Ted Olson Wants Congress to Bar the Koch Brothers’ Contributions to Incumbents. I Say: Good Idea!

Forty-six Senate Democrats have concluded that the First Amendment is an impediment to re-election that a little tinkering can cure. They are proposing a constitutional amendment that would give Congress and state legislatures the authority to regulate the degree to which citizens can devote their resources to advocating the election or defeat of candidates. Voters, whatever their political views, should rise up against politicians who want to dilute the Bill of Rights to perpetuate their tenure in office.

Led by Majority Leader Harry Reid, these Senate Democrats claim that they are merely interested in good government to “restore democracy to the American people” by reducing the amount of money in politics. Do not believe it. When politicians seek to restrict political speech, it is invariably to protect their own incumbency and avoid having to defend their policies in the marketplace of ideas.

–  Harry Reid Rewrites the First Amendment. When politicians seek to restrict speech, they are invariably trying to pr otect their own incumbency.  By Theodore B. Olson, Wall Street Journal, today

Hmmm.  The McCain-Feingold campaign-finance statute, which the Supreme Court largely eviscerated in Citizens United v. FEC in early 2010 and all but completed the job earlier this year in McCutcheon v. FEC, was enacted in 2002.  In 2006, the Democrats unexpectedly gained control of both the Senate and the House, largely by defeating, y’know, Republican incumbents, and substantially increased their majority in both houses in 2008, mainly by defeating, um, Republican incumbents.  Citizens United certainly helped the Republicans gain control of the House in 2010, but failed that year and again in 2012 to recapture the Senate.  Harry Reid won reelection in 2010, despite the Kochs’ ad Karl Rove’s very best efforts.

Led by Minority Leader Mitch McConnell, Senate Republicans, as Koch puppets, claim that by defeating the proposed constitutional amendment to nullify Citizens United and McCutcheon, they are merely interested in good government to “return democracy to the American people” by continuing to allow unlimited amounts of money in politics. Do not believe it. When politicians seek to have Congress and state legislatures controlled by plutocratic puppeteers who actually draft legislation secretly and then deliver the finished draft to their legislator puppets, it is invariably to protect their own incumbency and try to gain or retain a stranglehold on mechanisms of government and avoid having to defend their policies in the marketplace of ideas.

That said, if Ted Olson’s real concern is that a return to pre-Citizens United, McCain-Feingold-like campaign finance laws would just serve to strengthen incumbency, the obvious answer is to demand that Mitch McConnell, an incumbent currently running for reelection, step up to the plate, return his Koch contributions, and propose legislation that would restrict contributions to incumbents in order to give challengers a stronger voice.  That’s something that McConnell and his challenger, Alison Lundergan Grimes, might agree on.

It’s all about the First Amendment, see.

What a moronic op-ed.

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