April 25, 2012

"The Constitution is wrong" How about the People's Rights Amendment?

The Constitution is your patrimony.  Be very aware of the people who want to amend it out of existence. 

Abraham Lincoln said,
"Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."

George Washington said,  “The Constitution is the guide which I never will abandon”

Sam Adams, “"The liberties of our country, the freedoms of our civil Constitution are worth defending at all hazards; it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors. They purchased them for us with toil and danger and expense of treasure and blood. It will bring a mark of everlasting infamy on the present generation – enlightened as it is – if we should suffer them to be wrested from us by violence without a struggle, or to be cheated out of them by the artifices of designing men."

Patrick Henry said,  “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government - lest it come to dominate our lives and interests.”

Henry Clay,  “The Constitution of the United States was made not merely for the generation that then existed, but for posterity- unlimited, undefined, endless, perpetual posterity

Enter Jim McGovern, (D) US Representative from Worcester, MA., “The Constitution is wrong.”

Now he is sponsoring the People's Rights Amendment in what Jeff Jacoby calls a 'flawed war'

McGovern’s problem, it turns out, is with the Bill of Rights. He objects to the way it safeguards fundamental rights — such as freedom of speech, freedom of the press, and freedom to petition the government for redress of grievances — not only when citizens act as lone individuals, but also when they unite as corporations in order to pool their assets and act more efficiently.

Like many on the left, McGovern has gone batty on the subject of “corporate personhood.” This is a perfectly commonplace, centuries-old legal construct that makes it possible for individuals organized as a group to carry out their affairs effectively. Because corporations are legal “persons,” for example, they can rent property without requiring the signature of every shareholder on every lease. They can be sued in court as single entities, without obliging plaintiffs to go after tens of thousands of individual defendants. They can be taxed. They can enter into contracts. They can register patents.

What infuriates many liberals is that corporations can also express political views, spending money to take sides in contested elections.  . “Corporations are not people,” scowled McGovern at a Democratic forum last week…..So the congressman proposes to strip corporations of all constitutional liberties and guarantees.
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Under McGovern’s proposal, corporations — for-profit and nonprofit alike —would have no more rights than legislators chose to give them. Congress could ban ExxonMobil and R.J. Reynolds from commenting on any public issue, and they would have no recourse to the First Amendment. But it isn’t only Big Oil and Big Tobacco that could be censored with impunity. So could Planned Parenthood and the National Rifle Association. So could the American Red Cross, Habitat for Humanity, and the Museum of Fine Arts. So could innumerable universities, charities, churches, small businesses, and government watchdogs. And so, of course, could most newspapers, magazines, TV networks, and book publishers. Corporations of every kind would lose their constitutional defenses. Vast swaths of American life would be permanently vulnerable to the whims and vendettas of politicians.

And what is true of First Amendment rights would be true of all the others: Protection against unreasonable searches and seizures, due process under law, the right to trial by jury — corporations could be stripped of them all.

McGovern and Pelosi may honestly imagine that mutilating the Constitution in this way will make American democracy more wholesome and less corrupt. What it would really do is empower the political class to a degree never before seen in our history. Far from reinvigorating the dream of the Founding Fathers, the People’s Rights Amendment would transform it into a nightmare.

The National Review editorializes, Keep the First Amendment

The phrase “stunning development” is used far too often in our politics, but here is an item that can be described in no other way: Nancy Pelosi and congressional Democrats, frustrated by the fact that the Bill of Rights interferes with their desire to muzzle their political opponents, have proposed to repeal the First Amendment.

That is precisely what the so-called People’s Rights Amendment would do. If this amendment were to be enacted, the cardinal rights protected by the First Amendment — free speech, freedom of the press, freedom of assembly, freedom to petition the government for redress of grievances — would be redefined and reduced to the point of unrecognizability. The amendment would hold that the rights protected by the Constitution are enjoyed only by individuals acting individually; individuals acting in collaboration with others would be stripped of those rights.
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The so-called People’s Rights Amendment would have some strange consequences: Newspapers, television networks, magazines, and online journalism operations typically are incorporated. So are political parties and campaign committees, to say nothing of nonprofits, business associations, and the like. Under the People’s Rights Amendment, Thomas Friedman would still enjoy putative First Amendment protection, but it would not do him much good inasmuch as the New York Times Company, being a corporation, would no longer be protected by the First Amendment. In short, any political speech more complex than standing on a soapbox at an intersection would be subject to the whims of Nancy Pelosi.
Posted by Jill Fallon at April 25, 2012 11:28 PM | Permalink