"Today, I'm announcing that in my first 30 days as President, I will propose a constitutional amendment to overturn Citizens United and give the American people--all of us--the chance to reclaim our democracy," Mrs. Clinton said in a taped speech to the Netroots Nation conference of progressives. First 30 days? Who knew the 225-year-old First Amendment was in need of such urgent revision?Is amending the Bill of Rights fair game? How about getting rid of the defendant's privilege not to testify in a criminal case? Can we give it the heave-ho? Probably not.
But those who agree with Mrs. Clinton would say her amendment does not change the real First Amendment, just a misinterpretation of it by the Supreme Court. Fair enough. Let's have an amendment to scrape off all the barnacles attached to the criminal law and procedure provisions of the Bill of Rights that were not included in those amendments as originally understood.
First over the side is the Fourth Amendment exclusionary rule. Miranda is next.
Dump that stupid rule that the prosecutor cannot comment on the defendant's failure to testify. Have you seen the prosecutor's closing argument in the BBC series Broadchurch? Great fun. Don't try this at home. Almost makes you want to move to England. Except for the wigs.