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Dems’ Plan to Counter Criticism: Outlaw It

A common pattern in American political discourse is for conservatives to accuse liberals of some statist extremism, liberals to insist the complaint has no merit whatsoever, and then when it’s clear conservatives are on to something liberals lament, more in sorrow than in anger, that conservatives had a point but took it way too far. How vindicated conservatives then feel if information comes to light to back up their warnings about the slippery slope of state power.

The evolution of the Democrats’ deranged attacks on the Koch brothers and political participation in general has followed precisely this pattern. The trickle of mentions of the Kochs turned into a flood, as Democratic Senate Majority Leader Harry Reid became thoroughly incapable of discussing any topic–campaign finance, Ukraine, the minimum wage–without calling out the libertarian philanthropists. He called their participation in the political process “un-American” in an ever-escalating crusade to declare them former people and seek to pressure the judiciary into permitting limitations on free speech rights.

Conservatives warned that high-profile Democrats’ hostility to the First Amendment was liable to result in the curbing of Americans’ constitutional rights. Liberals scoffed. Yet now, the Hill reports, Democrats–who haven’t exactly been models of subtlety, but who at least permitted liberals some plausible deniability–are through beating around the bush. Democratic Senator Chuck Schumer has announced his party’s newest midterm election strategy: amend the Constitution to rein in its free speech protections. From the Hill:

Democratic leaders on Wednesday unveiled a plan to vote on a constitutional amendment “very soon” to overturn the Supreme Court’s decisions in Citizens United v. FEC and McCutcheon v. FEC, which have empowered wealthy donors such as Charles and David Koch.

The amendment has virtually no chance of passing this year because it must garner two-thirds support from both chambers of Congress and receive ratification from three-quarters of the states. Democrats believe it will help them preserve their Senate majority, however.

Campaign finance reform traditionally rates low on voters’ lists of concerns, but Sen. Charles Schumer (D-N.Y.), the Senate Democrats’ chief political strategist, believes a battle over a constitutional amendment will bolster their populist economic message.

“The constitutional amendment we know requires two-thirds, it’s a long hard road. But given the McCutcheon decision we have to begin it,” he said. “Most Americans don’t believe the system works in their favor. We are showing whose side you’re on.”

Now, of course the idea of amending the Constitution itself isn’t crazy, and Schumer should be commended for at least adhering to the process. But the First Amendment is rarely the target. Voters tend to be pretty fond of that one, though Democrats increasingly aren’t.

Campaign-finance restrictions of the sort Democrats favor are quite plainly incumbent protection plans. Democrats have been taking a beating lately in the polls, as public opinion has soured on their flailing agenda. So Schumer has proposed a solution: no need to change the policies to adhere to public opinion if you can just restrict the public’s ability to express that opinion.

A constitutional amendment to outlaw criticism is a bit heavyhanded even for someone like Schumer. But it has the effect of confirming, from the mouths of Democrats themselves, that yes, there is a slippery slope from criticizing the wealthy to explicitly targeting constitutional rights–and they intend to slide down it head-first.

Obviously the attempt will fail to get the votes; whatever their faults, it’s doubtful most of the Democrats running for reelection have completely lost their minds. Additionally, the Democrats have already sacrificed seats for The Cause, by voting for ObamaCare and then getting their clocks cleaned in the following midterms. I’m not sure how many times the White House and Democratic congressional leadership can hope to get their party to vote for abusive federal power grabs that are openly hostile to public opinion and individual rights.

The point, according to Schumer and Co., is really about messaging anyway. The message is this: they have to take away your rights in order to take away the Kochs’ rights. Democrats are keen on fairness, and it’s only fair to legally bar everyone from certain constitutionally protected political activism in order to weaken Democrats’ opponents. It’s possible this sounded less crazy in Schumer’s head before he announced it, but either way he seems pretty committed to it now, a fact which I imagine delights Republican candidates across the country.


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