Well, we asked for bipartisanship. It seems to have arrived with a vengeance. It is rare to see Donald Trump, Sen. Elizabeth Warren, and Rep. Alexandria Ocasio-Cortez all campaigning on the same issue, but last night the former president added his voice to the call for a lifetime ban on former lawmakers (and cabinet members) working as lobbyists. This alliance is notable not only because it is uncommon but because it is pushing a reform that is likely unconstitutional. …

While not mentioning them, Trump joined earlier calls from Warren and AOC to enact this ban. Sen. Ted Cruz has also called for such a ban, even uttering the unprecedented words “I agree with AOC.”

The problem is that such a ban is presumptively unconstitutional.

The First Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The “right to petition the Government for a redress of grievances” is called lobbying. In United States v. Finance Committee to Re-Elect the President in 1974, the D.C. Circuit noted that “[l]obbying is of course a pejorative term…another name for it is petitioning for the redress of grievances. It is under the express protection of the First Amendment.”

[Populism makes strange bedfellows, but it also points up the disgust people have for the revolving Beltway door. Turley has other proposals to combat this, but make no mistake — it remains a potent issue, which is why populists converge on this. — Ed]