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Miles Mogulescu

Miles Mogulescu

Posted: January 21, 2010 04:17 PM

The Supreme Court's Non-Violent Corporate Coup

What's Your Reaction:

Today, in a radical act of judicial activism, five Supreme Court Justices overthrew 103 years of American statutory and judicial law going back to the Presidency of Teddy Roosevelt by ruling that corporations have the Constitutional right to make unlimited campaign contributions.

This is in effect a bloodless judicial coup which turns the American government over to the biggest corporate interests, to the degree that hadn't happened already.

This is a two-part coup. In 2000, in the judicially unconscionable Bush v. Gore ruling, the Supreme Court handed the Presidency to George W. Bush. Bush, in turn, appointed John Roberts and Samuel Alito to the Supreme Court, who, in their confirmation hearings, disingenuously promised the Senate and American people to be judicial moderates and avoid judicial activism. Now, in 2010, in perhaps the greatest act of judicial activism in American history, they overthrew 103 years of precedent to turn the US government over to the largest corporations.

According to the New York Times, during the last election cycled, the Fortune 100 companies alone had combined revenues of $13 trillion and profits of $605 billion. A third of the Senate is up for reelection every two years. Let's say the largest corporations give an average of $10 million to each Senatorial Candidate. (Of course, to sway an election, it would be more in big states like New York, Texas and California, and less in small states Wyoming, Montana and Rhode Island.) That would be $3.3-$3.4 billion every two years. Let's say they spent another $4 billion on the Presidential election every 4 years or an average of another $1 billion a year.

For less than 1% of their profits, the 100 largest corporations would likely be able to control the Senate and the Presidency, and through that, the Supreme Court. (This doesn't even count contributions from the next 400 companies in the Fortune 500, or from slightly smaller corporations.) Good luck passing legislation to limit greenhouse gases, regulate insurance companies, or to reign in the power of the big banks.

In the coming days, many legal experts will dissect the majority and dissenting opinions in the Supreme Court's decision Citizens United v Federal Election Commission. But we can already say that by a 5-4 vote, the Supreme Court just staged a bloodless corporate coup and sold American democracy to the highest bidder.

 
 
 
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04:41 PM on 01/28/2010
We invaded Iraq because of the control of congress by the foreign entity ISRAEL. This ruling will be 100 times worse then Iraq, if you can fathom that.
guilatty
Something has got to make sense eventually
03:46 PM on 01/28/2010
After reading this long, prosaic opinion it really only boils down to one thing. Corporations can now pay for political ads within 30 days of an election where before they couldn't. That is it. I doubt it is going to hasten the destruction of our democracy--it is certainly doing nothing to slow it. The real creepy feeling comes from the sensibilities behind it-that our Supreme Court has now been co-opted by the money people same as the other two branches. But who didn't see this coming? Lawyers have been yammering for years about how big money was going to get to the Judicial Branch. Until now it was incremental--with Bush Republicans it accelerated to pell-mell. I shake my head at least 10 times a day thinking about how conservatives think the Republican Party is going to "give them back their country". What a sad delusion. They are the ones who loaded it on the truck and shipped it to Big Business.
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Pod-gers
Jeremy Lin = Game Change
01:28 PM on 01/23/2010
Thanks for this post. I well documents the case that we should have the right to limit corporate "freedoms." let me ask a question? Does that apply to Google in China?
12:03 PM on 01/23/2010
Let's say China wants to take the United States out of competition by buying senators that will pass legislation harmful to the U.S., and favorable to China. Easy, now that the Supreme Court gives the right of Free Speech to any and all corporations, whether domestic or international. China wants to make the U.S. in its own image. Easy. Way to go, Supreme Court!
02:33 PM on 01/22/2010
Mr. Mogulescu,
You have people who think it's a good idea STILL to provide taxpayer subsidies to a health insurance industry, that's already exempt from anti trust laws.

People are about to screwed with their own money BIG TIME.

And some have been convinced "it's reform".
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HUFFPOST SUPER USER
cpssf
Midnight Jangler
01:17 PM on 01/22/2010
The first thing Democratic leaders need to do is start impeachment of a few Supreme Court justices! What better show of strength and resolve, even if in the end there is no impeachment. It's the show of strength we're looking for here folks!
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HUFFPOST SUPER USER
cpssf
Midnight Jangler
01:09 PM on 01/22/2010
Democratic Leaders better realize that war is upon them by Republicans at every level of government hungry to regain power. A glance at this SCOTUS decision reconfirms how capable and willing the Republicans are in playing hardball! Why is it that Democrats seem to be incapable of doing the same? Allowing heavy, heavy collateral damage to the country. By abdicating their responsibility to fight fire with fire and do the right thing, they deal far more damage to the Democratic party than anything else!
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10:30 AM on 01/23/2010
"they deal far more damage to the Democratic party than anything else!"

No. The Democratic party damage is only incidental to the damage to the Republic, Its Constitution and it's people. Posturing business as usual by our leaders is effective cooperation with those who would destroy us. And because International corporations are a foreign element, we may now use the word "treason" in our discussion .
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HUFFPOST PUNDIT
TRex86
Enjoying life in West Ohio
12:30 PM on 01/22/2010
Ironically, once the two political parties are transformed into corporate lobbyists it won't cost much to control (or run) the government. Hand selected legislators will do as they are told. No electoral competition. No need for tiresome debates. Rubber stamp the Bill to outlaw unions and change the Constitution to allow the Chamber of Commerce to select the president. So long as we get our daily ration of Soma who could complain?
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jmpurser
See My micro-bio
09:49 AM on 01/22/2010
"So long, and thanks for all the fish!"
09:44 AM on 01/22/2010
I give up, it seems that that the 'other side' seems to pull a 'fifth ace' from their hand and play it on the american people when a crack of hope might be shining thru. Our government always 'smelled of dirty money' but now its over the edge.
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Hiphopcrates
Kicking the money lenders out of the Temple
09:37 AM on 01/22/2010
How much more can they possibly control the White House and Congress?
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09:36 AM on 01/22/2010
And the U.S.Chamber of Commerce is now a functioning clone of Mussolini's Chamber of Fasci and Corporations. The replacement (in authority) to the old concept of our Congressional House.

http://en.wikipedia.org/wiki/Chamber_of_Fasci_and_Corporations
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den1953
The National Inquire of Politics the GOP!
09:19 AM on 01/22/2010
This is a real surprise that a major corporation from a communist country could determine our President!
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10:09 AM on 01/22/2010
An international corporation is by definition not an American one. It's more like a tramp steamer flying a flag of convenience, with true loyalty to none. When it cooperates in a hostile takeover of my government it becomes a foreign enemy that my politicians took an oath to protect us and our Constitution from.
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Rogan
11:13 AM on 01/22/2010
I'm with you. I could hardly be more outraged.
09:10 AM on 01/22/2010
This is the logical extension and return to the reasoning creating of one of the most important legal myths from our Supreme Court.

In the United States, corporations were recognized as having rights to contract, and to have those contracts honored the same as contracts entered into by natural persons, in Dartmouth College v. Woodward. Corporations were recognized as persons for purposes of the 14th Amendment in an 1886 Supreme Court Case, Santa Clara v. Southern Pacific Railroad118 U.S. 394.

The 14th Amendment provides protection to persons previously been denied Constitutional Rights. The inclusion of corporations into a new definition of person with the subsequent extension of “rights” to the corporate person is one of the more amazing acts of judicial legislation ever undertaken. The confirmation since that time that corporations are “legal persons” is of such importance in today’s economic interests that most everyone accepts it at face value.

Listening to the continuing debate on the “death penalty,” I began to wonder how, under the “equal protection clause” is it possible to condemn naturally born “persons” to death while the “fictionally created persons” known as corporations are incapable of such penalty---it seems this would be an “unfair” discrimination in favor of one category of person against a different category of person.

As corporations are free to contribute their wealth, it should be “cause” for celebration for the illogical conclusion that our Founding Fathers considered a corporation entitled to the protection of the naturally born.
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09:01 AM on 01/22/2010
Let the sewer flow.

The corporations will overplay their hand so completely and obviously that candidates will flee their grasp to distance themselves from the stench.

Eventually even the average dumb voter in this country will see thay are being played and will simply stop paying attention to the propaganda.

The networks too will risk contamination and elect not to discredit themselves by taking blood money.