SJ Res 19

Ted Cruz Taken Down by Famous Law Prof Ewrin Chemerinsky on Democracy Amendment

Noted constitutional law scholar Erwin Chemerinsky took to the op-ed page of The Hill last week to utterly dismantle Senator Ted Cruz's outlandish arguments against the proposed constitutional amendment to undo the consequences of decisions like Citizens United.

In his not-so-subtly titled op-ed "Ted Cruz should be ashamed," he wrote that while it is reasonable for Congress to debate the merits of a proposed amendment, Cruz’s claims about how the amendment would affect Americans are outright lies and "have no place in an informed debate."

Here’s Dean of UC Irvine School of Law Erwin Chemerinsky:

In a statement to the Senate Judiciary Committee, Cruz declared: "This amendment here today, if adopted, would repeal the free speech protections of the First Amendment. . . . This amendment, if adopted, would give Congress absolute authority to regulate the political speech of every single American, with no limitations whatsoever."

Similarly, in an op-ed in the Wall Street Journal, Cruz said, the amendment "gives Congress power to regulate—and ban—speech by everybody." In remarks at the Family Research Council, Cruz declared: "What it [the proposed amendment] says is that politicians in Washington have unlimited constitutional authority to muzzle each and every one of you if you’re saying things that government finds inconvenient."

The amendment does nothing of the sort. It gives no authority to the government to ban or limit anyone's speech. It provides the government no power to "muzzle" messages the government doesn’t like. It does not change in any way the long-standing First Amendment principle that the government cannot restrict speech based on the content of the message or the views expressed. The amendment would do no more than allow the government to regulate spending in election campaigns.

Chemerinsky goes on to note that he has debated Cruz multiple times and knows that Cruz is "a person of great intelligence," who has had a distinguished legal career. Consequently, Chemerinsky concludes that Cruz's lies indicate that "he knows exactly what the proposed amendment would do and yet has chosen to vilify it by misrepresenting it."

Cruz responded to Chemerinsky in today’s The Hill, with an op-ed entitled “I did not lie.” Cruz accuses Chemerinsky of waging “personal insults” against him, and argues that Chemerinsky’s piece was invalid on a technicality, because he quoted from a slightly later iteration of the bill. Interestingly, Cruz’s response focuses far more on attacking Chemerinsky than on presenting – or clarifying – any valid argument against the constitutional amendment.

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Money in Politics Takes Top Billing on Congress.Gov

Congress.gov saw so many views of S.J. Res. 19 because Americans across the country are interested in creating an America that does not allow corporations to use their money to cozy up with politicians.
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Udall Constitutional Amendment to Restore Our Democracy: PFAW Member Telebriefing

The day after Sen. Tom Udall’s proposed constitutional amendment to get big money out of politics was considered at a Senate Judiciary Committee hearing, Sen. Udall joined People For the American Way activists, supporters, and staff members on a member telebriefing to discuss the amendment and what Americans can do to support it.

Sen. Udall noted in his introduction that together we have come a long way in the movement to get big money out of politics, due in part to the work of People For the American Way. He said that in the last few years, our nation’s campaign finance laws have come under increasing attack. There are only two ways, Sen. Udall said, to have lasting reform on this issue: either the Court can reverse itself, or we can amend the Constitution to overturn cases like Citizens United v. FEC and McCutcheon v. FEC. Sen. Udall pointed out that elections should be about the quality of ideas, not the size of bank accounts. 

When asked by a participant to address the false claim pushed by Sen. Ted Cruz and other right-wing politicians and activists that this amendment is an attack on the First Amendment, Sen. Udall explained: “This is about restoring the First Amendment so it applies equally to all Americans.” He pointed out that our access to constitutional rights and our ability to participate in the democratic process should not be based on our net worth. 

Sen. Udall urged activists on the call to voice their support at every opportunity they have. Specifically, he encouraged advocates to get a copy of the amendment and urge their local officials to support it by passing resolutions. Despite the lengthy process of amending the Constitution, Sen. Udall asked participants not to be discouraged; with a strong grassroots movement, he said, we can make it happen.

PFAW executive vice president Marge Baker also fielded questions from participants on the call. She urged activists to connect campaign finance reform to the issues most important to them and their communities, whether that’s fighting for health and safety on the job, defending the environment, or protecting voting rights. On voting rights, Baker pointed out that the Supreme Court’s attacks on campaign finance laws go hand in hand with their attacks on the right to cast a vote; both have the effect of disempowering average Americans in our democracy. This is why, Baker pointed out, we must take on the Supreme Court and reclaim our political system – making it a democracy truly of, by, and for the people. 

You can listen to the call here:

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PFAW and Allies Deliver to Senate Hearing Two Million Petitions for an Amendment to #GetMoneyOut

Before yesterday’s Senate Judiciary Committee hearing on a proposed campaign finance constitutional amendment had even begun, advocates from People For the American Way and partner organizations had already delivered a powerful message from the American people. Carrying signs saying “Restore the First Amendment” and “Amend the Constitution to #GetMoneyOut,” activists rolled in stacked boxes of more than two million petitions in support of an amendment to get big money out of politics.

 

In his opening remarks, Sen. Patrick Leahy noted that these petitions serve as a “tangible reminder that Americans are calling on Congress to act.”

In an rare move that underscored the importance of the proposed amendment, both Senate Majority Leader Harry Reid and Minority Leader Mitch McConnell testified at the hearing. Sen. Reid issued a call to action for the amendment, urging Americans to work together to restore the basic principle of one American, one vote. “Our involvement in government should not be dependent on our bank account balances,” he said.

Sen. McConnell, on the other hand, used the platform to claim that the proposed amendment is about shutting people up, calling it the “latest proposal to weaken the First Amendment.” Later, Sen. Ted Cruz continued to push the false claim that the amendment would “repeal the free speech protections of the First Amendment” and “muzzle” Americans.

But other witnesses were quick to debunk this myth, including constitutional law expert Jamie Raskin, who is also a senior fellow at People For the American Way. In his testimony, Raskin noted:

[E]ven as our huge majorities of Americans support reclaiming our democracy, opponents of the Amendment are waving the flag of the First Amendment, as if political democracy and free speech are enemies. But the Citizens United era has nothing to do with free speech and everything to do with plutocratic power. Citizens United did not increase the rights of a single citizen to express his or her views with speech or with money. Before the decision, all citizens, including CEOs, could express themselves freely, make contributions, and spend all the money they had to promote their politics. They could band together with the help of the corporation and form a PAC. All Citizens United did was confer a power on CEOs to write corporate treasury checks for political expenditures, without a vote of the shareholders, prior consultation or even disclosure.

In terms of real world consequences, Raskin went on to note, these damaging Supreme Court decisions did not “expand the political freedom of citizens but… reduce[d] the political power of citizens.”

North Carolina State Senator Floyd McKissick described some of those real world effects, noting that he can divide his time in the state legislature into two distinct periods: “before Citizens United, and after”:

Suddenly, no matter what the race was, money came flooding in. Even elected officials who had been in office for decades told me they’d never seen anything like it. We were barraged by television ads that were uglier and less honest than I would have thought possible. And they all seemed to be coming from groups with names we had never even heard of. But it was clear that corporations and individuals who could write giant checks had a new level of power in the state.

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