Volokh Conspiracy: Targeting the Constitution
It is now well known that the IRS targeted tea party organizations. What is less well known, but perhaps even more scandalous, is that the IRS also targeted those who would educate their fellow citizens about the United States Constitution.
According to the inspector generals report (pp. 30 & 38), this particular IRS targeting commenced on Jan. 25, 2012 the beginning of the election year for President Obamas second campaign. On that date: the BOLO [be on the lookout] criteria were again updated. The revised criteria included political action type organizations involved in educating on the Constitution and Bill of Rights.
Grass-roots organizations around the country, such as the Linchpins of Liberty (Tennessee), the Spirit of Freedom Institute (Wyoming), and the Constitutional Organization of Liberty (Pennsylvania), allege that they were singled out for special scrutiny at least in part for their work in constitutional education. There may have been many more.
The tea party is viewed with general suspicion in some quarters, and it is not difficult, alas, to imagine the mindset of the officials who decided to target tea party organizations for special scrutiny. But federal officers swear an oath to support and defend the Constitution of the United States against all enemies, foreign and domestic. It is chilling to think that these same officials who are suspicious of the tea party are equally suspicious of the Constitution itself.
What is most corrosive about this IRS tripwire is that it is triggered by a particular point of view; it is not, as First Amendment scholars say, viewpoint-neutral. It does not include obfuscating or denigrating the Constitution; only those involved in educating on the Constitution are captured by this criterion. This viewpoint targeting potentially skews every national debate about politics or government. And the skew in not strictly liberal; indeed, it should trouble liberals as much as conservatives. The ultimate checks on executive power are to be found in the United States Constitution. Insidiously, then, suppressingthose involved in educating on the Constitution actually skews national debatein favor of unchecked executive power.
For example, this IRS tripwire would not be triggered by arguing that the NSA should collect the phone records of every American citizen. But it would be triggered by teaching that the Fourth Amendment forbids unreasonable searches and seizures. This tripwire would not be triggered by arguing that the president shouldunilaterally suspend politically inconvenient provisions of federal law, like ObamaCare. But it would be triggered by teaching that, under Article II, section 3, the president shall take care that the laws be faithfully executed. This tripwire would not be triggered by arguing that the president should appoint NLRB members unilaterally. But it would be triggered by teaching that, under Article II, section 2, such appointments require the Advice and Consent of the Senate. This tripwire would not be triggered by arguing that the president shouldtarget and kill U.S. citizens abroad. But it would be triggered by teaching that, per the Fifth Amendment, no person shall be deprived of life without due process of law. This tripwire would not be triggered by arguing that the president should declare war unilaterally. But it would be triggered by teaching that, under Article I, section 8, Congress shall have Power To declare War. In short, the IRS was on the lookout, not for those who preach unlimited executive power, but for those who would teach about constitutional constraints.
Even more to the point, perhaps, this IRS tripwire would not be triggered by arguing that the IRS should discriminate against the tea party. But it would be triggered by teaching that such discrimination constitutes unfaithful execution of the tax laws. And thus, alas, there is a perverse logic to targeting constitutional educators alongside tea party organizations. Political discrimination in the administration of the tax laws is not merely outrageous, as Obama has said; it is an assault on our constitutional structure itself. For an official who has chosen to go down this road and target the tea party, there is an Orwellian logic to targeting constitutional educators as well. After all, they are the ones who might shed light on this very point.
This is a new low for American government targeting those who would teach others about its founding document. Forty years ago, President Richard Nixon went to great lengths to try to conceal the facts of his constitutional violations, but it never occurred to him to conceal the meaning of the Constitution itself, by targeting its teachers. Politicians have always been tempted to try to censor their political adversaries; but none has been so bold as to try to suppress constitutional education directly. Presidents have always sought to push against the constitutional limits of their power; but never have they targeted those who merely teach about such limits. In short, never before has the federal government singled out for special scrutiny those who would teach their fellow citizens about our magnificent Constitution. This is the new innovation of Obamas IRS.
We the People do not yet know who first decided to target political action type organizations involved in educating on the Constitution and Bill of Rights. But there is at least one person who does know. Ironically, though, Lois Lerner, former director of the Exempt Organizations Division of the IRS, is making full use of her own constitutional education: I have been advised by my counsel to assert my constitutional right not to testify . One of the basic functions of the Fifth Amendment is to protect innocent individuals, and that is the protection Im invoking today.
Five years ago, Obama, our constitutional law professor-in-chief, presented his first, ringing Constitution Day proclamation: To succeed, the democracy established in our Constitution requires the active participation of its citizenry. Each of us has a responsibility to learn about our Constitution and teach younger generations about its contents and history. Quite so. Perhaps this year, Obama could explain why his IRS would target those who answered this call.
Continue reading here:
Volokh Conspiracy: Targeting the Constitution
- York Bake Off stars urge people to raise funds for vital cause - by hosting tea party - Yahoo Home - July 24th, 2025 [July 24th, 2025]
- Brevard Federated Republican Women Celebrate 75 Years of Sisterhood With Tea Party, Fashion Show - Space Coast Daily - July 22nd, 2025 [July 22nd, 2025]
- Axe Vale Canoe Club hosts tea party and river paddle - Midweek Herald - July 22nd, 2025 [July 22nd, 2025]
- The Tea Party, Headstones and Finger Eleven to perform at Caesars Windsor - CTV News - July 22nd, 2025 [July 22nd, 2025]
- The Tea Party, Headstones & Finger Eleven Bring Canadian Rock History To The Colosseum This December - windsoriteDOTca News - July 22nd, 2025 [July 22nd, 2025]
- Midsummer Afternoon Tea party at Cottonwood Mansion - The Haldimand Press - July 18th, 2025 [July 18th, 2025]
- Norfolk hospital support group hosting tea party support group - Great Yarmouth Mercury - July 18th, 2025 [July 18th, 2025]
- Friends of the Athenaeum Host Annual Afternoon Tea Party - The North Star Monthly - July 16th, 2025 [July 16th, 2025]
- You Can Attend A Reimagined Six-Course Mad Hatter's Tea Party At This Glasgow Restaurant This Summer - And It's Only Available For A Limited Time -... - July 16th, 2025 [July 16th, 2025]
- How the Tea Party 'abandoned its small-government principle' and became a Trump 'personality cult' - Alternet - July 16th, 2025 [July 16th, 2025]
- Care home celebrates Alice in Wonderland Day with Mad Hatter tea party - Basingstoke Gazette - July 16th, 2025 [July 16th, 2025]
- First Primrose Tea Party raises nearly 2k for hospice in Bromsgrove - bromsgroveadvertiser.co.uk - July 16th, 2025 [July 16th, 2025]
- Fancy Nancy tea party invited children and their favorite teddy bear - Orange County Register - July 14th, 2025 [July 14th, 2025]
- Care home throws Mad Hatter's Tea Party for Alice in Wonderland Day - Daily Echo - July 14th, 2025 [July 14th, 2025]
- Women in military honored at tea party hosted by American Legion - WALB - July 14th, 2025 [July 14th, 2025]
- Tea Party by TeaMarrr - notion.online - July 12th, 2025 [July 12th, 2025]
- Garden tour and tea party set for July 15 at Plover library - Point/Plover Metro Wire - July 12th, 2025 [July 12th, 2025]
- How Much Tea Was Dumped During the Boston Tea Party? - Britannica - July 12th, 2025 [July 12th, 2025]
- Stoke-on-Trent Smashes Guinness World Record with Big Centenary Tea Party! - FE News - July 12th, 2025 [July 12th, 2025]
- Manchester goes mad for Oasis: Cardiff will look like a tea party compared to this - telegraph.co.uk - July 12th, 2025 [July 12th, 2025]
- Is there really a Tea Party within the Democrats? The answer may surprise you - rawstory.com - July 10th, 2025 [July 10th, 2025]
- Tea Party experience open to the public at AC Hotel Saturday - Madison County Journal - July 10th, 2025 [July 10th, 2025]
- A Taste of Wonderland: Six by Nico Introduces Mad Hatters Tea Party Menu for Summer - Dublin Town - July 10th, 2025 [July 10th, 2025]
- Bristol restaurant to introduce 'Mad Hatter's Tea Party' menu for summer - here's what to expect - BristolWorld - July 10th, 2025 [July 10th, 2025]
- Wonderland Tea Party returns for a third year of whimsical fun - veronapress.com - July 8th, 2025 [July 8th, 2025]
- Host A Garden Tea Party And We'll Match You To A Bird Persona - BuzzFeed - July 8th, 2025 [July 8th, 2025]
- Greg Gutfeld likens Musks third party idea to a tea party - Fox News - July 8th, 2025 [July 8th, 2025]
- On This Day: NHS worker from Watford invited to tea party hosted by Prince William - Yahoo - July 6th, 2025 [July 6th, 2025]
- 'Fabulous' Mad Hatter tea party fundraiser for Northamptonshire's Animals In Need - Northamptonshire Telegraph - July 6th, 2025 [July 6th, 2025]
- Host your own Alice in Wonderland tea party - Times of India - July 4th, 2025 [July 4th, 2025]
- 5 Things to Do: Yankee Doodle Tea Party, Dabblers: Painting for Adult Beginners, and more in Kendall County - Shaw Local - July 4th, 2025 [July 4th, 2025]
- Is No Kings a new Tea Party in the making? - The Hill - July 2nd, 2025 [July 2nd, 2025]
- Host A Royal Tea Party To Reveal Your Inner Disney Princess - BuzzFeed - July 2nd, 2025 [July 2nd, 2025]
- Doves Garden Tea Party Collection Brings 'Bridgerton' Vibes to Your Shower - The Daily Beast - July 2nd, 2025 [July 2nd, 2025]
- Dove channels afternoon tea with limited-edition Garden Tea Party collection - Drug Store News - July 2nd, 2025 [July 2nd, 2025]
- Dove Debuts Garden Tea Party-Inspired Body Care Collection Exclusively at Target - PR Newswire - July 2nd, 2025 [July 2nd, 2025]
- Visiting the Boston Tea Party Ships & Museum: What You Need To Know Before You Go - Mommy Poppins - June 29th, 2025 [June 29th, 2025]
- York care home celebrates Pride Month with tea party and cupcakes - uk.news.yahoo.com - June 28th, 2025 [June 28th, 2025]
- Governor, state reps speak at county Tea Party meeting - Pendleton Times Post - June 28th, 2025 [June 28th, 2025]
- 'Twisted Tea Party' brings fashion and philanthropy to Rancho Mirage - The Desert Sun - June 24th, 2025 [June 24th, 2025]
- Win Tickets to The Tea Party - Indie88 Toronto - June 24th, 2025 [June 24th, 2025]
- What the Boston Tea Party was fighting and why it still matters | Opinion - The Topeka Capital-Journal - June 22nd, 2025 [June 22nd, 2025]
- Tea Party in the Garden - Lac Ste. Anne County - June 22nd, 2025 [June 22nd, 2025]
- Tea Party to headline CanRock triple bill with Headstones and Finger Eleven at Rogers Place - Edmonton Journal - June 22nd, 2025 [June 22nd, 2025]
- School Nutrition Pros Treated to Tea Party - fayette-news.net - June 20th, 2025 [June 20th, 2025]
- A Royal Saturday Show: Princess Peigh's Sword Fighting Tea Party - WENY - June 20th, 2025 [June 20th, 2025]
- The Tea Party, Headstones and Finger Eleven Map Out Canadian Tour - Exclaim! - June 20th, 2025 [June 20th, 2025]
- The Tea Party making a tour stop in Windsor - AM 800 - June 20th, 2025 [June 20th, 2025]
- Finger Eleven To Tour Canada With The Tea Party & Headstones This Fall - Theprp.com - June 20th, 2025 [June 20th, 2025]
- Tea Party to headline CanRock triple bill with Headstones and Finger Eleven at Rogers Place - Yahoo - June 20th, 2025 [June 20th, 2025]
- THE TEA PARTY, HEADSTONES, FINGER ELEVEN Join Forces For Canada-Wide Tour Kicking Off In November - BraveWords - June 20th, 2025 [June 20th, 2025]
- The Tea Party, Headstones & Finger Eleven Announce Joint Canadian Tour - iHeartRadio Canada - June 20th, 2025 [June 20th, 2025]
- The Tea Party, Headstones and Finger Eleven announce tour stop in Penticton - Penticton News - Castanet - June 20th, 2025 [June 20th, 2025]
- The Tea Party, Headstones And Finger Eleven Team Up For Canadian Tour - live in limbo - June 20th, 2025 [June 20th, 2025]
- Learning Disability Week marked with Mad Hatters Tea Party in Kirkstall - West Leeds Dispatch - June 20th, 2025 [June 20th, 2025]
- School nutrition pros treated to tea party - Peachtree City Citizen - June 14th, 2025 [June 14th, 2025]
- Angry Democrats could face Tea Party-like movement from the Left - Washington Examiner - June 14th, 2025 [June 14th, 2025]
- Its dj tea party all over again - Roll Call - June 14th, 2025 [June 14th, 2025]
- Kildare public encouraged to throw a tea party for Team Hope - kildare-nationalist.ie - June 14th, 2025 [June 14th, 2025]
- Afternoon tea party on the way in County Waterford - waterford-news.ie - June 14th, 2025 [June 14th, 2025]
- Street Style Look of the Week: Wonderland Tea Party - The New York Times - June 10th, 2025 [June 10th, 2025]
- Sanrio Mascot Kuromi Gets Her Own 20th Anniversary Tea Party - Crunchyroll - June 10th, 2025 [June 10th, 2025]
- Tea Party and a Play with The Little Mermaid - geddieconnections.com - June 10th, 2025 [June 10th, 2025]
- PHOTOS: Crowds pour in as Oak Bay Tea Party heats up the weekend - Saanich News - June 10th, 2025 [June 10th, 2025]
- PHOTOS: Oak Bay Tea Party kicks off a weekend of festivities - Vancouver Island Free Daily - June 10th, 2025 [June 10th, 2025]
- A Wonderland of Wellness: The Mad Hatters Tea Party in the Mountains of Mallorca - Majorca Daily Bulletin - June 10th, 2025 [June 10th, 2025]
- Music, parade and teacup-race rematch on tap at Oak Bay Tea Party this weekend - Times Colonist - June 10th, 2025 [June 10th, 2025]
- EXCLUSIVE: IRS Official Tied To Obama-Era Tea Party Scandal Now Running Tax-Exempt Division - AOL.com - June 10th, 2025 [June 10th, 2025]
- Spring is the perfect time for a tea party - Monroe County Reporter - June 1st, 2025 [June 1st, 2025]
- Defying the British dev behind their MMO's "casual doubling of our taxes," Old School RuneScape player recreates the Boston Tea Party:... - June 1st, 2025 [June 1st, 2025]
- Medicine Park Tea Party to add class to the rugged Wichita Mountain scenery - The Lawton Constitution - May 19th, 2025 [May 19th, 2025]
- Malti's adorable tea party with Priyanka Chopra's manager is the cutest thing. Pics - India Today - May 19th, 2025 [May 19th, 2025]
- Priyanka Chopra's Daughter Maltie Marie's Tea Party PICS Are The Cutest Thing On Internet Today - Times Now - May 19th, 2025 [May 19th, 2025]
- Tea Party on the Porch and Patio to be hosted at Mountainsides Levi Cory House - Union News Daily - May 17th, 2025 [May 17th, 2025]
- Care home marks 80th anniversary of VE Day with afternoon tea party - Yahoo News UK - May 17th, 2025 [May 17th, 2025]
- Wiltshire care home celebrated VE Day anniversary with 1940s tea party - Wiltshire Times - May 17th, 2025 [May 17th, 2025]
- Abundant Life hosts free mother-daughter tea party next Saturday in New Bern - WCTI - May 11th, 2025 [May 11th, 2025]
- Channel your inner 'Bridgeton' on this Texas tea party tour bus - MySA - May 11th, 2025 [May 11th, 2025]
- Cinderellas Tea Party kicks off enchanting afternoon at Berks Ballet Theatre performance - Berks Weekly - May 11th, 2025 [May 11th, 2025]
- NOTL in Bloom - Setting up for a tea party fit for Alice at the NOTL Museum: Photo Gallery - Niagara-on-the-Lake Local - May 11th, 2025 [May 11th, 2025]