SCOTUS Decision Allows Foreign Influence of U.S. Elections
January 23rd, 2010
That’s the warning coming today from the folks at the Center for Public Integrity, who caution that the recent High Court decision empowering corporations to spend unlimited sums on federal election ads could also have the unintended consequence of ending the ban on foreigners buying influence over U.S. elections. Some foreign companies, the authors write, are owned by foreign governments and also have U.S. subsidiaries. The result?
One prominent example is CITGO Petroleum Company — once the American-born Cities Services Company, but purchased in 1990 by the Venezuelan government-owned Petróleos de Venezuela S.A. The Citizens United ruling could conceivably allow Venezuelan President Hugo Chavez, who has sharply criticized both of the past two U.S. presidents, to spend government funds to defeat an American political candidate, just by having CITGO buy TV ads bashing his target.
And it’s not just CPI that’s concerned about that possibility.
In his dissent in Citizens United, Justice John Paul Stevens cautioned that the decision “would appear to afford the same protection to multinational corporations controlled by foreigners as to individual Americans.”
And here we were worried that the biggest threats to American democracy, post-decision, were AT&T and Goldman Sachs.
It's a curious fact that no currently serving U.S. Supreme Court justice has ever run for political office. Americans who'd overlooked that historical anomaly got a powerful reminder last week when a divided court authorized a global corporate auction for the services of elected officials.
I'm not suggesting that any of the incumbent justices are political innocents, or incapable of playing in the deep end with professional Machiavellians such as Rahm Emanuel or James Baker. This is, after all, largely the same cast of characters who brought us Bush v. Gore -- a ruling that, if it accomplished nothing else, disabused Americans of any delusion that life-tenured judges are above partisan politics.
But only someone who has never been ambushed by a third-party attack ad could write with a straight face, as Justice Anthony Kennedy did, that unleashing corporations to spend unregulated billions on TV ads savaging their political enemies will serve mainly to edify voters with more useful information about candidates.
Sen. John McCain, whose legislative efforts to stem the flow of corporate political cash were largely eviscerated by the high court's 5-4 decision Wednesday in Citizens United v. Federal Election Commission, was surely guilty of gross understatement when he suggested that justices in the majority had betrayed their "extreme naivete" about the power and peril of special-interest money. A less diplomatic man might have wondered in what parallel universe Justice Kennedy and his conservative colleagues have been eating their Cheerios.
Judicial hallucination
In disingenuously portraying their decision as a blow for free expression, the Citizens United majority imagined a meritocratic marketplace of ideas in which the identity (and motive) of speakers is always transparent, a contest in which arguments succeed or fail on the strength of their logic, or at least their emotional appeal.
And really, what's the harm if an upstanding corporate citizen such as Goldman Sachs (or Enron, or, say, the Amalgamated Food Adulteration Corp.) sponsors a few 30-second spots explaining why it supports or opposes your incumbent state senator's re-election? Aren't voters better off knowing what large corporations are up to, and why they believe the election or defeat of certain candidates will promote their objectives?
" Mixed Reviews for Supreme Court’s Campaign Finance Ruling
Sunday, January 24, 2010
Following the Supreme Court ruling on campaign finance issues, the reaction from voters is mixed.
The latest Rasmussen Reports national telephone survey found that 26% agree with the ruling, 34% disagree, and 41% have no opinion. Republicans were more supportive than Democrats and unaffiliated voters fell in between. A plurality of Democrats and unaffiliated voters had no opinion while a plurality of Republicans agreed with the ruling.
By a 60% to 27% margin, voters reject the notion that corporations and unions should be able to buy advertising to “influence elections.” However, by a 53% to 37% margin, voters believe corporations and unions should be able to buy advertising expressing their views on national issues.
Most significantly, 65% believe that corporations and unions should be able to buy advertising that tells people how politicians voted on important national issues. [snip
Wonder how Obama really feels about this? I think this is a bad idea. This is going to make buying an President even easier.
Exactly! For an incumbent, that would be a threat.
NAOM CHOMSKY is a highly liberal thinker who is a globalist and expresses his thoughts very well. I read him often. Below are his thoughts on the SCOTUS ruling.
------------------------------------------------------------------------------------ IN THESE TIMES
Jan. 21, 2010, will go down as a dark day in the history of U.S. democracy, and its decline.
On that day the U.S. Supreme Court ruled that the government may not ban corporations from political spending on elections—a decision that profoundly affects government policy, both domestic and international.
The decision heralds even further corporate takeover of the U.S. political system.
To the editors of The New York Times, the ruling “strikes at the heart of democracy” by having “paved the way for corporations to use their vast treasuries to overwhelm elections and intimidate elected officials into doing their bidding.”
The court was split, 5-4, with the four reactionary judges (misleadingly called “conservative”) joined by Justice Anthony M. Kennedy. Chief Justice John G. Roberts Jr. selected a case that could easily have been settled on narrow grounds and maneuvered the court into using it to push through a far-reaching decision that overturns a century of precedents restricting corporate contributions to federal campaigns.
Now corporate managers can in effect buy elections directly, bypassing more complex indirect means. It is well-known that corporate contributions, sometimes packaged in complex ways, can tip the balance in elections, hence driving policy. The court has just handed much more power to the small sector of the population that dominates the economy. (Emphasis added)
Political economist Thomas Ferguson’s “investment theory of politics” is a very successful predictor of government policy over a long period. The theory interprets elections as occasions on which segments of private sector power coalesce to invest to control the state.
The Jan. 21 decision only reinforces the means to undermine functioning democracy.
The background is enlightening. In his dissent, Justice John Paul Stevens acknowledged that “we have long since held that corporations are covered by the First Amendment”—the constitutional guarantee of free speech, which would include support for political candidates.
[SNIP]
The Jan. 21 decision raises significant new barriers to overcoming the serious crisis of healthcare, or to addressing such critical issues as the looming environmental and energy crises. The gap between public opinion and public policy looms larger. And the damage to American democracy can hardly be overestimated.
I am afraid I agree with Naom Chomsky totally in this. It is very unfortunate that the SCOTUS ruling tips the balance so heavily in favor of the corporations. It makes all future legislations that much harder to accomplish, with corporations pouring money into elections in addition to issue positioning which they already do plenty.
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Democracy needs defending - SOS Hillary Clinton, Sept 8, 2010 Democracy is more than just elections - SOS Hillary Clinton, Oct 28, 2010
WASHINGTON — Still wonder exactly why Justice Samuel Alito shook his head and mouthed the words "not true" during President Obama's State of the Union address? He objected to the president's saying the ruling reversed a century of law.
The president touched off a controversy when he broke with tradition by criticizing the court's recent campaign finance decision in his speech with six justices in attendance and bound by their own tradition of not reacting to what is said.
"With all due deference to the separation of powers," Obama said, "the Supreme Court reversed a century of law to open the floodgates for special interests — including foreign corporations — to spend without limit in our elections."
It seems clear from Alito's questioning when the court heard argument in the case that he was taking issue with the president's assertion that the court reversed 100 years of law, rather than with Obama's reference to foreign influence. (Emphasis added)
At the September argument, Alito suggested to attorney Seth Waxman that 20 years was the appropriate time frame, encompassing two high court decisions that upheld limits on corporate spending in campaigns.
"Mr. Waxman, all of this talk about 100 years and 50 years is perplexing," Alito said then. "It sounds like the sort of sound bites that you hear on TV. The fact of the matter is that the only cases that are being, that may possibly be reconsidered, are McConnell and Austin. And they don't go back 50 years, and they don't go back 100 years."
In the end, the court left untouched a 1907 law that bans contributions by corporations to candidates. But in overruling those two decisions, the court did strike down limits on corporations in a law that had been in place since 1947. (Emphasis added)