desert dude
Well-Known Member
A regular person might conclude that politicians don't care one whit about constitutional principles, just political principals. At least they are trying to perpetrate their tyranny in a constitutional manner, though.
http://www.nationalreview.com/article/384278/tampering-tinkerers-capitol-hill-jonah-goldberg
Now Democrats have changed their mind. Earlier this month the Democrat-controlled Senate Judiciary Committee approved on a party-line basis a constitutional amendment to undo the Supreme Court’s decision in Citizens United v. Federal Election Commission. House Democrats have introduced a similar amendment.
On the merits, it’s a horrible idea, motivated in part by a desire to bleat about the evils of the Koch brothers in Democratic fundraising pitches.
The stated intent is to allow the government to regulate how much money people and corporations can donate to political campaigns. But such regulations can quickly step on the First Amendment. Recall that the Citizens United case made it to the Supreme Court because under the old campaign-finance system, an independently produced (albeit fiercely partisan) documentary about Hillary Clinton was dubbed an in-kind donation to the Republicans because it amounted to a stealth ad. The Obama administration argued before the court that campaign-finance laws could even be used to ban books “if the book contained the functional equivalent of express advocacy.”
But even though I think the proposed amendments are ill-conceived, I am delighted that the Democrats have taken this route. This is exactly how we’re supposed to change the meaning of the Constitution. If the Constitution forbids X but the American people decide — through extensive political debate — that X should be permitted, then the only legitimate course of action is to change the Constitution to allow X. Stacking the courts with priests of the Living Constitution cult who will simply rewrite the Constitution by fiat is lawless, undemocratic, and anti-constitutional.
The Democrats’ hypocrisy amounts to real progress.
http://www.nationalreview.com/article/384278/tampering-tinkerers-capitol-hill-jonah-goldberg
Now Democrats have changed their mind. Earlier this month the Democrat-controlled Senate Judiciary Committee approved on a party-line basis a constitutional amendment to undo the Supreme Court’s decision in Citizens United v. Federal Election Commission. House Democrats have introduced a similar amendment.
On the merits, it’s a horrible idea, motivated in part by a desire to bleat about the evils of the Koch brothers in Democratic fundraising pitches.
The stated intent is to allow the government to regulate how much money people and corporations can donate to political campaigns. But such regulations can quickly step on the First Amendment. Recall that the Citizens United case made it to the Supreme Court because under the old campaign-finance system, an independently produced (albeit fiercely partisan) documentary about Hillary Clinton was dubbed an in-kind donation to the Republicans because it amounted to a stealth ad. The Obama administration argued before the court that campaign-finance laws could even be used to ban books “if the book contained the functional equivalent of express advocacy.”
But even though I think the proposed amendments are ill-conceived, I am delighted that the Democrats have taken this route. This is exactly how we’re supposed to change the meaning of the Constitution. If the Constitution forbids X but the American people decide — through extensive political debate — that X should be permitted, then the only legitimate course of action is to change the Constitution to allow X. Stacking the courts with priests of the Living Constitution cult who will simply rewrite the Constitution by fiat is lawless, undemocratic, and anti-constitutional.
The Democrats’ hypocrisy amounts to real progress.
