There
have been gradual series of previous
judicial challenges to campaign
finance rules (such
as Buckley vs. Valejo in 1976) that
equate
monetary contributions with 1st amendment free speech rights
that corporations somehow have. These culminated in the corporate
personhood supernova with the Supreme Court's Citizens
United v. FEC ruling in January 2010. The Supreme Court
ruled that corporations (even if they are foreign owned) and the
wealthy individuals behind them are at liberty to spend unlimited
amounts of money to influence U.S. elections. The only firewall
remaining is that they have to spend it independently of the
candidate or party’s official
campaign. In
other words, the
remaining limits are not very meaningful. The Citizens
United v. FEC decision
brought Super PACs roaming through our political landscape in a
way the resembles the
Lord of Darkness scene in Fantasia. According to the Billion Dollar Democracy report by Demos “More
than 93 percent of the money Super PACs raised came in contributions
of at least $10,000—from just 3,318 donors, or the equivalent of
0.0011 percent of the US population.”
Thanks
to Alabama Coal Baron and profligate Republican Donor Shawn
McCutcheon winning a rigged game at the Supreme
Court with
their ruling announced on April 2nd 2014, the entitled plutocrats
have less of a need to go through political action committees or
falsely defined "social welfare" organizations (such
as Karl Rove's Crossroads
organization) to
place their political bets.
While
the cap on donations to a single candidate still stands, what
McCutcheon got recently the Supreme Court to rule as unconstitutional
was the $123,200 aggregate limit for what any individual donor could
give to candidates, parties or PAC's in a two-year election
cycle. The
aggregate limits are now an estimated $3.6m in an election cycle for
a plutocrat who theoretically wanted buy
up the whole Congress.
Here
is what it absurd about the whole ordeal. While the 5
activist justices argued that legal precedent did not apply in their
Citizens United ruling, they now used the “non-precedent”
Citizens United ruling as a legal precedent for their McHutcheon
ruling.
Here
is what is even more outrageous about the whole spectacle. These same
5 Justices who made it easier for billionaires to buy elections were
the same ones who made
it more difficult for
actual flesh and blood people to cast a vote in one through their
similarly 5 - 4 Shelby
County v. Holder decision
in 2013 which ripped out the heart of the voting rights act. So
according to the Roberts court the
First Amendment’s phony “permitting” of wealthy donors and
powerful corporations to buy an election commands more respect than
the Fifteenth Amendment’s genuine granting of our right to cast a
vote free of racial discrimination.
Since
the Shelby County decision, at least seven states currently
under GOP gubernatorial and legislative control which were previously
covered under Section 4 of the Voting Rights Act have passed or
implemented new
voter restriction laws (Alabama,
Arizona, Florida, Mississippi, Texas, Virginia, South Carolina, and
North Carolina) passive
aggressive ways to make it more cumbersome for to the less privileged
to vote.
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