Tag Archives: SuperPACs

Death to Citizens United

Courtesy of Forbes.

That’s what Senator Tom Udall (D-NM) is going for. After surveying his options and concluding that no other alternative exists, Udall — who’s also integral to Senate filibuster reform efforts, which I’m covering in a magazine article to appear within the next month — is pushing for a constitutional amendment:

The amendment would give Congress the constitutional power to regulate the raising and spending of money in national elections, and it would give the states the same power to regulate spending in their elections. The amendment strikes at the fundamental heresy that lies at the heart of both Citizens United and Buckley v. Valeo, the 40-year-old case that made CU inevitable, given the correct composition of a future Supreme Court: namely, that money is speech. To this, of course, was added the equally preposterous notion that corporations are people and that, therefore, they have the same free speech rights as you, me, and the guy on the next bar stool. (How preposterous? Google Santa Clara County vs. Southern Pacific Railroad some time and get a good look at how corporate personhood got birthed on the wrong side of the constitutional blanket.) Pass the amendment, and all of the entangled absurdity of Citizens United goes away. One doomsday machine takes out the other.

As a law student, Udall watched the Buckley case work its way through the system all the way to fruition. He was already a local district attorney in the 1980s when a constitutional amendment was proposed to overturn Buckley. (Udall’s uncle, the late Congressman Mo Udall of Arizona, was one of the early supporters of that amendment and took campaign-finance reform as one of his signature issues when he ran for president in 1976.) He saw clearly where the country was headed once that decision was handed down. He heard the floodgates beginning to creak open.

“Back then, Mo and Dave Obey (the former Wisconsin congressman) believed that, if you could investigate, and find that campaign contributions injected corruption, or the appearance of corruption, into the system, then you could regulate it.” Unfortunately, in its intricate tricks and traps, to borrow a phrase from Senator-elect Warren, Citizens United took care of that, too, with weathervane Anthony Kennedy famously opining within his crucial concurrence to the CU-based decision that struck down the Montana law that corporate independent campaign expenditures “do not give rise to corruption or the appearance of corruption.” And thus are born Super Pacs and phony, covertly-financed 501(c) “welfare” organizations out of which come roaring a thousands attack ads.

“What they’ve done, essentially, is legalize money-laundering,” Udall says. “You can shut down the 501(c) and then sluice the money into the campaign, and the secrecy around the donors is maintained. Secrecy has no place in a democracy and particularly not in the electoral process.

“Once you say that money is speech,then you get what we have now — a Supreme Court that’s getting bolder and bolder in defending its decision. That’s what you saw when the Montana law was struck down. They passed that law because they saw what unlimited and anonymous corporate money could do to democracy. Right now, there is no possible legal remedy to this decision on a national level. We have to go with a constitutional amendment because we have to take the Supreme Court head-on.”

This is still an uphill battle, however: so far only 26 senators support the amendment. So…41 to go, plus the House?

Michael Bloomberg’s cash is not welcome here

Today, The Morningside Post published an op-ed* I wrote on New York mayor Michael Bloomberg’s decision to start his own SuperPAC, Independence USA PAC:

Two years ago, when the Supreme Court ruled in Citizens United v. Federal Election Commission that, for the purposes of the First Amendment, corporations were people – a phrase presidential candidate Mitt Romney made famous last year –the floodgates burst to unleash torrents of political campaign advertising. What rendered this decision especially troubling was the fact that these SuperPACs – a category that did not even exist prior to 2010 – are often funded by “dark money,” or unknown financial backers, whose advertisements and other campaign expenditures have already surpassed $400 million during this presidential campaign.

Candidates shuttling back and forth among moneyed patrons and trading away their policymaking autonomy for the chance to blanket Ohio in 30-second TV spots: this is no way to run a democracy. According to the Washington Post, since June of this year, the two candidates have personally attended 176 fundraisers (69 for Obama, 107 for Romney). Republican strategist Karl Rove’s fundraising organization American Crossroads has spent over $63 million in the 2012 election cycle alone, and yet its donor list remains a closely guarded secret.

In the face of this frontal assault on our democratic ideal of “one person, one vote,” Mayor Bloomberg’s attempt to launch political moderates back into the halls of power amounts to little more than a bandage. And it is the worst kind, because it confuses the symptom for the underlying illness: by using the very same funding tactics that helped drive the fringe into the mainstream American political landscape in the first place, Bloomberg’s efforts constitute an implicit endorsement of the post-Citizens United world. But accelerating the funding arms race is not the right long-term approach.

* Edited here only to add spaces after punctuation marks, which were accidentally eliminated in the transition from Microsoft Word to The Morningside Post.

“Don’t Swap Horses Midstream.”

Honest Abe gets the SuperPAC treatment:

Folks:

Yesterday General Sherman took Atlanta.

That means we’re just one step closer to ending this wicked war and rebuilding our great nation.

Still, we’ve got a lot of work to do and not a day goes by where I don’t see the toll this conflict takes on our president.

I know he’ll be there for us even in the darkest of hours.

Will you be there for him?