A Challenge to the Tea Party: Amend the Constitution

Still opposed by over half of the country, several methods to overturn the Democrats’ health care plan are in play. While many focus on the 2010 and 2012 election cycles, electoral success may not be sufficient for repeal. Even if Republicans make wide gains in 2010, they would need President Obama to repeal health care reform—his signature domestic policy accomplishment. The 2012 elections could prove promising if Republicans were to regain filibuster proof control of the Senate, the presidency, and the House. Even if the repeal effort is successful, no purely legislative act could prevent a similar government power grab from happening again. Nor can any of the individual mandate challenges hoping for a hearing in our federal courts. A permanent solution is needed to stave off America from fiscal disaster, of which our new health care entitlement is but one part.

We suggest that developing a grassroots network to adopt three constitutional amendments that would regain permanent control of the federal government. The first would outlaw the government mandating anyone to buy insurance or the government providing health care outside of pre-2009 programs. The second would require a two-thirds majority to raise the rates of any Federal taxation. The third amendment would require the Federal government to maintain a balanced budget, exempting specific wartime spending requests. We believe these three amendments would be the only way to permanently fix America’s impending financial catastrophe. As constitutional amendments are much like the lottery (many try to play, few win), it’s important to understand the uniqueness of our moment in history, and the impact of the Amendment process.

Why a Constitutional Amendment? Outside of the Bill of Rights, subsequent constitutional amendments were passed in light of profound social movements. After the Civil War, three amendments were passed that enshrined into law the goals of the abolitionists. The Progressive movement in the early 20^th Century was responsible for the 16th through 19^th Amendments (plus the 21^st to reverse the 18^th). Lastly, the 23^rd, 24^th, and 26^th Amendments were pushed forth by the Civil Rights movement/New Left. All of these periods of Constitutional change were due to transformative social movements.

We believe that the Tea Party movement is a similarly consequential movement. It is historically unique because it is the first grassroots movement that aims towards less government involvement, not more. The number of political newcomers within its ranks maximizes its political potency. The impact of the Tea Party movement has prompted idiosyncratic Democratic pollster Pat Caddell to call it the most powerful political movement since the 1960’s antiwar movement. Directing their political force towards these three constitutional amendments gives limited government advocates their best chance to enshrine permanent guarantees against entitlement-expansion.

Working towards constitutional amendments rather than ordinary legislation hits at the heart of the extraordinary entitlement mentality governing federal spending. No process within our political system requires as much national consensus as a constitutional amendment. And no challenge faced by our political process requires more of a cultural change than the fiscal recklessness inherent to treating government as the proverbial “sugar daddy.” If any political process can ameliorate such a pervasive cultural attitude, it can only be the national dialogue and supermajority consensus within the constitutional amendment process.