A Lifetime of "You're On Your Own"

By Faiz Shakir, Benjamin Armbruster, George Zornick, Zaid Jilani, Alex Seitz-Wald, Ian Milhiser, and Tanya Somanader
Think Progress
Oct. 21, 2010


RADICAL RIGHT

More than seventy years ago, the Supreme Court abandoned a brief, disastrous experiment with "tentherism," a constitutional theory that early twentieth century justices wielded to protect monopolies, strip workers of their right to organize and knock down child labor laws. This discredited constitutional theory is back -- with a vengeance -- endangering Medicare, Social Security, the minimum wage and even the national highway system and America's membership in the United Nations. For the first time in three generations, the right is fielding a slate of candidates convinced that any attempt to better the lives of ordinary Americans violates the Constitution -- while a number of sitting lawmakers such as Reps. John Shadegg (R-AZ) and Donald Manzullo (R-IL) are already actively pushing tentherism from within the Congress. Make no mistake, this agenda threatens all Americans, from the youngest schoolchild to the most venerable retirees.

SLAMMING SCHOOLHOUSE DOORS: Tentherism's core tenet is that the 10th Amendment must be read too narrowly to permit much of the progress of the last century. Thus, for example, because the Constitution doesn't actually use the word "education" -- it instead gives Congress broad authority to spend money to advance the "common defense" and "general welfare" -- Senate candidates like Ken Buck (R-CO) and Sharron Angle (R-NV) claim that the federal Department of Education is unconstitutional. That means no federal student loan assistance or Pell Grants for middle class students struggling to pay for college, and no education funds providing opportunities to students desperately trying to break into the middle class. And that's hardly the worst news tenthers have in store for young Americans. Alaska GOP Senate candidate Joe Miller wants to declare child labor laws unconstitutional -- returning America to the day when ten-year-olds labored in coal mines.

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