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Citizens United v Federal Election Commission & Campaign Finance
The Supreme Court Campaign Finance ruling involving Citizens United v. Federal Election Commission has dramatically changed key provisions of the 2002 McCain-Feingold Act, clearing the way for unfettered and unlimited corporate and union campaign financing. Before Citizens United v. Federal Election Commission companies and unions would have to do it through Political Actions Committees (PAC's).
The Atlantic has a good summary of the Supreme Court campaign finance decision, saying the change in the Citizens United case eliminates the "middleman" (the PAC's).
"Now, however, the accounting firewall is gone, and Wal-Mart or the Service Employees International Union, for instance, can spend their corporate money directly on candidates."
The 5-4 Supreme Court decision essentially means the sky is the limit for political donations by corporations. Writing for the majority Justice Anthony Kennedy wrote
”We find no basis for the proposition that, in the context of political speech, the government may impose restrictions on certain disfavored speakers."
Justice John Paul Steven writing for the minority (all 4 Liberals on the Supreme Court) said the decision was an abrupt shift in first amendment precedent that had been established since the 1940s writing it was a ”radical departure from what had been settled First Amendment law.”
The decision has outraged public interest advocates like Ralph Nader.
"Today's decision by the U.S. Supreme Court in Citizens United v. Federal Election Commission shreds the fabric of our already weakened democracy by allowing corporations to more completely dominate our corrupted electoral process.
Nader's statement on the Citizens United v. Federal Election Commission continues,
It is outrageous that corporations already attempt to influence or bribe our political candidates through their political action committees (PACs), which solicit employees and shareholders for donations. With this decision, corporations can now also draw on their corporate treasuries and pour vast amounts of corporate money, through independent expenditures, into the electoral swamp already flooded with corporate campaign PAC contribution dollars.
This corporatist, anti-voter decision is so extreme that it should galvanize a grassroots effort to enact a Constitutional Amendment to once and for all end corporate person hood and curtail the corrosive impact of big money on politics. It is indeed time for a Constitutional amendment to prevent corporate campaign contributions from commercializing our elections and drowning out the civic and political voices and values of citizens and voters. It is way overdue to overthrow "King Corporation" and restore the sovereignty of "We the People"!
Supporters of Citizens United and its campaign like the Cato Institute had this to say
"Today the Supreme Court struck a major blow for free speech by correctly holding that government cannot try to 'level the political playing field' by banning corporations from making independent campaign expenditures on films, books, or even campaign signs. ...In short, the Citizens United decision has strengthened both the First Amendment and American democracy."
One thing is clear that the campaign finance industry has changed, for both Democrats and Republican candidates. They now have the ability to raise money from more sources than ever before and with mid-term elections on the horizon political fund raisers will be knocking on corporate and union doors with more vigor then ever before.
Background Citizens United v. Federal Election Commission
The Citizens United v. Federal Election Commission stems from 2008 case involving a conservative non-profit organization that wanted to run ads to promote its documentary on Hillary Clinton, called Hillary: The Movie (see video). The Federal Election Commission decided that the ads could air at the time they were slated to run - the eve of the democratic primaries. The Federal Election Commission sited a restriction o "electioneering communications" 30 days before the primaries.
Citizens United appealed and the case would its way to the Supreme Court.
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Most RecentMost Recommended Comments (13)
at 10:35 on January 21st, 2010
I didn't see your story come up, when I was writing my piece. Apparently, we were both on the topic at the same time.
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James Butler (not verified)at 11:15 on January 21st, 2010
Now corporate officers can be charged with murder when they buy a company and "kill" it. If they fail to keep their company afloat, they can be charged with negligence leading to manslaughter.
In other news, AT&T and Verizon have applied for a marriage license.
Meanwhile, "corporate welfare" takes on a whole new meaning, as Food Stamps are now issued to any corporation whose income falls below the "corporate poverty line".
Am I cyber-bullying them? Thanks for nothing, SCotUS.
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stove (not verified)at 12:34 on January 22nd, 2010
James... brilliant observations!!! Let the bully run free.
at 12:10 on January 21st, 2010
hey naute, I saw your story after I published mine.... clearly we both think the story is important
at 12:35 on January 21st, 2010
Yes we do. When your story appeared before mine came up, I thought: "that wasn't my lead." lol. good post.
at 12:35 on January 21st, 2010
i disagree with this decision.....for a variety of reasons.....i do not understand how a corporation is the same as a person.........if it is , then it must follow that all must be treated equally....ie same sex people should enjoy the same rights and freedoms as others and therefore the denial of their right to marry or enter into a civil union is illegal i think the united states will be inundated with silly hateful, biased and misleading political ads...hopefully the american public will be able to see through it i went and looked up the group citizens united...it would appear that they wish a return to the days of old,,they advocate withdrawl from the un as well as the world court ....this would mean that the ubited states would not be bound by any treaties etc signed...however in my mind and it may be skewed a tad, if a corporation has the same rights and obligations as an individual, then it must follow that the ubited states would have the same rights and obligations...ie submitting to the international laws and treaties that it has agreed to...
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Bill Pennock (not verified)at 10:14 on February 16th, 2010
Corporations are not held to be the same as people, they are associations of people. It is people who get to have free speech. Every wonder why ALL the politicians stood up when Obama chastised the Justices in the state of the union? I believe it's because before Citizens United the money HAD to flow through their hands and therefor their control. This decision allows groups of people the freedom to speak which is one of the most basic liberties of a free society. The more discourse the better!! I'd much rather hear Walmart and the service unions, as a for instance, appeal directly to the us through ad's and other means then have them do it through the mouthpieces they buy
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Corporations_aren't_People (not verified)at 15:31 on January 21st, 2010
Don't forget Foreign Corporations can create US subsidiaries. Here are some examples of entities that can now create US-based subsidiaries for the sole purpose of influencing the political process in America:UBS, a Swiss bank currently facing charges of fraud in the USAny one of corporations controlled by the People's Army in ChinaThe Saudi-controlled ARAMCOThe Bin Laden Group.
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Corporations_aren't_People (not verified)at 15:33 on January 21st, 2010
Don't forget Foreign Corporations can create US subsidiaries. Here are some examples of entities that can now create US-based subsidiaries for the sole purpose of influencing the political process in America:
(Sorry, didn't know how to format first post, and don't know how to delete it. If an administrator reads this, please delete earlier post.)
at 17:09 on January 21st, 2010
This is more Bilderberg group strategy to more easily buy a president. Not that they had any trouble doing it before, but now the sky is the limit. Next stop, a "one world government" presidency, funded by Bilderberg.
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urdeaf (not verified)at 08:59 on January 22nd, 2010
You can sign a petition to help stop Corporations from using this decision by going to "savedemocracy.net" representative Alan Grayson's web site.
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michele tracey (not verified)at 09:54 on January 22nd, 2010
this ruling has got me so depressed i can hardly hold my head up. WTF
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Bill Pennock (not verified)at 10:38 on February 16th, 2010
Check out Institute for Justice and Reason.org for some alternative view's on this ruling. Michele, as a student of the constitution and the individual liberty that this country was founded on this ruling makes me elated not depressed. I encourage you to go to these two sources and perhaps CATO for at least an alternative well thought out view. Then if you still believe it's wrong ok, but the media is VERY one sided on this issue it seems to me