The Tea Party movement is named, of course, for the famous event in late 1773 when cases of tea were dumped unceremoniously into the Boston harbor. The Boston Tea Party—a carefully orchestrated strike against a commodity that was being taxed and sold by a monopoly provider—was intended as a one-time thing, though it ended up being an important link in the chain of events that led to the American Revolution. Today’s Tea Party, on the other hand, has ambitions to become an ongoing force—maybe even the major force—in American conservatism. And it strives for a revolution of its own, a return to a more limited, more constitutional form of government. If I had to judge its performance so far, I would say that it has been courageous and right in its diagnosis of the problems facing American politics, but somewhat off in its prescriptions. When I say the Tea Party is correct in its diagnosis, I mean it is correct in its very clear sense that Obamacare is not just another costly, bureaucratic, top-down, regulatory scheme, of which we have, alas, so many. There is something genuinely tyrannical (despite the good intentions of many of its supporters) about Obamacare. It threatens not only to ruin our medical care system, but indirectly and directly—and sooner as well as later—to subvert our form of government and our way of life, fundamentally changing the relation between citizens and government.

In a way, you can see how dangerous Obamacare is by noticing how it has brought out the worst in liberals—which is evident in how they have responded to the Tea Party. Liberal impatience with partisanship—that is, with people who oppose their plans—arises from the fact that in contemporary liberalism, there is no publicly acknowledged right of revolution. That may seem like a strange thing to say, but if one looks at some of the political theorists who were most important to modern or statist liberalism—Kant and Hegel in Germany, say, or Woodrow Wilson here in the United States—they are usually quite explicit in rejecting a right of revolution. In their view, a people always has in the long run the government it deserves. So there’s no right of the people to “abolish,” as the Declaration of Independence proclaims, the prevailing form of government and substitute a better one. In particular, there is no conceivable right to overturn contemporary liberalism itself; as liberals today are so fond of saying, there is no turning back the clock. To liberals the Tea Party appears, well, bonkers, precisely because it recalls the American Revolution, and in doing so implies that it might not be such a bad thing to have another revolution—or at least a second installment of the original—in order to roll back the bad government that is damaging both the safety and happiness of the American people.

What the Tea Party needs now is a strategy—something it has so far conspicuously lacked—to allow it to achieve its worthy ends. Thinking through a strategy will help clarify those ends: What is it, exactly, that the Tea Party means by limited government? Limited to what? And limited by what? Clearly the Tea Party’s form of conservatism points back to the Constitution as the basis for restoring American government. But how practically to move in that direction? The Tea Party rightly concluded from the battles over Obamacare that what we are seeing in our politics these days is not two clashing interpretations of the same Constitution, but increasingly two different Constitutions in conflict: the old Constitution of 1787 and a “living” Constitution that is not just a different approach to the original, but an alternative to it. The extraordinary fight the Tea Party was willing to put up arose from this fact—that Obamacare amounted to a colossal battle between two different ways of government. And it was the Tea Party and President Obama who shared a clear understanding of the stakes; mainstream Republican leaders understood them with much less clarity and intensity.

At this point we should note the paradoxical character of the Tea Party: It is a populist movement to defend the Constitution, but the Constitution is meant, among other things, to limit populism in our politics—to channel, moderate, and refine popular passion through constitutional forms, such as elections, officeholding, and the rule of law. The point was to ensure, as The Federalist put it, that the reason, not the passion, of the public would control and regulate the government. So it was incumbent on the Tea Party to try to keep its populist means in line with its constitutional ends. And it is in this respect that the Tea Party has sometimes fallen short.

The Tea Party could do itself and the country a great service by working out what a return to constitutional government might really mean, and thus the strategy and tactics appropriate to that. What is needed is less populism and more political thinking on its part, or on the part of its trusted advisors. Political thinking and constitutional thinking are not opposed, of course, any more than putting together a political majority and defending the Constitution are opposed. Indeed, these two great duties, properly understood, are implicit in each other. It’s doubtful that the Republican party can succeed without doing both.

Tea Party leaders are eloquent on the point that the Constitution does not make the Supreme Court its final arbiter. Let them apply that insight to Obamacare. The problem with Obamacare is not merely that it will ruin health care, but that it undermines the whole notion of rights—natural rights—that come not from government but from our own nature and from God. Yes, it is unfair, unworkable, and unaffordable. But to leave the argument at that leaves the Constitution out of the picture. So when denouncing Obamacare, let’s hear more about its unconstitutional aspects.

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