Founding Fathers weigh in on Obamacare (with the help of today’s statesmen)


Sen. Michael "Mike" Lee (R-Utah), right, speaks during a news conference with Sen. Ted Cruz (R-Tex.), following a vote on Sept. 27. (Andrew Harrer/Bloomberg)

Early last Wednesday, Sen. Mike Lee (R-Utah) rose in the Senate to recite a quotation from George Washington. It was, Lee said, Washington’s own account of his last day as president in 1797.

Lee was explaining why Washington, if he were alive today, might agree with Republicans in the fight that led to the government shutdown.

“I was plain George Washington now, neither general nor president,” Lee said, reading Washington’s account of walking down a Philadelphia street. “Suddenly I realized I was not alone. People were following me. At first only a few, then a swelling crowd. For a long moment, I stood face to face with them — the young cobbler, the carpenter, the storekeeper, the laborer,” Lee read.

He concluded with Washington’s point: “Our country rests in good hands, in the hands of its people.”

Washington, Lee explained, believed in the American people. The American people, Lee added, do not like Obamacare. Therefore, it has to go.

Scott Clement from The Washington Post's polling team looks at the one number you need to know from the new Washington Post - ABC News Poll on the budget negotiations. (The Washington Post)

Lee might be right about Obama­care — that depends on your politics, and your polls.

But he was wrong about what Washington said.

“This quote from Sen. Mike Lee is not from George Washington,” said Douglas Bradburn, head of the new George Washington library at Mount Vernon. “It’s completely apocryphal.”

Lee’s office did not respond Tuesday evening to questions about the speech. A spokeswoman said that, because of the shutdown, the office was too busy to reply.

This has been a busy week for the Founding Fathers. In the debate that led up to the shutdown, legislators name-checked at least three of the Federalist Papers (numbers 45, 57 and 62) and 28 of the 56 signers of the Declaration of Independence. Sen. Ted Cruz (R-Tex.) alone mentioned 27 signers during his marathon 21-hour speech last week.

The point, in each case, was that the country’s founders would clearly be on one side in this current fight. Which side, of course, depended on who was talking.

Rep. Steve King (R-Iowa), for instance, saw Thomas Jefferson as an obvious opponent of the Affordable Care Act.

“Large initiatives should not be advanced on slender majorities,” King quoted Jefferson as saying (the quote was not exact, but close enough). King continued: “[Jefferson] would have said that large initiatives should never be advanced on partisan majorities. That’s what happened with Obama­care.”

But Rep. David Scott (D-Ga.) cited Jefferson in making an opposite argument: that the disagreement over Obamacare was not a reason to shut down the government.

“Alexander Hamilton and Thomas Jefferson hated each other so much. But that hate that they had for each other did not come before the love of their country,” Scott said. Speaking to Republicans, he continued: “Your hate for this president is coming before the love of this country. Because if you loved this country, you would not be closing it down!”

“Once again, the chair would ask members to address their remarks to the chair,” said Rep. Doc Hastings (R-Wash.), who was chairing the session. He was reminding Scott of a House rule: Members are not to demean each other directly. Only obliquely.

Of course, it’s always tricky to bring 200-year-old words uttered by long-dead men into modern political fights. The founders never faced the question of an “individual mandate” to buy health insurance. They never dealt with a wide-scale threat to shut down the government.

“It’s always anathema to historians, because how could you know what Jefferson would think today?” said Andrew O’Shaughnessy, director of the Robert H. Smith International Center for Jefferson Studies at Monticello.

But in this situation, O’Shaughnessy said, “It doesn’t matter what historians think.”

In recent days, Republicans have repeatedly cited James Madison to defend a controversial tactic: withholding funding for the entire government in order to force a weakening of the health-care law.

Rep. Ron DeSantis (R-Fla.) cited a passage from Madison’s Federalist No. 58: “This power over the purse may, in fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance.”

That, DeSantis said in a phone interview, means “the notion that you must always fund everything that happens to be in law is just not true.” Therefore, he said, the Republicans are employing a legitimate tactic in trying to defund Obamacare.

But even here, the Founding Fathers are inconveniently hard to pin down. Madison went on to say, in effect, that it’s hard to imagine anyone would go so far as to shut down the government. “Will not the House of Representatives be as much interested as the Senate in maintaining the government in its proper functions?” he wrote.

“Okay, so lemme pull open my Federalist Papers here,” DeSantis said. There was a pause. “He is cautioning against having an absolute inflexibility. And I concur with that,” DeSantis said. He said that it was not the House but the Democratic Senate that was being inflexible now. They were the ones doing the thing that Madison wouldn’t like.

Mike Lee, the senator from Utah, quoted Madison, Jefferson and Washington during speeches on the Senate floor.

Historians said he got his facts right — every time but one.

“I can say categorically: Washington never wrote that,” Edward G. Lengel, editor of the George Washington Papers at the University of Virginia, said after reading a transcript of Lee’s speech about Washington’s last day.

So, if Washington didn’t write the account that Lee read, who did?

“Those words are based very loosely on a passage in my book, “First in Their Hearts,” which was published many years ago,” author Thomas Fleming said in an e-mail Tuesday. But the passage in Fleming’s book is in the third person: “He was plain George Washington now, neither general nor president. . . .” It is not presented as Washington’s own words.

“The senator puts the words in Washington’s mouth. I do not take such an unwarranted liberty,” Fleming wrote Tuesday.

David A. Fahrenthold covers Congress for the Washington Post. He has been at the Post since 2000, and previously covered (in order) the D.C. police, New England, and the environment.
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