The Supreme Court's recent decision--the January 21 decision in Citizens United v. Federal Election Commission to allow corporate "persons" to spend as much as they want in the name of free speech--has the potential to undermine democracy. After all, democracy truly works only when people examine the relevant information and make rational decisions based on that information. Advertising, twisting the news, and creating certain appearances can distort the information and short-circuit our ability to make rational decisions. These take money--lots of it--so the corporation that can promise lots of money to a candidate can really influence any election.
The decision may undermine democracy, but it doesn't have to. We ought to start working right now along a couple of different paths.
First, we all ought to become regular readers of the Center for Responsive Politics' OpenSecrets.org. At this site we can see exactly who is being bought--excuse me, supported--by whom.
Second, maybe we ought to become single-issue voters, and we all vote against anybody--regardless of her other qualifications and positions--who accepts contributions in excess of the previous contribution limits.
Third, we begin working for incorporating democracy-preserving contribution limits into a constitutional amendment. It seems like we should not have to, but even the Roberts gang would have to accept a constitutional amendment.
Whether a democracy functioning as poorly as this one is worth saving is a separate question, but I tend to think it is. So let's try to return to a government of the people, by the people, and for the people. Maybe this Supreme Court decision is the train wreck that we need to see that we are on the wrong track.














Comments (3)
I have not had the opportunity to read the Court's opinion but am familar with the basic tenet that has changed the ability of non-persons to contribute to campaigns. I agree it would be wise to restrict such contributions and, in addition to a Constitutional Amendment, believe that narrowly tailored legislation would also be useful. For example, Illinois Senator, Dick Durbin, suggests a law that would require shareholder approval for the expenditure of campaign donations. That may be of some use to publicly held corporations (especially if the law required 51% of outstanding stock as opposed to a plurality vote) but is unlikely to address contributions by closely held companies such that a constitutional amendment should be undertaken.
Posted by James Bordonaro
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January 24, 2010 1:26 PM
Posted on January 24, 2010 13:26
Limits (aggregated by candidate/campaign) across the board would be good. And, particularly if those limits are still within reach of individuals. For example, if we say that a candidate cannot raise more than $100,000 per federal campaign - that should equalize things. Though $100,000 is still harder to raise from individuals, it's still doable. However, if you go up to $200,000 or more, it's corporate territory only, particularly in most U.S. congressional races.
Posted by Jerry Jacobs
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January 24, 2010 2:57 PM
Posted on January 24, 2010 14:57
I share your concern (or frustration) and I especially like the idea of a Constitutional Amendment such as you favor.
As much as I like your single issue voter idea, in principle, it strikes me as futile, at best. Any statement that begins with, "If most voters will join me in refusing to vote for any candidate who takes money from donors of kind X, then..." is almost certainly a conterfactual.
Posted by Peter Tramel
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January 26, 2010 3:54 AM
Posted on January 26, 2010 03:54