Our First Amendment is under attack. Forty-four Senate Democrats support a constitutional amendment that would give Congress unbounded power to regulate or prohibit just about any speech concerning an election or a candidate for office. This would-be 28th Amendment is poorly drafted, extremely dangerous, and has the potential to uproot our most cherished freedoms. Its supporters should be embarrassed and the amendment should be stopped immediately.
Trumping the cherished ten words, “Congress shall make no law…abridging the freedom of speech,” the amendment would make the Constitution read, “Congress shall have power to regulate the raising and spending of money and in-kind equivalents with respect to Federal elections.” This unprecedented langauge is radically different from the amendments in the Bill or Rights: instead of limiting the power of the federal government, the proposed amendment would expand it. We’ve gone from “Congress shall make no law” in 1791 to “Congress can make any law” in 2014.