PDA

View Full Version : Pelosi wants to amend the First Amendment


Sdiver
04-20-2012, 12:07
The wicked witch of the west and her hoard are at it again.

**Those of you with a heart condition or hypertension, it would be best if you did some breathing exercises before reading this.

Pelosi: Amend the First Amendment

(CNSNews.com) - House Minority Leader Nancy Pelosi on Thursday endorsed a movement announced by other congressional Democrats on Wednesday to ratify an amendment to the U.S. Constitution that would allow Congress to regulate political speech when it is engaged in by corporations as opposed to individuals.

The First Amendment says in part: "Congress shall make no law ... abridging the freedom of speech, or of the press..."

Television and radio networks, newspapers, publishing houses, movie studios and think tanks, as well as political action committees, are usually organized as, or elements of, corporations.

Pelosi said the Democrats' effort to amend the Constitution is part of a three-pronged strategy that also includes promoting the DISCLOSE Act, which would increase disclosure requirements for organizations running political ads, and “reducing the role of money in campaigns” (which some Democrats have said can be done through taxpayer funding of campaigns).

The constitutional amendment the Democrats seek would reverse the Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission. In that decision the court said that the First Amendment protects a right of free speech for corporations as well as for individuals, and that corporations (including those that produce newspapers, films and books) have a right to speak about politicians and their records just as individuals do.

“We have a clear agenda in this regard: Disclose, reform the system reducing the role of money in campaigns, and amend the Constitution to rid it of this ability for special interests to use secret, unlimited, huge amounts of money flowing to campaigns,” Pelosi said at her Thursday press briefing.

“I think one of the presenters [at a Democratic forum on amending the Constitution] yesterday said that the Supreme Court had unleashed a predator that was oozing slime into the political system, and that, indeed, is not an exaggeration,” said Pelosi. “Our Founders had an idea. It was called democracy. It said elections are determined by the people, the voice and the vote of the people, not by the bankrolls of the privileged few. This Supreme Court decision flies in the face of our Founders’ vision and we want to reverse it.”

At Wednesday’s forum, a number of House and Senate Democrats were joined by representatives from People for the American Way and Common Cause in declaring their dedication to enacting a constitutional amendment to restrict speech by corporations.

The participants noted that several members in both houses of Congress have offered various versions of an amendment to reverse Citizen United v. FEC and curb unwanted speech by corporations. Rep. Jim McGovern (D.-Mass.) is one of the members sponsoring an amendment.

“I've introduced a People's Rights Amendment, which is very simple and straightforward,” Rep. Jim McGovern (D.-Mass.) said at the forum. “It would make clear that all corporate entities, for-profit and non-profit alike, are not people with constitutional rights.

“It treats all corporations, including incorporated unions and nonprofits, in the same way, as artificial creatures of the state that we, the people, govern, not the other way around,” said McGovern.

Rep. Donna Edwards (D.-Md.) explained the basic principle this move to amend the Constitution is advancing.

“In Citizens United, what the court said is that Congress has no authority to regulate this kind of political speech,” said Edwards. “And so all of these constitutional amendments go to this question of giving Congress the authority that the Supreme Court, I think wrongly, decided isn't within Congress's constitutional--our constitutional purview.

“And so, you know, the traditional rights of free speech that we have known as citizens would not be disturbed by any of these constitutional amendments,” said Edwards. “But what it would do is it would say, all of the speech in which, whether it's corporations or campaign committees and others engage in, would be able to be fully regulated under the authority of the Congress and--and under our Constitution.”

“I mean, in my view, a corporation is not a person. It is not an individual,” said Edwards. “The rights that it has are those that are granted by the state, granted by the, by the Congress.”

In 2009, when the Supreme Court first heard oral arguments in the Citizens United case, Deputy Solicitor General Malcolm Stewart told the court that the administration believed the Constitution allowed the government to ban a corporation from using its general treasury funds to publish a book if the book advocated voting for something.

"Take my hypothetical," Chief Justice John Roberts said to Stewart as he asked him about what kind of books the Obama administration believed it could constitutionally ban, "... This [book] is a discussion of the American political system, and at the end it says: Vote for X."

"Yes," said Deputy Solicitor General Stewart, "our position would be that the corporation would be required to use PAC funds rather than general treasury funds."

Roberts followed up: "And if they didn't, you could ban it?"

"If they didn't, we could prohibit the publication of the book using corporate treasury funds," Stewart answered.

When the court ruled against the Obama administration's position in this case, Chief Justice Roberts wrote a concurring opinion underscoring the fact that the administration had wanted the court to allow the government to prohibit political speech.

"The government urges us in this case to uphold a direct prohibition on political speech," wrote Roberts. "It asks us to embrace a theory of the First Amendment that would allow censorship not only of television and radio broadcasts, but of pamphlets, posters, the Internet, and virtually any other medium that corporations and unions might find useful in expressing their views on matters of public concerns."


http://cnsnews.com/news/article/pelosi-amend-first-amendment

Isn't this how that one country over in Europe started things back in the 1930's ???

:munchin

afchic
04-20-2012, 12:11
Once again, the hag has no sense of the 5000 meter target vs the 50 meter target. All of this is well and good for her as long as there is a Dem POTUS. But the moment there is a Rep POTUS, she will be up in arms that he is tearing apart the Constitution.

So if she is seeking to shut up Corporations, does that means that applies to the MSM???? Is she seeking to shut up the press? I am surprised because they all seem to be in the bag for Dems.

When is America going to wake up to the crazy bastards we have running this country????

scooter
04-20-2012, 12:13
Moot point.

There is no way that 3/5ths of the State Legislatures would ever ratify such an amendment. Dead on arrival.

Sarski
04-20-2012, 13:50
Regulated speech? Nice euphamism for censorship. If we had a government that was doing more good than harm, there would be no need to silence the entities that tell it like it is.

Badger52
04-20-2012, 14:19
Dorothy should drop a house on her.

Dusty
04-20-2012, 14:29
I'll regulate some speech for you, b**ch. F*ck You.

kgoerz
04-20-2012, 14:40
Three years ago I never pictured myself in the streets fighting/protesting our government. Now it seems almost inevitable.

kgoerz
04-20-2012, 14:44
Moot point.

There is no way that 3/5ths of the State Legislatures would ever ratify such an amendment. Dead on arrival.

They passed the defense authorization act easily. Now they can lock you up and in doing so. They are not required to give you or anyone else a reason for the detention. Good news is that your case will get reviewed after three years.

PSM
04-20-2012, 14:54
They passed the defense authorization act easily.

Speaking of which:

Warbird Community Rises to Meet Threat

'Title 10 Amendment' could devastate historic aircraft fleet

April 18, 2012 - EAA and the Warbirds of America are joining with the Commemorative Air Force, Collings Foundation, and other warbird groups in opposition of a proposed amendment to the House National Defense Authorization Act (H.R. 4310) that could have a devastating effect on the fleet of civilian-operated historic military aircraft.

The amendment introduced by Rep. Michael Turner (R-OH) would bar the Department of Defense from loaning or gifting any U.S. military aircraft or parts to any entity except those that would put the aircraft on static display, such as in a museum. The amendment would preclude the aircraft from being loaned to private individuals, associations, or museums where there is any intent of flying the historic vintage warbirds, even at air shows or demonstrations of support for veterans.

More here: EAA News (http://www.eaa.org/news/2012/2012-04-18_title10.asp)

Pat

Penn
04-20-2012, 15:14
Kgeorz, I have never trusted the ruling elite; where is the rp...


They passed the defense authorization act easily. Now they can lock you up and in doing so. They are not required to give you or anyone else a reason for the detention. Good news is that your case will get reviewed after three years.

Three years ago I never pictured myself in the streets fighting/protesting our government. Now it seems almost inevitable.

alright4u
04-20-2012, 15:17
Three years ago I never pictured myself in the streets fighting/protesting our government. Now it seems almost inevitable.

I never could imagine myself protesting a damn thing in my life. I never believed in unions and mob rule, and; I never will. I may have to change to stop these commies.

Our local news is so CBS that it covered one clown for a month claiming he was Occupy Nashville. The rest cut a trail.

scooter
04-20-2012, 15:48
They passed the defense authorization act easily. Now they can lock you up and in doing so. They are not required to give you or anyone else a reason for the detention. Good news is that your case will get reviewed after three years.

Passing a bill in Congress and passing a Constitutional Amendment are very different. It requires an overwhelming majority to get an Amendment passed, and ratified by 3/5 of the State Governments as well. A simple majority won't do it.

The very structure of the Amendment process ensures that narrow majorities cannot make them for controversial policy changes not supported by a super majority.

I think I have a better chance of becoming Santa Claus then this Amendment has of becoming part of the Constitution.

GratefulCitizen
04-21-2012, 18:48
Passing a bill in Congress and passing a Constitutional Amendment are very different. It requires an overwhelming majority to get an Amendment passed, and ratified by 3/5 of the State Governments as well. A simple majority won't do it.

The very structure of the Amendment process ensures that narrow majorities cannot make them for controversial policy changes not supported by a super majority.

I think I have a better chance of becoming Santa Claus then this Amendment has of becoming part of the Constitution.


The standard is higher than 3/5, it is 3/4 (38 states).

MR2
04-21-2012, 18:51
The standard is higher than 3/5, it is 3/4 (38 states).

Patriotic Barack Obama lapel pins unveiled honoring all 57 states (http://latimesblogs.latimes.com/washington/2008/05/new-patriotic-o.html)

scooter
04-21-2012, 19:07
The standard is higher than 3/5, it is 3/4 (38 states).

My facts are wrong, thanks.