The Right Opinion
In the Company of Madison
WASHINGTON -- Ted Cruz's victory in Tuesday's Texas Republican runoff for the U.S. Senate nomination is the most impressive triumph yet for the still-strengthening tea party impulse. And Cruz's victory coincides with something conservatives should celebrate, the centennial of the 20th century's most important intra-party struggle. By preventing former President Theodore Roosevelt from capturing the 1912 Republican presidential nomination from President William Howard Taft, the GOP deliberately doomed its chances for holding the presidency but kept its commitment to the Constitution.
Before Cruz, now 41, earned a Harvard law degree magna cum laude, he wrote his Princeton senior thesis on the Constitution's Ninth and 10th Amendments, which if taken seriously would revitalize two bulwarks of liberty -- the ideas that the federal government's powers are limited because they are enumerated, and that the enumeration of certain rights does not "deny or disparage others retained by the people." Both ideas are repudiated by today's progressives, as they were by TR, whose Bull Moose Party, the result of his bolt from the GOP, convened in Chicago 100 years ago Sunday -- Aug. 5, 1912.
After leaving the presidency in 1909, TR went haywire. He had always chafed under constitutional restraints, but he had remained a Hamiltonian, construing the Constitution expansively but respectfully. By 1912, however, he had become what the Democratic nominee, Woodrow Wilson, was -- an anti-Madisonian. Both thought the Constitution -- the enumeration and separation of powers -- intolerably crippled government.
Espousing unconstrained majoritarianism, TR disdained Madison's belief that the ultimate danger is wherever ultimate power resides, which in a democracy is with the majority. He endorsed the recall of state judicial decisions and by September 1912 favored the power to recall all public officials, including the president.
TR's anti-constitutional excesses moved two political heroes to subordinate personal affection to the public interest. New York Sen. Elihu Root had served TR as secretary of war and secretary of state, and was Roosevelt's first choice to succeed him in 1908. Massachusetts Sen. Henry Cabot Lodge had long been one of TR's closest friends. Both sided with Taft.
As the Hudson Institute's William Schambra says (in "The Saviors of the Constitution," National Affairs, Winter 2012, and elsewhere), by their "lonely, principled" stand, Root and Lodge, along with Taft, "denied TR the powerful electoral machinery of the Republican Party, which would almost surely have elected him, and then been turned to securing sweeping alterations" of the Constitution. Wilson won with 41.8 percent of the vote (to TR's 27.4 percent). Taft won 23.2 percent, carrying only Vermont and Utah, but achieved something far grander than a second term -- the preservation of the GOP as an intellectual counterbalance to the Democrats' thorough embrace of progressivism and the "living" -- actually, disappearing -- Constitution.
Today, many of the tea party's academic despisers portray it as anti-democratic and anti-intellectual. Actually, it stands, as the forgotten heroes of 1912 did, with Madison, the most intellectually formidable Founder. He created, and the tea party defends, a constitutional architecture that does not thwart democracy but refines it, on the fact that in a republic, which is defined by the principle of representation, the people do not directly decide issues, they decide who will decide. And the things representatives are permitted to decide are strictly circumscribed by constitutional limits on federal power.
TR sought to make these limits few -- and as flimsy as cobwebs when the people chose to amend them by plebiscitary methods. The New Republic, then a voice of progressivism, ridiculed Root for being "committed to the theory of government, based upon natural rights" -- the Declaration of Independence's theory of pre-political rights. Schambra, however, argues that for Root and Lodge, as for today's tea party, the rights proclaimed in the Declaration and the restrictions the Constitution imposes on government are inseparably linked, as Root said, to "the end that individual liberty might be preserved."
The GOP's defeat in 1912 -- like that in 1964 under Barry Goldwater, whose spirit infuses the tea party -- was profoundly constructive. By rejecting TR, it preserved the Constitution from capricious majorities. When Cruz comes to the Senate, he and like-minded Republicans -- Utah's Mike Lee, Kentucky's Rand Paul, South Carolina's Jim DeMint, Wisconsin's Ron Johnson, Pennsylvania's Pat Toomey, Florida's Marco Rubio, and, if they win, Indiana's Richard Mourdock, Arizona's Jeff Flake and perhaps some others -- can honor two exemplary senatorial predecessors by forming the small but distinguished Root-Lodge Caucus.
(c) 2012, Washington Post Writers Group

6 Comments
Richard Ryan in Lamar,Missouri
Wednesday, August 1, 2012 at 3:28 PM
Mac, your list of democrap idiots makes my skin crawl.
CGreen in Dallas, Texas
Wednesday, August 1, 2012 at 3:56 PM
I am sure the Cruz victory has some Republican big-wigs in Texas and back east (including a few of our conservative talking heads) wondering what happened. Do not be fooled by their jumping on the band wagon of a return to constitutional government. They will give lip service to that in order to win in November. But after they win in November, they think they can "control" these new guys. The same interests that manage to get us the most moderate presidential candidates every time have their own ideas about how the government should be run, and just as always, it is a moderate, "Democrat light" agenda. They are better than the Democrats, and in November they will have the support of every person in Texas who voted for Cruz. But always remember, they are the same guys who went along with Fanny Mae and Freddy Mac, helped force banks to make home loans to people who could not afford homes, looked the other way when signs of a collapse showed, and when the bottom fell out they lined up to help bail out their northeastern friends at taxpayer expense. They are the same lawmakers who joined with leftists and brought us no child left behind and outlawed the Edison light bulb. They are the same ones who even today join with the leftist media to belittle conservative voices like Palin, Baughman and Santorum. They know conservative Republicans will loyally cast votes to defeat the most dangerous President in our history, then they will try to marginalize these crazy Tea Partiers. The work for real conservatives is far from over.
tod -the tool guy in bklyn ny
Wednesday, August 1, 2012 at 6:00 PM
"Uncle George", Every time I read your blogs, I need to run for my old paper dictionary. Par 9;PLEBISCITARY: A direct vote by the electorate on a national issue or referendum. Yes, the 10th Amendment needs to be utilized when arguing with progressives. It alone, is the big cannon against Marxist Tyranny!! TEA=TAXED ENOUGH ALREADY!! OH, I forgot---REPEAL DODD-
FED Up in Philly PA
Thursday, August 2, 2012 at 8:33 AM
Dear Patriot Post. Please put a shout out to SOFA (Special Operators For America), on Facebook. SOFA was founded by a fellow special operator. He hails from Navy Seals Team 6 and is a state Senator.
Fellow Conservatives, please go to SOFA on Facebook, and like and join.
You do not have to be a Special Operator to join and support. All fellow vets are welcome. We are looking to get 10k likes by the end of August!
Miss Kitty in Missouri
Thursday, August 2, 2012 at 10:09 AM
Its Special Operations For America, I believe. I typed in Special Operators For America, and nothing came up. Web site is soforamerica.org. Please confirm?
FED Up in Philly PA
Thursday, August 2, 2012 at 12:00 PM
Hello Ms Kitty,
Try this: https://www.facebook.com/pages/Special-Operations-for-America/157410154392219
And Yes Special "Operations" For America.
Please pass on the word. Thanks!