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"The amendment would hold that the rights protected by the Constitution are enjoyed only by individuals acting individually"

Submitted by Rafique on Mon, 04/30/2012 - 6:43pm

"...individuals acting in collaboration with others would be stripped of those rights."

The obvious consequences of a rather ill-conceived amendment to respond to Citizens United. Needless to say, unless the reading of this amendmen is incorrect, this is a really, really, really bad idea. This is the sort of misshapen monstrosity that could only cme from hasty thinking and unchecked passion. The crew at NRO have framed this in terms of a left-wing power grab in order to silence conservative dissent from the government, but I'm not prepared to lay that intent on the authors of this thing, as it is no doubt an attempt to fix a problem with a cure worse than the disease. The thing is, this would help to create that sort of arrangement, and would in fact leave all political speech subject to regulation.

I'm with NRO on this one--this is bad stuff, and most likely won't go anywhere. The commenters over there are convinced this is proof of the grand leftist conspiracy to crush American liberty. It's all straw man logic I know, but this does make it harder to dispel that fear with stuff like this coming down the pike.

The First Amendment's fine the way it is, folks. Let it be.

AND: The text:

Section 1. We the people who ordain and establish this Constitution intend the rights protected by this Constitution to be the rights of natural persons.

Section 2. People, person, or persons as used in this Constitution does not include corporations, limited liability companies or other corporate entities established by the laws of any state, the United States, or any foreign state, and such corporate entities are subject to such regulation as the people, through their elected state and federal representatives, deem reasonable and are otherwise consistent with the powers of Congress and the States under this Constitution.

Section 3. Nothing contained herein shall be construed to limit the people's rights of freedom of speech, freedom of the press, free exercise of religion, and such other rights of the people, which rights are inalienable.

At first glance, it doesn't sound menacing, but a closer look reveals a glaring problem: Clause 2 appears to cancel out Clauses 1 and 3, because if Clause 2 limits the speech of corporations in such way that lines up with the opposition to Citizens United, then Clauses 1 and 3 are negated. If this isn't so, then this whole thing collapses on itself, and renders it symbolic and toothless. It's entirely possible that they've crerate a symbolic non-measure--either way this looks to be ill-conceived out of the gate.

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