“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”- First Amendment, The United States Constitution
As we enter the sixth month period of non-stop general election coverage, there are few issues that will go unexamined by the Romney Campaign. As the challenger to the incumbent, Mr. Romney will need to illustrate his own vision of leadership on every issue concerning the American people. Aside from his campaign against President Obama, Governor Romney will need to lead the Republican charge for legislative contenders as House and Senate elections loom. Just as it happens, our liberal friends in the House chamber have served up a softball for the governor to take a big swing at.
On Wednesday April 18th, Rep. Jim McGovern (D-MA) proposed a joint resolution in the House, poorly named The People’s Rights Amendment. The amendment, a very short one if you care to click the link, is aimed at limiting the right of free speech, and therefore assembly, to what is defined in the Constitution as the singular “people, person, or citizen.” The amendment then claims that such a right does not extend to “corporations, limited liability companies or other corporate entities.” As any person who has taken Social Studies at the age of ten would know, there are few truths in the United States as sacred and undeniable as the right to free speech and assembly. With this bill, Rep. McGovern and Minority Leader Nancy Pelosi seek to limit those rights.
At this point in an election year, one would assume Ms. Pelosi’s experience from her leadership in the formation of the ever unpopular Obamacare would give her pause before allowing a bill to be proposed that would demolish the First Amendment. The People’s Rights Amendment is not only an affront to federalism, but to the senses of all American citizens. Yes, that word is used correctly, citizens. Citizens often assemble and voice their opinions. Whether it be Occupy Wall Street demonstrating the effects of a lack of good hygiene at Zucotti Park, or the Wall Street Journal editorial board(part of a corporation) endorsing Mitt Romney for president, the government has no right to infringe on any group’s right to express its opinion in open air or through the printed word.
In a transparent attempt to take a stand, Ms. Pelosi and Mr. McGovern have developed this resolution to combat the Supreme Court decision over Citizens United, which allows the free flow of money to campaign super PACs from any entity, including that of corporations. This amendment would prevent these corporations from using their money, and freedom of expression, to support whichever candidates they feel are best suited to hold elected office. Though that debate still rages after the Court’s decision two years ago, this amendment does far worse than infringe on the free speech of corporations and their employees. Much like Obamacare, it again changes the relationship between the government and the citizen as we know it.
The first part of the resolution contains the claim that “people, person or citizen as used in the constitution does not include corporations…” Unfortunately for those who drafted this resolution, using these singular terms in our Standard English would not protect the right of free speech for any group of people, as no group of people is technically one citizen. Therefore, the right to assembly, as guaranteed by the United States Constitution, is effectively thrown out the window. This new amendment would give the Federal government, and whichever party is in power, the ability to limit the right to assembly of any group, not just the specifically named, and always vilified corporations.
Thankfully to amend the Constitution, two-thirds of the House would have to vote this into law, and barring the largest and most shocking electoral upset in recorded history, there will not be nearly enough turnover in 2012 for such a bill to pass. Naturally one would be disturbed that representatives in the United States Congress would propose such a bill, but there is a silver lining as well: more campaign ammunition for Gov. Romney.
Whether or not President Obama would support this- and seemingly he would be too intelligent to damage his re-election hopes in doing so- this is an issue that could be used to define the Democrats over the next six months. The fact that it is supported by House Minority Leader Nancy Pelosi gives this attack added weight as she is a significant leader in her party’s power structure. President Romney and Republican Party leaders can use it to their advantage in the general election against the president, along with advancing their goal to widen the Republican lead in the House and gain a majority in the Senate. According to the Real Clear Politics Poll Average, Republicans have a slim 1.4% lead over Democrats on the generic congressional ballot. This bill, compounded with Obamacare, provides additional evidence of the Democrats’ insistence in treading on the Constitution, the rights of the people (ironically so given the amendment’s name) and their own transformation into a party favoring totalitarianism; hell bent on holding power over the hearts and minds of its citizens.
The Democrats’ determination in portraying corporations as some evil board of directors is part of the problem that has defined the Obama administration the past three years. This approach has led to divisive rhetoric aimed at our most vulnerable citizens, a failure to propose tax policies that would promote growth and reform, and pie in the sky jobs plans that never came to fruition. Our stifled growth in the eighteen months after the 08-09 Recession ranks at historic lows- a divergence from past periods after a recession in which the United States has roared back in its economic progress and gross GDP.
All of this can be tied to the government-centered ideology advanced by the Obama administration, its congressional allies and now what is currently embodied in one poorly written resolution to amend the Constitution. It is time for The People’s Rights Amendment to get the negative attention it deserves. Governor Romney and Republicans can use it to ensure that a bill with such overreach and disregard for the principles this county was founded on will only serve as a final act of hubris displayed by this generation’s Democrats, shortly before the collective hammer of rejection is levied in election booths this coming November.
– John P. Burns