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June 18, 2010
The NRA's Deal with the Devil
By Mark J. FitzgibbonsDisappointment does not come from opponents; it comes from friends.
Earlier this week, the NRA
issued a statement when it was becoming known that Democrats had cut a
deal exempting the NRA from coverage under the DISCLOSE Act, which is
the Nancy Pelosi-Chuck Schumer response to the Citizens United
First Amendment decision by the Supreme Court that targets free
speech.
The NRA's initial statement of justification
reflected the logical inconsistency of the NRA's position, to wit:
Thus,
the NRA's first obligation must be to its members and to its most
ardent defense of firearms freedom for America's lawful gun owners.
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Any efforts to silence the political speech of
NRA members will, as has been the case in the past, be met with strong
opposition.
That initial justification
ignored the fact that NRA members, first and foremost, are citizens before
they are NRA members. As citizens, they will be hurt by the DISCLOSE
Act because it will reduce speech, press, and association rights.
The
DISCLOSE Act will weaken the ability of citizens to rid the country of
bad, corrupt politicians. The bill will help protect the
unconstitutional power-grab by the Barack Obama administration and
law-breaking by the government. Additionally, the NRA has no guarantee
that a future Congress won't renege on its current deal.
By
exempting the NRA so that it would not oppose the legislation,
congressional Democrats knew darn well that they would still be
abridging the First Amendment rights of all NRA members -- as
in, every last one of them. The exemption for the NRA may protect the
entity called the NRA, but it nevertheless harms the First Amendment
rights of NRA members.
Secondly, all NRA members are
associated in one way or another with commercial and nonprofit entities
that will be hurt by the DISCLOSE Act. The NRA has, of course, no legal
obligation to protect the rights of other entities.
There
are, however, entities that have fought to protect rights from which
NRA has benefited. Suffice it to say, there might not even be an NRA but
for the entities that exist because of free markets, or organizations
that fight for the other nine rights in the Bill of Rights, not
to mention the fact that the very existence of other Second Amendment
organizations benefits the NRA, even if indirectly, because they add
more force, energy, and ideas to the cause.
The NRA
apparently forgets what Ben Franklin said, which is that we must all hang
together, or assuredly we shall all hang separately.
Therefore,
the NRA's initial statement of justification -- that its first
obligation must be to its members -- failed on its face.
Following harsh criticisms in The Wall Street Journal, The Washington Post (by NRA board member Cleta Mitchell), National Review, and just about every constitutional conservative who hasn't been in a coma this past week, the NRA issued another statement on June 17. It only added insult to injury.
The
second NRA statement comes out swinging at its friends, saying "critics
of our position have misstated or misunderstood the facts." Not so.
Congressional Democrats and the NRA are doing what is categorically
unacceptable, which is playing crony politics with the Bill of Rights
and our freedoms.
The statement went on to argue that the
NRA hadn't "sold out," as many of its friends and members charged. It
reads:
Our position is based on principle and
experience. During consideration of the previous campaign finance
legislation passed in 2002, congressional leadership repeatedly refused
to exempt the NRA from its provisions, promising that our concerns would
be fixed somewhere down the line. That didn't happen; instead, the NRA
had to live under those restrictions for seven years and spend millions
of dollars on compliance costs and on legal fees to challenge the law.
We will not go down that road again when we have an opportunity to
protect our ability to speak.
Sorry, but that
is doublespeak. It's the equivalent of saying, "Our reason for selling
out now is that we tried to sell out on campaign finance legislation
before, but Congress reneged on its deal with us."
The
part of the statement that should throw everyone into a fit, however, is
this:
There are those who say the NRA has a
greater duty to principle than to gun rights. It's easy to say we should
put the Second Amendment at risk over some so-called First
Amendment principle.
So-called? That's a despicable phrase for an organization claiming to support the Bill of Rights and a Bill of Rights defender. We expect the First Amendment to be called "so-called" by congressional Democrats, crusty old Washington left-wingers, and the liberal faux good government groups composed of '60s retreads such as the League of Women Voters.
American is at a moment in time when
people are fed up by the type of deal the NRA just cut. The NRA's
friends told it that it was on the wrong side of this issue and on the
wrong side of this American moment. The NRA, however, spurned its
friends, its members, and ultimately, freedom.
Update:
Nancy Pelosi has pulled the vote on the DISCLOSE bill. John Bresnahan of
Politico writes:
Following
a rebellion by two important factions of rank-and-file House Democrats,
Speaker Nancy Pelosi (D-Calif.) has pulled a campaign-finance bill
opposed by a broad coalition of special interest groups, including the
U.S. Chamber of Commerce.
Pelosi and other Democratic
leaders had scheduled a Friday vote on the DISCLOSE Act, a bill
requiring special-interest groups to disclose their top donors if they
choose to run TV ads or send out mass mailings in the final months of an
election. The legislation is designed to roll back the controversial
Supreme Court decision in the Citizens United case, which overturned
restrictions on corporate campaign activities.
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