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Reversing 'Citizens United'
It will be a year this week since Chief Justice John Roberts and his
conservative activist colleagues on the Supreme Court joined together in
a dramatic assault on American democracy. Their decision in the Citizens United
case overturned more than a century's worth of precedent by awarding
corporations the rights of citizens with regard to electioneering. The court did away with limits
on when corporations can spend on elections, how much they can spend
and how they can spend their money, allowing unlimited contributions
from corporate treasuries to flood the electoral landscape.

As The Nation noted in the days after the case was decided, "This decision tips the balance against active citizenship and the rule of law by making it possible for the nation's most powerful economic interests to manipulate not just individual politicians and electoral contests but political discourse itself."
According to Bill de Blasio, New York City's public advocate, Citizens United spending - that is, spending that was only made possible by the court's ruling - accounted for 15 percent of the roughly $4 billion spent on the 2010 midterm elections. Eighty-five million dollars of Citizens United money was spent on U.S. Senate races alone. Worse, 30 percent of all spending by outside groups was funded by anonymous donations, an illegal action prior to the ruling. Forty million of the dollars spent on Senate races came from sources that might never be revealed.
But as striking as these consequences might be, the 2010 election was just an experiment, the first opportunity to test the new law. In future elections, corporations and shadowy organizations will have a clearer understanding of the boundaries they are operating within, a reality that is sure to translate into more undisclosed cash. And the savvier corporate players know that the mere threat of a corporate onslaught of funding for or against a candidate is enough to win legislative favor, in effect blunting prospects for sound regulation, consumer protection and fair tax policies. As former senator Russ Feingold (D-Wis.), himself a victim of Citizens United spending, said, "It is going to be worse in 2012 unless we do something - much worse."
Yet even as we lament this decision, we should recognize the opportunity it presents. Justice Roberts and his allies overreached so brazenly that they have created an opening for genuine reform.
There are multiple steps that can be taken, both short-term and long-term, to roll back the corrosive impact not just of Citizens United but of preceding campaign finance cases and statutes that already had flooded the electoral landscape with special-interest spending. At the more modest end of the spectrum is the option of reviving the Disclose Act or introducing similar legislation that would require corporations to show how they spend money on elections and provide disincentives to spending it. This would be a good step, but it is mere triage; if not accompanied by a broader push for a bolder set of reforms, its success would do little to curb the corporate takeover of American elections.
One potential policy change that could accompany greater disclosure would be the introduction of a public financing system, which would empower small donors. Legislation has already been introduced in Congress - the Fair Elections Now Act, which has more than 160 supporters in the House. A similar system has been adopted in Arizona, and, in 2007, New York City adopted an intriguing mechanism of public finance in which the city matches small donations at a 6-1 ratio, boosting grass-roots fundraising.
The result? According to the New York Times, the changes "drastically curtailed the role of businesses, political committees and lobbyists in campaigns" and, importantly, "caused a major drop in donations from those doing business with the city." Such a system, implemented on the national level, could greatly increase the influence of average citizens. In the post-Citizens United era, there are already efforts afoot to weaken such systems. In Arizona, for example, the Chamber of Commerce is working aggressively to overturn the state's clean-money legislation. A push for national public financing, then, must be accompanied by a strong defense of those systems already in place.
The clearest and boldest counter to the court's ruling would be a constitutional amendment stating unequivocally that corporations are not people and do not have the right to buy elections. Rep. Donna Edwards (D-Md.) introduced such an amendment to counter Citizens United during the last session of Congress and views it as the only sure way to beat back the court. "Justice Brandeis got it right," she noted last February. " 'We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both.' "
Campaigns for constitutional amendments demand a great deal of patience and tenacity. But as Jamie Raskin, a Democratic Maryland state senator and professor of constitutional law at American University, notes, "American citizens have repeatedly amended the Constitution to defend democracy when the Supreme Court acts in collusion with democracy's enemies." Not only is a push for an amendment a worthy act, it also provides a unique opportunity to educate the broader public, raise the profile of this important issue and force elected officials to go on record as to where they stand. The campaign could create enormous pressure on state legislatures and Congress, prompting changes to campaign finance even before an amendment is ratified.
Success will require a coalition that transcends party. In this case, there is promising news. An August 2010 Survey USA poll found that 77 percent of all voters - including 70 percent of Republicans and 73 percent of independents - view corporate spending in elections as akin to bribery. Broad majorities favor limiting corporate control over our political lives. A coordinated effort, executed right, could unite progressives, good-government reformers and conservative libertarians in a fight to restore democracy.
The multitude of reform groups working to build a more just and democratic political system understand that if this issue is to grip people's imaginations, it must be about more than process. In a nation where recovery still feels like recession, the suffocating grip of corporate money is anything but abstract. Mobilizing the American people to make reform a priority will demand making the clearest possible link between the rise of corporate power and the challenges of everyday lives.
That's not a tough pitch.
In just the past two years, corporate money can be blamed for watering down consumer protections and diluting health-care and financial reform. In truth, there is almost no conversation we have in American politics in which corporations don't occupy all the seats at the table. As Sen. Dick Durbin (D-Ill.) acknowledged while talking about big banks during last year's financial reform debate: "They frankly own the place."
Changing that dynamic might well be the central challenge of this generation. Reversing Citizens United is about more than any one issue or court case - it is, at its base, a question of whether American democracy itself can beat back a corporate takeover, whether our most cherished principles of self-government can ultimately prevail.
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73 Comments so far
Show AllAkin to bribery??? Akin to bribery??? No akin about it. IT IS BRIBERY!! By playing wordgames and calling a dog a horse, our politicians have found a way to steal from all of us and claim it's just "campaign contributions". Nothing to see here, folks ... move along, move along ... no crimes being committed ... ignore the man behind the curtain, or we'll get you and your little dog, too!
Yes Thomas, and the biggest word game is calling this corporate takeover "Citizens United".
Words are important and Big Money knows how important they are for their bribes.
People can call the amendment "Real Citizens United" and "Real Citizens United Against Political Bribery and for Real Democracy" or anything similar... like "Real Citizens United for Real Democracy".
And while we are at it when they say we are Left tell them "No, we are right and they are wrong."
Politics in the USA is very much an effective word game to inspire the united actions of a majority.
What did Citizens United really change? I think it just gave independent voices of any means the right to specifically endorse the defeat or election of a particular candidate. The Swift Boat ads of 2004 were legal, and there was no limit on their financing. They were clearly meant to defeat Kerry and elect Bush, but the law then allowed ads to convey such a purpose only by implication. The only difference now is that Citizens United would have allowed the Swift Boaters to end their ads by saying, "Vote for Bush".
Do we really want the government to limit speech? Chavez has won in Venzuela despite the constant oppostion of most media and gross spending against him by the elites there. Maybe we just need our wealthy liberals and unions to organize the working and poorer classes so that they will not be fooled into voting against their economic interests. No amount of advertising should be able to crack solidarity. No amount of money could convince the folks in Venzuela to elect the President of Caracas Chamber of Commerce to be their leader.
I frankly worry about a government that can limit speech, even if it comes from the press of the despicable United States Chamber of Commerce.
I don't think it's really fair to compare Venezuela and the US in this case. While I'm fairly ignorant of Venezuelan history, I believe that Chavez is the first leader that Venezuela has (ever?) had who is actually on the side of the man in the street. To the average Venezuelan, Chavez is so far above anything, that everyone can see the difference clearly. In the US we have politicians who are mildly better or worse than each other, and the differences are often muddy.
Or for that matter, from the despicable unions (which Citizens United are also entitled to the right of free speech)?
Thanks so much for your anti-worker sentiment. Around CD we usually kick the rich, but I'm sure the average Joe could use a good slap up side the head now and then. Let's hear it for corporate goon squads...hip,hip...
Just pointing out that the usual left-wing mantra that Citizens United helped only corporations is incorrect.
Come on dude Unions only have 8% of the private work force organized anymore , so how big a voice do they now represent? Corps. and Unions should NOT be considered people they aren't people they are organization of people. This is not by any means the same thing. Only in this country are these orgs. given Civil rights. It's absurd and it's been terribley abused. If they're people then when one commits a felony put it in jail.
Your comment accepts the dubious claim of the SCOTUS that speech is money. It's the money that needs regulating so that there can be a level playing field for free speech. The money is the megaphone not the speech. If it's just a battle of the biggest horn, most voices are drowned out. Good points about transparency and Chavez.
It's the Robbers' Court afterall.
http://www.opensecrets.org/overview/index.php
As the above web entry will show, BOTH sides of the aisle got millions from PACs during the 2010 election and the break was pretty well split down the middle. Since both sides were rewarded from this decission, I can see no reform or reversal coming forth in the near future.
By law any new legislation must begin in the republican controlled House.
No, only money appropriation laws need be initaiated in the House.
Do remember that the 5 Supremes who voted for this piece of crap were all appointed by republican presidents. Although not large, there is a difference between dems and repubs. Sometimes that difference means a great deal.
Kagan would have sided with the Roberts court. She worked for Goldman Sachs. It used to be that Democratic Presidents put liberals on the SC, but Obama broke the mold. I wouldn't be surprised to see him choose Lloyd Blankfein at the next opportunity.
Ah, a mindreader, or do you have an extra fine crystal ball. What do you charge for your services?
Justice Stevens was appointed by Gerald Ford, a Republican.
Can anyone imagine Gerald Ford as a right-wing tea bagger suck-up? Those were different times...
He caved to
Reagan and stopped the Salt 2 process to appease the right wing. Even so, he nearly lost the 1976 nomination, just barely defeating Reagan. Nixon always pursued arms control treaties, but President Ford backed down. Not a bad guy in many ways. Ironic that he lost to Carter after Ford told the world in the second debate that Poland was not dominated by the U.S,S,R. Not totally wrong, as the Poles were on strike more than any other country, and 90% of them went to Church every Sunday just to make the Russians mad.
Of course, the MSM even then wanted us to believe Poland was a place of complete Communist oppression, where Christians were menaced and labor suffered. The truth was somewhere in the middle.
Funny that Lech Walesa was defeated by the reconstituted communist party after his group of labor activist served out one term. Yes, that defeat came after the fall of the Berlin Wall.
Lest we forget, Gerald Ford was the person who brought DONALD RUMSFELD, RICHARD CHANEY AND GEORGE HERBERT WALKER BUSH into the government's inner circle.
Yes, I agree. Back in '72 there was a book called 'None Dare Call it Conspiricy' which pretty much point the finger at LBJ. I was way too conservative (freshly out of the Army), to really digest and accept the implications at the time, but age has smoothed off some of the sharp edges.
first, the amendment proposed needs to flat out strip "personhood" from artificial entities. second, even if that campaign could take off, the irony now is that the Cit v Unit decision could allow unprecedented corporate mobilization against any campaign like this one.
For anyone committed to seriously changing the system with a minimum of "disruption", this is probably your only chance.
Unless corporate personhood is limited by a 28th Amendment to the US Constitution, the USA will continue to historically replicate Rome, which lost its' republic because it could not control the influence of money over its' elections.
Agreed, although I'd go a bit further than merely limit personhood for anything other than persons: I'd make it flat impossible to do. Words like: Congress shall make no law that grants personhood to corporations...
(And on possessive pronouns--none of them have apostrophes: Mine, yours, ours, theirs, its. "It's" is a contraction for "it is" and "its'" literally has no meaning.
Because of the way the US government is structured, ammending the Constitution is the only way to reign in a rogue supreme court. It's worth a try. At the very least, it might create some anti-corporate sentiment among the non-rich republicans, who now mistakenly side with corporate interests.
What's more likely, though, is that corporations, who are now full-fledged persons, will amend the Constitution so that human beings will only count as 3/5ths of a person.
LOL!!
Hey, 3/5 would be an improvement. Right now I only get to vote once, while the Koch Bros get to vote like the Energizer Bunny.
chaokoh, you win the award for best post of the day.
Still, corporations grovel up to me, wanting my business, but I have to show them the door 99 times out of 100. Their warez are toxic and their agendas are mind/body and spirit-destroying. Just this morning we discussed the mega-crime of US-backed corporations destroying millions of man-hours of cumulative work over the centuries in indigenous, heirloom food crop selections worldwide. Huge numbers of varieties naturally robust and nutritious, lost to the profiteer's sledgehammer. The USan super-court thugs are public enemy two or three if not number one. There is no doubt that planet earth's number on scourge is behind the iron curtain in Washing-town. I'll be sure to never visit that place except with torch and pitchfork in hand.
"Such a system, implemented on the national level, could greatly increase the influence of average citizens."
Why does Katrina promote actions by the wizards of oz to empower the people rather than actions by the people to empower themselves?
"Mobilizing the American people to make reform a priority will demand making the clearest possible link between the rise of corporate power and the challenges of everyday lives."
While our wages have stagnated over the past thirty years, we find in the big box retailers an increase of fifty times our product options. We get so excited we almost lose our composure. These are the petro-opiates that challenge us in our quest to break our chains of dependence on the corporate monster. Stay away from the corporate warezhous! Burn your SUVs in the street! And embrace the alternative - local self-determination! Universal equity/justice!
The problem is clearly stated in the article and comments to it. My question is; where are the groups organizing for a 28th amendment or an overturning of the "Supreme's"? I am a social democrat. I support neither of the parties, who yes, are more similar than dissimilar to each other. But I can support an effort to establish a true democracy in our country, and campaign finance reform in the form of publically financed campaigns is where it has to start. Who is out there fighting for these essential reforms? Organizations? Movements waiting in the wings?
There is a move afoot to build the American Clean Energy party, which might be a way to change the political paradigm in the U.S. Read about it here: http://www.bard.edu/cep/news/release.php?id=2054
While I think it would be problematic to define "moderate" in these extremely conservative times, otherwise their strategy is intriguing.
Movements in the germination process.
We have had the first glimpse of what happens to a local populace under Citizens United. Sheriff Dupnik was simply trying to warn us about this.
I live in Arizona, and it was no surprise for me to learn our local assassin bought the gun last November. We had just endured a flood of outside money coming into our media market.
So in addition to the daily dose of hate speech and lies, we had months and months of terrifying commercials...the ominous and menacing music, images and words on the television and radio running 24/7.
It was enough to drive a sane person to paranoia and madness.
So get ready America. This is the future if we do nothing. Expect more of these kind of events.
Or WE could get up off our duffs, like the folks in Bolivia, and refuse to take this lying down.
Reversing 'Citizens United', I wonder if this will be the title of Katrina vanden Heuvel's next book on things that will never happen.
It can't be "reversed" but, assuming a future court thinks nothing of stare decisis, it could be "overruled".
It can't be "reversed" but, assuming a future court thinks nothing of stare decisis, it could be "overruled".
"The clearest and boldest counter to the court's ruling would be a constitutional amendment stating unequivocally that corporations are not people and do not have the right to buy elections. "
Beyond establishing our own effective progressive infrastructure and media outlets, the #1 fight for progressives, and ALL Americans of strong moral conscience is the fight to remove the gift of corporate personhood from our nation's set of natural protections.
The upholding of corporate personhood *is a direct affront and threat* to the value of unincorporated personhood – in other words, being a real person.
Not only can this be quite easily proven in a fair court of law, public opinion, as expressed in this article, is behind a reassessment of this legal monstrosity. The time to wield constant pressure to see the results of Santa Clara County v. Southern Pacific Railroad forever overturned, is NOW (and lasts until it is overturned!)
The problem is not the personhood of corporations, it's the personhood minus any personal responsability. A corporation as a person can commit all the crimes a person as a person cannot. Corporations became people not so they could be like people but so they could be like tyrants, long live the new king. King corporation.
This revival of what we became through time 'Kings of civility' does not take into account what happens when you think you have civilized your self but for all sense and purpose you are still at the mercy of the jungle. When we reconcile this little bothersome fact we will no longer need to worry about corrupt corporations because they will be a thing of the past. Persons as corporations will not then be a problem because persons will not be looking for a way to express the corrpted form of energy they have become, but will just express their now natural alignment with the greater cosmos. This golden era is being usherd in with the corporal death of the old person and the creative birth of the new. If we are able to rise to this new challenge that nature is laying at our feet, we will become cooperates as persons, as expressions of this new way of being human. Welcome back to the garden. Very exciting times wouldn't you say? :)
Personal responsibility is enmeshed with personhood, thus, we have laws even unto commandments within religious doctrine. The responsibility has ever been present, so to apply the illusion of personhood to a non-person, an business "entity", is an aberration of the first order. Consequently, it is the very root of the issue.
Capitalism only works in absence of monopolies, and yet the very definition (without a designated ceiling) of capitalism will lead inevitably to monopoly. Monopoly is in direct conflict with democracy. We were bound to come to this junction. Yes, it is due time for the delusion of corporate preeminence to be dissolved.
" the Fair Elections Now Act, which has more than 160 supporters in the House. A similar system has been adopted in Arizona, "
I assume that the 160 supporters in the House are all Democrats, so it will not go anywhere. And I believe that Arizona's law has been challenged and either thrown out by the Supreme Court, or soon will be.
Think about all the money which will be spent to prevent a Constitutional Amendment from passing - in the Congress and then in the states. And of course, Citizens United will be the reason all the money can be spent.
Your prediction in the short run is probably correct.
But this will not go away and time is on the side of change.
KvdH is part of the "Guardian Class" - bourgeois liberals who mobilize anyone not on the R side and corral them into the other faction of the Kleptocratic Oligarchy.
She is either is so mired in the sycophantic re-hash of meaningless details that she cannot see the strategic view, or she is simply a willing member of the Guardian Class.
Or, perhaps like many non-Reactionaries, she has Stockholm Syndrome - likely the most common mental illness in the USA
How many times does the Kleptocratic Oligarchy have to kick us in the face before we realize they do not act in our interests?
My only explanation is Stockholm Syndrome. Any psychologists in the house?
Well, watching John Nichols recent breathless tributes to Obama's sacharine Tucson rally made KVH seem mild.
We should also consider the phenomena of "idiot compassion", enabling an abuser to continue abuse relatively unabated.
Would Kucinich introduce a bill for referendums on Citizen United?
He's probably dumb enough to do so. (Citizens United is a binding interpretation of the Constitution by the highest court in the Land, not subject to variation by congressional action.)
In referendums, Citizens United would not be reversed by Congress but by the people themselves, the highest authority in a democratic land. Politicians don't like referendums because these take away their power.
That is, then, a constitutional convention, an event as likely as Justices Thomas and Scalia recusing themselves from the Citizens United decision.