Amending the Constitution

Amending the First Amendment: The Udall Proposal is Poorly Drafted, Intellectually Unserious, and Extremely Dangerous to Free Speech

The Senate Judiciary Committee will soon hold a hearing on S.J. Res. 19, a constitutional amendment to restrict First Amendment rights proposed by Senator Tom Udall (D-NM) and sponsored by 41 other senators. Senate Democratic leaders have indicated they plan to bring the measure to a vote on the Senate floor. This analysis examines the […]

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More Soft Money Hard Law: “Great and Extraordinary Occasions” for Constitutional Reform—and The Question of Evidence (In the News)

By Bob Bauer Of the several constitutional amendments favored by Justice Stevens, the one dealing with campaign finance reform strikes Cass Sunstein as “the strongest.” Cass Sunstein, The Refounding Father, N.Y. Review of Books Vol. LXI, No. 10 (June 5, 2014) at 10.  He argues that without controls on political spending, income inequality will beget […]

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Washington Times: Amend the First Amendment to curb political speech? (In the News)

By Luke Wachob Democratic Sen. Tom Udall of New Mexico and dozens of other senators apparently find the elegant simplicity of the First Amendment offensive. It’s hardly surprising that politicians don’t like the sound of “Congress shall make no law abridging freedom of speech” when they want to silence critics. Not satisfied with the most popular amendment in […]

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