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One Year after Citizens United
A year ago this week, the Supreme Court made a landmark decision about the role of money in elections -- a ruling so momentous that many are still grappling to take stock of its impact on our political system.
The case: Citizens United. The decision: In a 5-4 vote, the Supreme Court ruled that it was unconstitutional to limit in any way the amount of money corporations can spend on attack ads or other "electioneering communications" to sway a political race.
Before Citizens United, plenty of corporate money had found its way into political PACs and other avenues to influence elections. The court also did nothing to strike down the ban on direct corporate contributions to candidates or political parties.
But the decision opened a massive loophole in our country's already-porous campaign finance system, giving corporations the green light to inject unlimited sums of cash into independent groups -- 527s and 501c4s, references to their IRS tax status -- that can intervene in elections.
After the January 2010 decision, many in the media reported that corporations may be skittish about fully exploiting Citizens United's political windfall, but that proved premature. Millions of dollars began flooding into existing electioneering like Americans for Prosperity, backed by benefactors like the Koch brothers and North Carolina retail magnate Art Pope. New groups like Karl Rove's American Crossroads and American Crossroads GPS were quickly erected to funnel tens of millions of dollars into key congressional races.
A new report released by Public Citizen this week surveys the results:
* Spending by outside groups jumped to $294.2 million in the 2010 election cycle, a nearly four-fold increase from the $68.9 million spent in 2006, the last mid-terms. Nearly half of that ($138.5 million) came from just 10 groups, with the biggest share by far benefiting Republicans.
* In 60 out of 75 congressional races, the candidate benefiting most from outside spending won the race -- a remarkable 80 percent win rate.
* The source of the money flooding into elections after Citizens United largely hidden: Because many of the independent groups aren't required to disclose their donors, barely a third -- 34 percent -- of the groups reported which people and groups gave them money.
As Public Citizen notes, the cloak of secrecy surrounding corporate campaign spending goes against the Supreme Court thinking behind Citizens United, which was that massive corporate spending was acceptable as long as the public knew about it:
Justice Anthony Kennedy's opinion for the majority was based in part on the assumption that any dangers posed by the new flood of corporate spending in elections would be mitigated by disclosure. "This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages," Kennedy wrote.
The DISCLOSE Act, a bill that would have required non-profit groups to reveal the donors behind their election war chests, failed by one vote last spring in the face of a Senate Republican filibuster.
Although not as widely reported, Citizens United proved decisive in state elections as well. As Facing South documented in a series of reports, three independent groups backed by Art Pope in North Carolina -- Americans for Prosperity, Civitas Action and Real Jobs NC -- spent over $2 million targeting 22 state races, helping fuel the Republicans' capture of the N.C. legislature for the first time since Reconstruction.
Some advocates are calling for a new bill to force disclosure of the donors behind outside election spending, although it faces an uphill climb in the Republican-controlled U.S. House and does little to combat the campaign spending arms race exacerbated by Citizens United.
A more ambitious and effective step, says journalist Katrina vanden Heuvel in The Washington Post, is a system of public campaign financing as proposed in the Fair Elections Now Act, which at its high point had 160 supporters in the House. She argues that the bill draws on the successes that reformers have seen at the state level:
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.
But the state-based experiments in public financing are under attack. The Chamber of Commerce and other groups have lined up to oppose Arizona's "clean money" election system. In North Carolina, the new Republican majority has pledged to dismantle public financing of races for judges -- even though the system is used by 77 percent of state judicial candidates [pdf] -- and three council of state races.
The groups pushing to dismantle these programs are hardly disinterested observers in the debate: In 2010, the Chamber of Commerce was the most powerful outside group in the country, lavishing over $31 million -- all from undisclosed donors -- on races across the country.
In North Carolina, the connection is even more direct: The key advocacy groups pushing to end "taxpayer-funded elections" -- the Civitas Institute (a sister group to Civitas Action) and the John Locke Foundation -- are largely funded by the family foundation of Art Pope, whose money proved so critical in influencing the state's 2010 contests.
But some advocates are pushing to question the Supreme Court's very assumption that corporations are, legally speaking, people with free speech rights. Last year, Rep. Donna Edwards (D-MD) introduced legislation for a constitutional amendment clarifying that corporations aren't people, saying:
"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.'"
Given the current political climate, it may be unrealistic to expect such a campaign to yield quick results. But Rep. Edwards and others see it as a way to educate the public and make the case for reform.
The message may already resonate with voters: A Survey USA poll last August found that, when asked whether corporate campaign contributions represent "free speech" or "bribes," 77 percent said "bribes."
But the public's cynicism will only lead to change of voters believe that something can be done -- and in the wake of Citizens United, those favoring a political system that benefits the powerful have a lot more resources at their disposal to keep things that way.
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15 Comments so far
Show AllSome of our Supreme Court Judges have not been reporting the money they have received from the Koch Brothers et al. This seems to be serious corruption in the highest court in the land.....
Justice Thomas forgot to report $680,000. It could happen to anyone. He will receive no penalty.
You hit the nail on the head - there's SERIOUS CORRUPTION in the highest court in the land . . . as well as in our Congress!!!
AMERIKA is for sale!!!
Public pressure works! Sometimes that pressure has to be sustained, concentrated. Defeatist attitudes have kept us from really seeing that, carving it into the stone of the public awareness. Agent provocateurs have been used. It has been proven, all to keep us from realizing the full potential of public power by pressure. Appearance is everything to these guys. It's obvious in everything the advertisers do. If one is too lazy to try, fine! But as the old Chinese saying goes, "The one who says something is impossible should not stand in the way of the one doing it." Get out of the way.
Citizens United was but another link in the great chain that is being systematically manufactured to enslave anyone who does not accept corporate totalitarianism as our new form of government.
The other links in this chain (rigged elections, candidates running under false flags, permanent wars, the gutting of public education to make military service the only option for young people, the emerging corporate war on academic freedom in our universities, corporate media consolidation and censorship, bankrupting the middle class to make it subservient to corporate power, etc.) are so numerous as to be invisible only to those who prefer not to see them.
The corporate totalitarianism descending on our former country (I say "former" because it doesn't really exist as a country anymore) differs from North Korean communist totalitarianism only to the extent that they are at different extremes of the political spectrum.
The effects, however, will be the same. A nation whose people are denied free thought and expression will soon become a nation incapable of imaginative and innovative thought of the type that builds prosperity.
There are many such countries buried under the crust of this earth.
sorry - repeat
Your words are "WORDS OF WISDOM, Old Guy!
OLD GUY: Great post! You drew a lot of items together in a compelling fashion. Thank you.
Our Supreme Court is as corrupt as our Congress!!!!
Amerika is FOR SALE!!!!!!
Citizens United was the formal proclamation that the US is now officially a fascist state.
The republic: RIP
The truth is that money talks and only the rich can be heard in U.S. courts, so the little people have turned to Wikileaks and the Internet while they still can. My own attempts to get Sol Zepnick to pay $1,400 he owes me for work done on his self-published peon to the greatness of lawyers have fallen on deaf ears or made impossible by the logistics of getting to court for an unemployed man. Once you become unemployed, the wealthy drop you like a hot potato--even if they are affluent lawyers, "professionals," sworn to ABA standards, "class" acts. You are of no use to them. "Close" friends for nine years in the legal field, such as Cary Peynolds, Posh Jeck, or Schil Phatz don't need you, after pursuing you to pad their treasure chests. It's the corporate-legal inhumanity of "Nothing personal, you understand, it's just business." No, I don't understand. As Obama said after the shootings in Arizona, we must speak civilly. Verbal abuse cuts as deep as physical abuse. When the Internet--you can bet your law firm on it--no longer is in play for middle and lower classes to let off steam, they will stew in front of their TV sets watching a U.S. broadcast system that has turned into the one I saw in 1987 on a vacation trip with "Citizens for Peace" to Moscow, Kiev and Leningrad: only three channels available to any TV set anywhere. Topics? Soviet-written news, classical music, and soccer.
Now is the time for a a voter initiative and referendum and a huge march on Washington to revoke corporate personhood and overturn Citizens United.
Any amount of money should make no difference. But Americans are easily propagandized because their level of political ignorance is appalling. Only 21% of us knows what Citizens United Is.
They say where there's life, there is hope. But with corporations trashing this earth for short-term profits, and having all the money and power they need to continue this practice, how long can life as we know it be sustained on this planet? Atomic waste in depleted uranium, and many places where atomic power is used; oil gushers in the Gulf, oil leaks in the Amazon; Bhopal; etc. Plankton have died off in great numbers and they produce about half the oxygen we breathe. On and on it goes. Armageddon will come all right, and probably at the hands of corporations which have gone completely off the rails. And I see no way to stop them now. I hope I'm not around anymore when everybody needs oxygen tanks and/or oxygen rich sealed homes to have some semblance of normal life. I'm glad I got to live through America's golden age, now I can pass on and feel luckier than most humans who have existed.