesday that she was "extending an olive branch" to Hill, now a Brandeis University professor, in a voicemail message left over the weekend.
    In a transcript of the message provided by ABC News, which said it listened to the recording, Thomas identified herself and then said, "I just wanted to reach across the airwaves and the years and ask you to consider something. I would love you to consider an apology sometime and some full explanation of why you did what you did with my husband. So give it some thought and certainly pray about this and come to understand why you did what you did. OK, have a good day," Thomas said.

    When Hill heard the voicemail, she contacted Brandeis' public safety office, which in turn informed the FBI [my bold].

    "I certainly thought the call was inappropriate," Hill, who worked for Clarence Thomas in two federal government jobs, said in a statement released Tuesday night.

    "I have no intention of apologizing because I testified truthfully about my experience and I stand by that testimony," she added
    .

    Does the behavior of Virginia Thomas meet the definition of harassment? Emotional blackmail? Intimidation?

    Restraining order, anyone!

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  2. Just read about the O'Donnell slip-up today myself...both hilarious and sad at the same time :( i guess some tea partiers just need the Constitution spelled out for them in 3-syllable-or-less vocabulary. Great writeup!

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  3. O'Donnell is perhaps even nuttier than Palin and that's hard to top. If she wins, I think we've crossed the rubicon towards a permanent idiocracy.

    As for soap to mouth, keyboard or mouse...I ran out yesterday ;)

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  4. Very well done. You should do this professionally -- oh, well, I forgot -- never mind! ;-)

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  5. Sheria, O'Donnell has some stiff competition this (and not only) election season. These candidates are unbeatable, I'm afraid.

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  6. Sheria,

    Enjoyed your fine post as always.

    What the Tea Party's rhetoric signifies to me, or, A Dollop of Dino-Pessimism for Your Morning Commute:

    I believe the ignorance we see today (as manifested in the popularity of patent know-nothings for high office) has to do with the tendency for a culture's values to become hollowed-out shells of the robust beliefs and traditions they once were. It happens in religions and politics alike. One might think of the Constitution as a kind of intellectual/civic edifice once inhabited mainly by people who knew its origins and purpose, but now inhabited mainly by uncomprehending dwellers who have no idea how the building got there or what its true purpose is. They just go about their business in and around it, while perhaps a few technicians here and there -- specialists in such matters (constitutional scholars and lawyers, for example) -- know the thing's past and its fullest potential. But eventually such an edifice will crumble if it is not understood, not maintained. That's what I think is happening now, and it's why I suspect that if things continue to break this way for long, this generation could be the last one to enjoy a republic in America for quite some time. Democratic forms of government may live on in ghostly form for a while, but they die when the civic spirit and traditions that animated them dwindle and disappear. Unfortunately, such a democratic structure can only be rebuilt by those who have learned its purpose and necessity from sad experience: from the oppression, outrage and hardship that come with living unfree.

    John Milton, himself one of Cromwell's Puritan Saints, was dismayed back in the 1640's by what he called the new "forcers of conscience" threatening to supplant the oppression practiced by England's old church/state complex with a new one. We might call our teabaggers and religious fanatics something similar – many of them would no doubt jump at the chance to force their religion and caveman civics on the rest of us, and fancy phrases like "establishment clause" are nothing but a tiresome burden to such troglodytes. They are the power within self-government that can always use democracy to destroy democracy, and they're working at it twenty-four hours a day just now.

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  7. To understand this tea bagging phenomenon, perhaps we should ask ourselves: Wo are the real people in positions of power? Who decides what will be produced, consumed, and distributed? Who makes the decisions that will effect people's lives?

    The purpose of politics (read: propaganda) is to shape information in such a way as to reflect the distribution of power. Those in power want to marginalize the electorate so the people are no longer a cohesive force, and the best way to accomplish this is to 'atomize" them into angry, polarized fragments. People in power use wedge politics and fear mongering as a distraction, when their real purpose is to sneak under the tent and steal with impunity.

    This the way I see the tea baggers: As tools for the plutocrats who are trying to steal our democracy out from under us. In other words, follow the money.

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  8. Elizabeth,

    "Michael Sharp" is a formidable candidate! Sister Sarah can forget any hopes she may have harbored for Moose-Dresser in Chief 2012 right now. She knows too much -- we don't need any o' them persnickety Washington elite technocrat moose-dressers tellin' US what ta do!

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  9. Sheria - if ever I need a lawyer, I would want you on my side!
    Excellent post and acutely sharp analysis of the kind of ignorant rhetoric that passes for a political platofrm these days.
    Depressing as hell but it is what we are up against.

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  10. rocky, I have a cofession to make, I love the law! I am continually fascinated by the potential of the Constitution and how it is that a bunch of landowners, many of whom owned slaves, all of whom were white males, generated a document that is so organic that it has served to carve out rights for women and minorities who were not contemplated as having those rights by the majority of the original drafters. If you ever need legal representation, just call. I really enjoy being in the courtroom.

    dino, definitely pessimistic but nonetheless an excellent metaphor--the Constitution as a dwelling now occupied by lunatic tenants.

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  11. Elizabeth, thank you for providing the link to hours of fun! I was not familiar with this site and I'm having a fine time watching the videos.

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  12. Hoorah, Sheria! The best commentary on this news item that I've read so far! Not surprised; just continually impressed! And grateful.

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