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View Diary: The 2012 polling hall of shame (269 comments)

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  •  Citizen's United is not a piece of legislation (1+ / 0-)
    Recommended by:
    Ahianne

    It is a court decision that stands as a definition of the Constitution, without there being a particular law to repeal. It actually gutted a whole raft of laws, in particular, McCain-Feingold.
    What's needed is a Constitutional Amendment and at least one is out their working up steam to campaign for it: Move to Amend. One of the principles of this group is David Cobb, an excellent Constitutional lawyer and former Green Party Presidential Candidate (and incredible guy).
    There is a timewindow issue with Amendment petitions as I recall and I believe they are working to build a 50 state organization that can hit everywhere at once. (this is a lesson learned from the ERA fight. one organization pinned down to one or two regions, have a hard time moving out of their powerbase into other states to get their campaigns up and working in time.
    I would like to propose an extremely simple amendment: "For the purposes of this document, the terms Man, Men, Persons, People, be meant to refer to ALL Human Beings and ONLY Human Beings. That they do not refer to legal constructs."
    In this way, we overturn Citizens United, we basically get the ERA, we make redundant the Civil Rights Act and all other identity group rights legislation because it applies the Constitution and the laws to ALL people and ONLY people.
    Think that would pass by 2/3 in 2/3 of the States and Congress?

    If I ran this circus, things would be DIFFERENT!

    by CwV on Thu Nov 08, 2012 at 01:25:42 PM PST

    [ Parent ]

    •  You're right (1+ / 0-)
      Recommended by:
      CwV

      'repeal' was not the right verb. I'm not sure we have to have a constitutional amendment, though.  Laws could be passed which challenged the ruling without directly contradicting it.  I don't think that they would be challenged quickly, given the election results, and, if they were, they might not be heard until we had a favorable retirement on the court, or, we could perhaps catch a break a'la the ACA ruling.  This sort of thing is done all the time - witness the RWs attempts to erode Roe.  The Supreme Court has not reversed itself, but in many places and in many ways, abortions are much harder to get.
      I think, too, that there would be, right now, significant public support for curtailing the money. Both left and right. At least in the battle ground states.

    •  Oh (1+ / 0-)
      Recommended by:
      CwV

      and I like your proposed amendment.  Very much.

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