Pulse of the Peninsula: American Revolution is not unique

Karen Rubin

It is interesting that we celebrate July 4 – the day the Declaration of Independence was signed – rather than Oct. 19, 1781, when  the Revolutionary War ended with Cornwallis’ surrender at Yorktown, VA, or  November 30, 1782, when the Articles of Peace were signed and the nascent nation came into its own, or September 17, 1787, the day the Constitution setting out the architecture for this revolutionary form of “government by the people” was passed, or June 21, 1788, the date that the Constitution was ratified by the 9th state, the necessary number to become binding (note, in no state was there 100% approval for the new Constitution, and it failed in Rhode Island by a vote of 237-2708).  These so-called “freedom fighters” don’t even celebrate September 25, 1789, when the Bill of Rights – the first 10 Amendments – passed Congress or December 15, 1791 when the Bill of Rights were ratified.

At the time of the Revolutionary War, there was not universal support for independence, either: about 20% of the population (500,000) were Loyalists or Tories – about the same percentage by some estimates who are Tea Party people today. 

Indeed, the Civil War wasn’t the first rebellion either. In July 1794, in a scene reminiscent of the standoff at the Bundy Ranch in Nevada, President George Washington brought out 13,000 militia provided by the governors of Virginia, Maryland, New Jersey and Pennsylvania to squash the Whiskey Rebellion by farmers protesting a tax on grain they used to make whiskey, who used violence and intimidation to prevent federal officials from collecting the tax. The climax came when a US marshal arrived to serve writs to distillers who had not paid the excise. The alarm was raised, and more than 500 armed men attacked the fortified home of tax inspector, General John Neville. Washington initially sent peace commissioners to negotiate with the rebels. When that didn’t work, Washington rode at the head of an army to suppress the insurgency. The rebels all went home before the arrival of the army, and there was no confrontation. About 20 men were arrested, but all were later acquitted or pardoned.

“The Whiskey Rebellion demonstrated that the new national government had the willingness and ability to suppress violent resistance to its laws.”

Deja vu all over again.

 July 4 is like Christmas to these people, who have misappropriated the notion of “independence” and what it means to be “free” or  “a free people” in the same way the jihadists have misappropriated the Koran for their political purpose. 

Independence to these folks means no government authority at all (Somalia would be the appropriate model), guns everywhere, no taxes (that is what the “TEA” in Tea Party stands for: Taxed Enough Already). Their enemies are immigrants, the Environmental Protection Agency, and the Department of Education. Also Democrats. 

Their hero isn’t a John Adams or a James Madison or, heaven forbid, a Thomas Jefferson (separation of church and state) or the science-minded Ben Franklin figure. He is a deadbeat who has refused to pay proper fees for the use of federal (the People’s) property. They armed themselves against federal officials from the Bureau of Land Management, hoping, praying for an excuse to shoot one, and for one of their own (preferably one of the women or children they stuck in the front) to be shot in order to trigger widespread revolution. When that didn’t happen, two of them hoped to set off the revolution on their own by assassinating two police officers sitting at a lunch counter.

There is nothing unique or exceptional about the American Revolution. As it turns out, revolutions, rebellions, civil wars are all too common – there are probably a dozen going on right now, including Iraq and Syria. Indeed, America has gone through two Revolutionary Wars (at least two involving warring armies). What Lincoln accomplished though is the rarity: preserving the union, keeping the United States of America on a path toward progress, indeed, unparalleled power in the world. Had the Confederacy won independence, it likely would have become a vassal of England and very probably the Union would have become a minor state, as well. 

But these Tea Party diehards, whose national flag is emblazoned with the slogan “Don’t Tread on Me” have not accepted the outcome of the War Between the States (more commonly known in the South as the “War of Northern Aggression”). Just as they brand Lincoln a war criminal, now, they trump a notion of Obama as a tyrant, a dictator, an illegitimate leader (the only illegitimate president was George W. Bush who was installed by the Supreme Court), warranting a replay of the Revolutionary War.

Let’s see what’s got the Tea Baggers so exorcised: EPA, Dreamers, delaying enforcement of a particular rule regarding Obamacare.

The latest cause celebre involves Obama’s decision to five Taliban commanders who were being held at the detention center at Guantanamo Bay, Cuba in order to win the release of Army Sgt. Bowe Bergdahl, the sole remaining U.S. military prisoner of war.

Under a law signed by Obama in December, the defense secretary needed to notify Congressional committees at least 30 days before transferring anyone from Guantanamo Bay (another move by Congress to derail Obama’s intent to shut down the unconstitutional prison) and provide assurances that those released would not be in a position to again threaten the United States or its interests.

Instead, Obama informed Congress two days after the detainees were sent to Qatar.

But Obama asserted that his action did not violate the 2014 National Defense Authorization Act, because when he signed it, he also inserted a signing statement, declaring his position that the requirement was potentially unconstitutional.

“The executive branch must have the flexibility, among other things, to act swiftly in conducting negotiations with foreign countries regarding the circumstances of detainee transfers,” Obama stated in December 2013 when he signed the bill.

Rightwingers howled that executive orders and signing statements define Obama as a monarch, a tyrant, a dictator. 

In point of fact, Obama has signed fewer executive orders and fewer signing statements (which W used to negate legislation) than every president in 2 lifetimes. 

Remarkably, they didn’t complain that Bush was a tyrant when he eavesdropped on Americans without warrant, tortured prisoners, held people without charges or due process indefinitely, lied to Congress and the American people in order to launch a war.

Indeed, Supreme Court Justice Alito said during his confirmation hearings that he subscribed to the “unitary executive” theory that the President possesses the power to control the entire executive branch. that is while a Republican controls the office. While in the Reagan administration, he helped expand the practice of presidential statements upon signing of legislation. 

The so-called “Patriots” don’t have a clue about democracy – like any ideological fanatical cult, they think that compromise or, indeed, any rational solution, is heresy.

And if they can’t get their way at the ballot box – even after exercising every conceivable form of voter suppression and trick and advantage (those with more cash have more control over political speech) – they nullify elections through recall (Colorado, California), impeachment (Clinton), trample the will of the majority through filibuster (Senate), repeal (House), lawsuits (could you imagine Democrats suing the Bush Administration over the Patriot Act as Republican AGs did over health care reform?). And when none of this works, they shut down the government altogether and threaten the full faith and credit of the United States (in violation of the Constitution).

Now they have found a new tactic. Despite the Constitution’s prohibition against suing the President (which the Supreme Court set aside in allowing the civil lawsuit against Clinton go forward), Boehner announced his intention to sue Obama for doing what presidents have always done: signed executive orders.

This is a Republican-dominated Congress that has pledged to block every initiative the president advances, has shut down the government, and basically has violated their oath of office, and now claims to be entitled to sue the President for doing his job.

“The Constitution makes it clear that a president’s job is to faithfully execute the laws; in my view, the president has not faithfully executed the laws,” Boehner told reporters. “And when there’s conflicts like this between the legislative branch and the administrative branch it’s, in my view, our responsibility to stand up for this institution in which we serve.”

What about Congress’ obligations to serve the interest of the people?

But in the absence of Congressional action, Obama has use executive authority to halt the deportation of young illegal immigrants brought to the country by their parents as children, raise the minimum wage for employees of federal contractors, and allow the Environmental Protection Agency to curb carbon emissions from coal plants.

This roils Boehner, who has refused to allow a vote on the comprehensive immigration bill that the Senate passed, and refused to allow a vote to adopt a budget in order to avoid a government shutdown, without extorting repeal or evisceration of Obamacare (which now Boehner says is the basis for the lawsuit, in that Obama delayed the implementation of one provision), and has attempted over and over again to roll back environmental, consumer and financial protections.

“I believe the House must act as an institution to defend the constitutional principles at stake and to protect our system of government and our economy from continued executive abuse,” he stated. “The president has an obligation to faithfully execute the laws of our country.”

The nation did not elect “a monarch or king,” added the Speaker, who purports to speak for “all Americans.” 

White House Press Secretary Josh Earnest responded to Boehner’s intention to sue the President saying, “What the President has also said is that, where necessary, he’s willing to take action on his own, using the executive authority that’s vested in the presidency to advance the cause of expanding economic opportunity for the middle class and strengthening our economy overall. 

“So for a long time we’ve seen Republicans block progress in Congress, a range of bills that would promote economic strength.  But in this case, it seems that Republicans have shifted their opposition into a higher gear.  Frankly, it’s a gear that I didn’t know previously existed.  The fact that they are considering a taxpayer-funded lawsuit against the President of the United States for doing his job I think is the kind of step that most Americans wouldn’t support.”

Last week, Obama went on the road to speak with individuals who have written  him letters, in order to make the point about his concern for the plight of struggling Americans, and called out Republicans for their obstruction.

“The problem is, Republicans in Congress keep blocking or voting down almost every serious idea to strengthen the middle class,” President Obama said in remarks at the Lake Harriet Band Shell in Minneapolis.  “This year alone, they’ve said no to raising the minimum wage, no to fair pay, no to student loan reform, no to extending unemployment insurance.  And rather than invest in education that helps working families get ahead, they actually voted to give another massive tax cut to the wealthiest Americans.

“This obstruction keeps the system rigged for those at the top, and rigged against the middle class.  And as long as they insist on doing it, I’ll keep taking actions on my own – like the actions I’ve taken already to attract new jobs, lift workers’ wages, and help students pay off their loans.  I’ll do my job.  And if it makes Republicans in Congress mad that I’m trying to help people out, they can join me, and we’ll do it together.

“The point is, we could do so much more as a country – as a strong, tight-knit family – if Republicans in Congress were less interested in stacking the deck for those at the top, and more interested in growing the economy for everybody.  

“So rather than more tax breaks for millionaires, let’s give more tax breaks to help working families pay for child care or college.  Rather than protect tax loopholes that let big corporations set up tax shelters overseas, let’s put people to work rebuilding roads and bridges right here in America.  Rather than stack the decks in favor of those who’ve already succeeded, let’s realize that we are stronger as a nation when we offer a fair shot to every American….

“And my message to Republicans is:  Join us.  Get on board.  If you’re mad at me for helping people on my own, then why don’t you join me and we’ll do it together?  We’ll do it together.  I’m happy to share the credit.  You’re mad at me for doing some things to raise the minimum wage, let’s pass a law — Republicans and Democrats giving America a raise. 

“If you’re mad at me for taking executive action to make it easier for women to find out if they’re not getting treated fairly in the workplace, let’s do it together.  You can share the credit.  You’re worried about me trying to fix a broken immigration system, let’s hold hands and go ahead and make sure that this country continues to be a nation of laws and a nation of immigrants.  I want to work with you, but you’ve got to give me something.  You’ve got to try to deliver something — anything….  

“If they were more interested in growing the economy for you, and the issues that you’re talking about, instead of trying to mess with me — then we’d be doing a lot better.  That’s what makes this country great, is when we’re all working together.  That’s the American way.”

And he offered this take on July 4 patriotism – less deconstruction and more construction:

“Now more than ever…we should try to rally around some economic patriotism that says we rise or fall as one nation and one people.  Let’s rally around the idea that instead of giving tax breaks for millionaires, let’s give more tax breaks for working families to help pay for childcare or college. 

“Instead of protecting companies that are shifting profits overseas to avoid paying their fair share, let’s put people to work rebuilding our roads and our bridges and our airports.  Let’s invest in manufacturing startups so that we’re creating good jobs making products here in America, here in Minnesota.  Rather than stack the deck in favor of those who have already got an awful lot, let’s help folks who have huge talent and potential and ingenuity but just need a little bit of a hand up so that we can tap the potential of every American.  

“I mean, this isn’t rocket science.  There are some things that are complicated — this isn’t one of them.  Let’s make sure every 4-year-old in America has access to high school — high-quality preschool — so that moms like Rebekah and dads like Ben know their kids are getting the best quality care and getting a head start on life.  Let’s redesign our high schools to make sure that our kids are better prepared for the 21st century economy.  Let’s follow the lead of Senator Franken and Secretary Perez and give more apprenticeships that connect young people to rewarding careers.  

“Let’s tell every American if they’ve lost their job because it was shipped overseas, we’re going to train you for an even better one.  Let’s rally around the patriotism that says our country is stronger when every American can count on affordable health insurance and Medicare and Social Security, and women earn pay equal to their efforts, and family can make ends meet if their kid get sick, and when nobody who works full-time is living in poverty.  We can do all these things.”

This is surely the tirade of a tyrant. 

Indeed, what seems to have been lost in the smoke of the explosives is the fact that July 4 celebrates our government – still one of the great revolutionary experiments in human history – and a process by which we choose representatives and political leaders.

It is the difference between a belief system that says that government is evil and needs to be torn down, and one that says government can do good things for its people.

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