Fellow Patriot: The voluntary financial generosity of supporters like you keeps our hard-hitting analysis coming. Please support the 2024 Patriots' Day Campaign today. Thank you for your support! —Nate Jackson, Managing Editor

January 24, 2010

It’s Time to ‘Roll Back’ Liberalism

America: the time has come to roll back liberalism. This was the best week for conservatism in modern memory. On Tuesday, Scott Brown won a tremendous victory for the Republican Party in his Massachusetts Senate race. On Thursday, the Supreme Court handed down a decision more important to the Constitution than any it has handed down in decades.

America: the time has come to roll back liberalism.

This was the best week for conservatism in modern memory. On Tuesday, Scott Brown won a tremendous victory for the Republican Party in his Massachusetts Senate race. On Thursday, the Supreme Court handed down a decision more important to the Constitution than any it has handed down in decades.

The case, entitled Citizens United v. Federal Election Commission, dealt with Citizens United’s “Hillary: The Movie,” a 2008 documentary highly critical of the then-Democratic presidential candidate. The Federal Election Commission saw the documentary as a political advertisement in violation of the McCain-Feingold Bipartisan Campaign Finance Reform Act (BCRA), and shut down Citizen United’s publicity efforts. Citizens United sued. And on Thursday, the Supreme Court ruled that corporations no less than individuals have a right to political speech.

The significance of the ruling is clear: It recognizes that freedom of the press and freedom of speech apply to all people, whether or not those people choose to organize legally as a PAC, a 527, a 501©(4) or a corporation. The unspoken rationale behind campaign finance reform has always been the equalization of access to political influence; many leftists feel that a poor man’s speech is not truly “free” unless it counts as much as a rich man’s in the public square. In this view, free speech is a commodity to be parceled out by the government in the name of equality, not an opportunity or a restriction on government interference in political action.

Because this rationale is not palatable to most Americans – we don’t want the government rationing our speech – the campaign finance reform gurus have cloaked themselves in the guise of “anti-corruption.” In Citizens United, however, the Supreme Court came out foursquare against that flimsy facade. “[T]he First Amendment,” wrote Justice Anthony Kennedy, surprisingly lucid for once, “does not allow political speech restrictions based on a speaker’s corporate identity.”

The Citizens United decision demonstrates more than renewed allegiance to free speech principles, however. It demonstrates that perversions of the Constitution are not entrenched forever; Reagan-esque “rollback” is possible, even at the Supreme Court. Citizens United overtly states that the hallowed – and foolish – principle of stare decisis cannot be the final word for conservatives.

For too long, liberal legal authorities have hidden behind stare decisis when it suits them (see Roe v. Wade) and rejected it when they see fit (see Lawrence v. Texas). And conservative legal scholars have allowed liberals to get away with it because of the premium conservatives generally place on maintenance of the status quo – as William F. Buckley famously put it, standing athwart history yelling Stop.

Historically, conservatives have embraced stare decisis on principle; liberals have embraced it without principle. As G.K. Chesterton put it, “The business of progressives is to go on making mistakes. The business of the conservatives is to prevent the mistakes from being corrected.” Justice Antonin Scalia seconds Chesterton’s motion in practice, stating, “You simply cannot reinvent the wheel in every case … Life is too short. By and large, I am not urging that we rip out all of the mistakes made over the last 50 years.”

Now, finally, conservatives are beginning to wake up. As Justice John Roberts, a big believer in stare decisis, puts it in his concurring opinion in Citizens United, “in the unusual circumstance when fidelity to any particular precedent does more to damage [the rule of law] than to advance it, we must be more willing to depart from that precedent.” The next step is for conservative justices to begin righting the wrongs that have occurred time after time in the Court’s jurisprudence. Scalia’s pragmatism isn’t good enough. Simply because a bad decision is old does not make it a good decision. Our Constitution did not respect precedent; if it did, we’d be monarchists. It respected certain principles, and those principles must be protected at all costs.

Americans should look at Citizens United and take heart. Not all bad decisions are irreversible, even at the Supreme Court. At the same time, Citizens United should be a cautionary tale for American voters. It took the Supreme Court nearly a decade to dismantle the most egregious encroachment on free speech in our nation’s history. We should rely not on them but on ourselves to preserve constitutional principles.

We can roll back the damage liberals have done to our founding principles – just look at Scott Brown. It’s easier to get rid of liberals and to roll back their awful policies electorally than it is to overrule awful Supreme Court decisions stamped with the legitimacy-conferring patina of stare decisis. Roll back starts with us.

COPYRIGHT 2010 CREATORS.COM.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.