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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Tue Nov 01, 2011 1:08 pm Post subject: Reversing Citizens United Amendment |
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It doesn't have a snappy nickname yet*, but an amendment has just been proposed that would open the way to reverse Buckley v. Valeo and Citizens United v Federal Election Commission.
The amendment, introduced by Sen. Tom Udall (D-N.M.), doesn't directly address the justices' legal finding that corporations have a right to free speech that was curtailed by election law. Instead, it would add to the Constitution language that says Congress and the states can regulate campaign contributions and expenditures.
The amendment would effectively reverse two landmark Supreme Court decisions -- the 1976 ruling in Buckley v. Valeo, which said spending money in elections is a form of speech, and the 2010 ruling in Citizens United v. Federal Election Commission, which ruled it unconstitutional to regulate the money spent to influence elections by corporations and unions.
http://www.huffingtonpost.com/2011/11/01/citizens-united-constitutional-amendment_n_1069596.html
I usually scoff at amendments because they are usually just a politician's way of evading dealing with a controversial issue. Somebody burns a flag and Politician X comes out in support of a constitutional amendment banning flag burning, getting him on record as supporting it while allowing him to do nothing at all.
Reason two for objecting to most amendments is that amendments are all too often attempts to enshrine a particular policy agenda in the Constitution. Prohibition anyone? The Constitution is supposed to be a blueprint for how we govern ourselves, the rules of the game, not which policies a temporary majority is able to shove down everyone's throat.
So I support this attempt to add language that would allow Congress and the states to regulate campaign financing without specifying how they do it. It's the right approach to addressing an important issue.
I doubt this current Congress will pass it, but letters to your rep and senators wouldn't hurt.
Review of the process:
1. Each House of Congress must pass the amendment by 2/3's majority.
2. Congress recently has been putting a 7-year limit on ratifying amendments.
3.The president may express an opinion, but has NO vote in the process.
4. 3/4's of the states...38...must ratify by simple majority.
*May I propose B-Slapping the Supremes Amendment?
Last edited by Ya-ta Boy on Wed Nov 02, 2011 4:05 am; edited 1 time in total |
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Kuros
Joined: 27 Apr 2004
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Posted: Tue Nov 01, 2011 9:09 pm Post subject: |
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The amendment process is a wonderful thing; even when it overrules a decision the Supreme Court rightly decided. The Court was right to ignore the wide-reaching implications of its decision, and instead look at the immediate impact of its decision: suppressing political speech. Nevertheless, the court does not decide policy. On the contrary, when the court plays politics, it pollutes itself and destroys democracy.
This amendment is a necessary and welcome one. We need to enshrine public financing of elections into the very Constitution itself. Special interests have a right to free speech, up until they begin to subvert the system itself. They are doing just that, and it is up to us to stop them. |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Wed Nov 02, 2011 4:02 am Post subject: |
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My fear is that the reps who introduced it will now sit back and say they've done all they are expected to do. They, and activist citizens need to get organized in each state and begin to push, and push as loud and hard as they can.
This proposed amendment gets at the heart of our political problem. (It doesn't solve everything, but getting this amendment through would go a looong way in addressing the central problem.) It is also something the OWS crowd and the Tea Party crowd might be able to come to an agreement on.
The trick, it seems to me, is how to get the attention of the media (I was hoping Maddow would glom onto it, but alas...) as well as activist citizens groups. I think the country is in the mood for something like this.
Strike while the iron is hot...but how? |
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Kuros
Joined: 27 Apr 2004
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Posted: Wed Nov 02, 2011 10:22 am Post subject: |
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Ya-ta Boy wrote: |
My fear is that the reps who introduced it will now sit back and say they've done all they are expected to do. They, and activist citizens need to get organized in each state and begin to push, and push as loud and hard as they can.
This proposed amendment gets at the heart of our political problem. (It doesn't solve everything, but getting this amendment through would go a looong way in addressing the central problem.) It is also something the OWS crowd and the Tea Party crowd might be able to come to an agreement on.
The trick, it seems to me, is how to get the attention of the media (I was hoping Maddow would glom onto it, but alas...) as well as activist citizens groups. I think the country is in the mood for something like this.
Strike while the iron is hot...but how? |
Don't worry. OWS has withheld from issuing demands for this long. At some point, I do believe they'll settle on some kind of loose platform (so far, their strategy of NOT issuing demands has been very clever). This amendment will be part of it. |
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comm
Joined: 22 Jun 2010
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Posted: Wed Nov 02, 2011 6:29 pm Post subject: |
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I can get behind giving the States explicit power to regulate political financing. However, I'm not sure what kind of rules they would make and enforce. For example:
Post fliers around town promoting the candidate?
Buy a newspaper ad talking up my candidate?
Buy a radio or TV ad talking up my candidate?
Canvas neighborhoods for support?
Collect money from others to do any of the above?
Pay someone else to do any of the above?
I like the concept, but I don't understand the States' implementation. |
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Ineverlie&I'malwaysri
Joined: 09 Aug 2011
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Posted: Wed Nov 02, 2011 6:34 pm Post subject: |
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Yat, it looks like you'll have to change your mind again. I agree with reversing this.
(See? You can't be wrong all the time ) |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Wed Nov 02, 2011 8:14 pm Post subject: |
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Ineverlie&I'malwaysri wrote: |
Yat, it looks like you'll have to change your mind again. I agree with reversing this.
(See? You can't be wrong all the time ) |
Yikes! If even ba agrees, there must be a hidden flaw I haven't noticed. I'll be reassessing...Or maybe it's the old stopped clock thing. Even ba can stumble across the right answer.
Here's a list of the senators who introduced the amendment: Yesterday, six Democratic senators � Tom Udall (NM), Michael Bennett (CO), Tom Harkin (IA), Dick Durbin (IL), Chuck Schumer (NY), Sheldon Whitehouse (RI), and Jeff Merkely (OR) � introduced a constitutional amendment that would effectively overturn the Citizens United case and restore the ability of Congress to properly regulate the campaign finance system.
I've already e-mailed Harkin, but I'm still debating the wording in my letter to Grassely. (Writing entirely in one-syllable words is so restrictive.)
Think Progress has a picture with the above quote. In the picture, a banner has this address: movetoamend.org. I don't know if the organization is linked to the senators or not, but they are on the same page. |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Wed Nov 02, 2011 8:32 pm Post subject: |
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Kuros wrote: |
Ya-ta Boy wrote: |
My fear is that the reps who introduced it will now sit back and say they've done all they are expected to do. They, and activist citizens need to get organized in each state and begin to push, and push as loud and hard as they can.
This proposed amendment gets at the heart of our political problem. (It doesn't solve everything, but getting this amendment through would go a looong way in addressing the central problem.) It is also something the OWS crowd and the Tea Party crowd might be able to come to an agreement on.
The trick, it seems to me, is how to get the attention of the media (I was hoping Maddow would glom onto it, but alas...) as well as activist citizens groups. I think the country is in the mood for something like this.
Strike while the iron is hot...but how? |
Don't worry. OWS has withheld from issuing demands for this long. At some point, I do believe they'll settle on some kind of loose platform (so far, their strategy of NOT issuing demands has been very clever). This amendment will be part of it. |
I hope you're right that they will adopt this amendment (or some similar alternative). They do seem to be the movement of the day. I'm sure BofA will never admit it, but OWS seems to have played a part in BofA dropping their fee hike.
The amendment process is so slow (rightfully so), but this issue is so vital that I want the media to get over its frenzy about Cain and whether/how he harrassed women a few years ago and pick up this amendment and run with it.
I'm also curious to hear the arguments against. Back in the good old days of the ERA debate, it looked like it would sail through, then Phyllis Schlaffley scared the snot out of prudes with her argument that we'd all end up having to pee in the same bathroom if it passed, and the ERA died. |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Thu Nov 03, 2011 2:55 am Post subject: |
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Quote: |
(so far, their strategy of NOT issuing demands has been very clever) |
Yes, it has. But it looks like one faction is taking things in a more specific direction on Thursday. Rachel is reporting that Occupy the Treasury (is that the right name?) is going to the Treasury Dept on Thursday with a demand for a financial transaction tax--another good idea in itself.
[If that gets to be a big issue, it should get its own thread. This thread should remain primarily about amendments.] |
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