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Lots of people are talking about taking a stand against Citizens United and a handful of places have already passed resolutions, but leave it to Montanans to launch a full-scale ballot initiative campaign.

I'm glad that a state like Montana is taking the lead here. Who can say anything bad about Montana??

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Comment Preferences

  •  Tip Jar (2+ / 0-)
    Recommended by:
    kevinpdx, 207wickedgood

    People + Action = Democracy | People - Action = Why are people so lazy? See also: @Nikki4CC | @CommonCause | All questions, comments, and snide remarks are my own.

    by NikkiWDC on Tue Feb 28, 2012 at 11:21:47 AM PST

  •  Unless the First Amendment doesn't apply in (1+ / 0-)
    Recommended by:
    wilderness voice

    Montana, I don't see how this accomplishes much.

    The CU case was decided on the basis of the First Amendment.  A state can't simply say, well, in Montana, that's not going to apply.  

    Take for example, the part that says, basically, "in Montana, money doesn't equal speech."  That's apparently supposed to be a rejection of the Buckley v. Valeo 1976 decision of the SCOTUS.  But that, too, was based on the First Amendment.  A state can't -- by ballot initiative, by legislation, by order of the governor, or otherwise -- say, "The First Amendment as the SCOTUS interprets it doesn't apply in our state."  A state can't say, "we reject the SCOTUS' interpretation of the Constitution, so it's not going to apply here."  

    The way our constitution is written, if you don't like the way the SCOTUS has interpreted the Constitution, you have to amend the Constitution.  

    •  they should try anyway (1+ / 0-)
      Recommended by:

      Any attack on Citizens United is a good thing, and you make it sound like any attack on Buckley v. Valeo would be a good thing too.  Money should not be equivalent to speech; the rich should have no more say than the poor do.  I have no problem with states passing laws that are further to the left than the feds.

      BTW, isn't Montana a red state?  Why do they care?

      Never attribute to stupidity what can be adequately explained by malice; stupid people couldn't hurt us so effectively.

      by Visceral on Tue Feb 28, 2012 at 01:08:23 PM PST

      [ Parent ]

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