By Garrett Epps
January 20, 2011
This article appeared in the February 7, 2011 edition of The Nation.
This essay is adapted from a work in progress, tentatively titled Unhinged: Reclaiming Our Constitution From the Lunatic Right.
In October I spent a crisp Saturday in the windowless basement of a suburban Virginia church attending a seminar on "The Substance and Meaning of the Constitution." I was told the secrets the "elite" have concealed from the people: the Constitution is based on the Law of Moses; Mosaic law was brought to the West by the ancient Anglo-Saxons, who were probably the Ten Lost Tribes of Israel; the Constitution restores the fifth-century kingdom of the Anglo-Saxons.
There's more: virtually all of modern American life and government is unconstitutional. Social Security, the Federal Reserve, the Environmental Protection Agency, the Civil Rights Act of 1964, hate crime laws—all flatly violate God's law. State governments are not required to observe the Bill of Rights; the First Amendment establishes "The Religion of America," which is "nondenominational" Christianity.
The instructor was Lester Pearce, an Arizona judge and the brother of state senator Russell Pearce, author of Arizona's anti-immigrant law, SB 1070. (Perhaps not surprising, Lester tended to digress about how he cracks down on Mexican immigrants in court.) Pearce got rapt attention from the fifty people in the audience, although one boy near me spent his time perfecting a detailed sketch of an assault rifle.
These were earnest citizens who had come to learn about America and its Constitution. What they were being taught was poisonous rubbish.
Americans today are frightened and disoriented. In the midst of uncertainty, they are turning to the Constitution for tools to deal with crisis. The far right—the toxic coalition of Fox News talking heads, radio hosts, angry "patriot" groups and power-hungry right-wing politicians—is responding to this demand by feeding their fellow citizens mythology and lies.
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Garrett Epps, a law professor at the University of Baltimore and a former reporter for the Washington Post, is a legal correspondent for The Atlantic Wire. He is the author of Democracy Reborn: The Fourteenth Amendment and the Fight for Equal Rights in Post-Civil War America.