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Sen. Bernie Sanders

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Saving Our Democracy

Posted: 12/08/2011 5:08 pm

The Constitution of this country has served us well, but when the Supreme Court says that attempts by the federal government and states to impose reasonable restrictions on campaign ads are unconstitutional, our democracy is in grave danger. That is why I have introduced a resolution in the Senate calling for an amendment to the U.S. Constitution.

I did not do this lightly. In fact, I had never done it before. The U.S. constitution is an extraordinary document. In my view, it should not be amended often. In light of the Supreme Court's infamous 5-to-4 decision in the Citizens United case, however, I saw no alternative.

I strongly disagree with the ruling. In my view, a corporation is not a person. A corporation does not have First Amendment rights to spend as much money as it wants, without disclosure, on a political campaign.
Corporations should not be able to go into their treasuries and spend millions and millions of dollars on a campaign in order to buy elections.

The ruling has radically changed the nature of our democracy. It has further tilted the balance of the power toward the rich and the powerful at a time when the wealthiest people in this country already never had it so good. History will record that the Citizens United decision is one of the worst in the history of our country.

At a time when corporations have more than $2 trillion in cash in their bank accounts and are making record-breaking profits, the American people should be concerned when the Supreme Court says that these corporations have a constitutionally-protected right to spend shareholders' money to dominate an election as if they were real, live persons. If we do not reverse this decision, there will be no end to the impact that corporate interests can have on our campaigns and our democracy.

According to an Oct. 10, 2011, article in Politico, "the billionaire industrialist brothers David and Charles Koch plan to steer more than $200 million -- potentially much more -- to conservative groups ahead of Election Day 2012." Others are doing the same thing.

Does anybody really believe that that is what American democracy is supposed to be about?

Think about the consequences in Congress. When an issue comes up that impacts Wall Street, like breaking up huge banks, what will senators be thinking about when they decide how to vote? Every member of the Senate, every member of the House, in the back of their minds will be asking this: If I cast a vote this way, if I take on some big-money interest, am I going to be punished? Will a huge amount of money be unleashed in my state?

It's not just taking on Wall Street. Maybe it's taking on the drug companies. Maybe it's taking on the private insurance companies. Maybe it's taking on the military-industrial complex. Whatever powerful and wealthy special interests members of Congress are prepared to take on -- on behalf of the interest of the middle class and working families of this country -- they will know in the back of their mind that there may be a flood of money coming in to their state. They're going to think twice about how to cast that vote.

When the Supreme Court says that for purposes of the First Amendment, corporations are people, that writing checks from the company's bank account is constitutionally-protected speech and that attempts by the federal government and states to impose reasonable restrictions on campaign ads are unconstitutional, when that occurs, our democracy is in grave danger.

I am a proud sponsor of a number of bills that would respond to Citizens United and begin to get a handle on the problem. But more needs to be done, something more fundamental and indisputable, something that cannot be turned on its head by a Supreme Court decision. That is why I proposed the constitutional amendment in the Senate as a companion measure to an amendment proposed in the House of Representatives by Congressman Ted Deutch.

We have got to send a constitutional amendment to the states that says simply and straightforwardly what everyone - except five members of the United States Supreme Court - understands: Corporations are not people with equal constitutional rights. Corporations are subject to regulation by the people. Corporations may not make campaign contributions -- the law of the land for the last century. And Congress and states have the power to regulate campaign finances.

Show your support for this amendment by signing here: sanders.senate.gov/savingdemocracy

 

Follow Sen. Bernie Sanders on Twitter: www.twitter.com/SenSanders

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HUFFPOST SUPER USER
429freckles
Ex Republican Now Devoted Democrat
07:00 PM on 12/28/2011
Bernie, you are singing to the choir here.
I'd love to see this admendment pass, BUT, it won't.
Republicans WILL block it.
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HUFFPOST SUPER USER
electrosef
Blue-green-purple Reality exposure
08:14 PM on 12/14/2011
You and Congressman Deutch are to be commended for taking a stand in a place where you will doubtless find many cunning enemies. But I have a warning. If this Constitutional Amendment falls short of outlawing ALL private contributions to political campaigns for public office, it will likely accomplish next to nothing. If it DOES outlaw all such private contribution, humankind will have succeeded in taking an historic step forward toward a brand new era in the 2500 year evolution of democratic governance.

Of course I'll sign my support for this amendment (sanders.senate.gov/savingdemocracy).
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HUFFPOST SUPER USER
electrosef
Blue-green-purple Reality exposure
08:14 PM on 12/14/2011
Sen. Sanders, you say "History will record that the Citizens United decision is one of the worst in the history of our country." Unfortunately, that will not be the case if those who have urged the passage of that decision prevail -- they will rewrite history with more of their lies in an attempt to make it appear as an act of courageous, visionary genius. And, with the half of the population that's apparently asleep at the wheel, they will succeed.

"Does anybody really believe that that is what American democracy is supposed to be about?" Of course, the answer is a resounding "NO!" Not anybody. So what does that say about the intrepid yet craven SCOTUS five? (--we know who you are.) To me it says that they are traitors to the idea of American democracy. By their own actions, they have forfeited their rights to any modicum of respect from anyone who values human equality. Seems to me, THAT is one of the things that American democracy is about. The lot of those five should be impeached and thrown into jail; at least one of them should have been there even before he got into the SCOTUS. [-cont'd]
02:49 PM on 12/12/2011
Bravo! While I don't think anyone is too happy with Congress right now, I hope that Vermont knows what a treasure they have in Senator Sanders.
02:04 PM on 01/04/2012
Something like this should have happened a long time ago.
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12:04 PM on 12/12/2011
Corporations are people just the same way unions are people and special interest groups like the AARP are people. If limits are imposed on corporations, then unions and special interest groups should have the same restrictions. However this will never be the case. The driving factor behind the effort to limit speech is the perception that corporations favor the republicans. The left is clearly trying to squelch one side of the political debate as they see limiting freedoms as their best chance of getting reelected.
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meryta
When it's worth sharing.
11:55 PM on 12/12/2011
Quite wrong, and a smear, as to intent. But correct in that all political campaigns should be funded by individual donation with some public funding support - and stripped of ad company progaganda.
That would get rid of confusing circus that befuddles the US.
06:20 PM on 12/13/2011
Um... Actually Citizens United overturned limits that also previously affected unions as well. No campaign should be run off anything but public funding.
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09:53 PM on 12/13/2011
Right - Public funding. Let te incumbants write the laws that control election money. I wonder how that would turn out.

Currently campaigns are financed by the public.
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HUFFPOST SUPER USER
electrosef
Blue-green-purple Reality exposure
08:09 PM on 12/14/2011
You nailed it!
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Kai-HK
Don't Share My Wealth! Share My Work Ethic!
03:55 AM on 12/12/2011
Sen. Sanders:

'Corporations should not be able to go into their treasuries and spend millions and millions of dollars on a campaign in order to buy elections.'

Either should unions...make sure your bill applies to all such organziations equally.

Kai
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HUFFPOST COMMUNITY MODERATOR
girlwild
Corporations aren't people until Texas executes 1
10:16 AM on 12/12/2011
I believe that he means any entity that is created by incorporation in any state or foreign nation is not a person (living, breathing human being) and that includes for profit corporations and not for profit corporations, which I believe is the category under which unions fall. So yes, unions would be included as well.

In fact, I believe that the amendment should state that only people in the electoral districts can contribute to a campaign and those amounts should be limited. For example, for your Congressional district, only people in that district may contribute to the candidates running and only up to $1,000.00 each candidate. No contributions by people outside of the district can contribute. Thus, those elected are very beholden to the people of that district, and not from outside interests.
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Kai-HK
Don't Share My Wealth! Share My Work Ethic!
08:08 PM on 12/12/2011
That would be great!
12:21 PM on 12/14/2011
Unions represent those who NEED representation b/c of the extreme POWER of coporations even OWNING the defined PEOPLE's government.

NIX on the continued attacks on Unions. They need to do what the government was CREATED to do (and DOESN'T at all thanks to the size and power of what should NEVER have been allowed to exist, DURABLE corporations) - protect the individual from the irresistible power of business, whose ONLY goal is plunder, greed and oppression.

Unions should be given the power erroneously --and CRIMINALLY, BRIBERY is still a crime- given (SOLD) to corporations and wealth.
HUFFPOST SUPER USER
ancientuno
12:43 AM on 12/12/2011
Until the money is taken out of politics it will always remain corrupt and a bigger danger to our democracy.
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08:11 PM on 12/12/2011
Check out getmoneyout.com for a constitutional amendment to do just that.
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jeffrey678
You don't happen to make it. You make it happen.
11:51 PM on 12/11/2011
s possible because it happened before.

Wealth is a subset of power. It is a characteristic of power. The only antidote is Democracy. Everyone gets a vote, powerful and poor.

The US Stupid Court's decision to equate corporations with actual people has upset Democracy's ability to level the playing field at the ballot box. They overturned a century of law in doing so.

The only real defense against such raw stupidity at the top of the power structure is an independent government. The Court's decision put our government's independence into a lockbox and threw away the key.
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SoylentGreenIsPeople
You know how to use Google too !
11:45 PM on 12/11/2011
Until the recent OWS movement, it was looking to me like the Bernaysian* PR techniques were going to be successful against the "masses."

*Ed Bernays uncloaked:

http://www.brasschecktv.com/videos/spin/edward-bernays-assassin-of-democracy.html

http://www.youtube.com/results?search_query=century+of+the+self&aq=0

http://www.youtube.com/watch?v=IyPzGUsYyKM
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jeffrey678
You don't happen to make it. You make it happen.
11:56 PM on 12/11/2011
Great videos on how they manipulate Democracies.
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unfoxworthy
We:ScottOlsens,the misfits,out to change the world
10:29 PM on 12/11/2011
Bernie,
I'm gonna say this again,"I wanna hug you...I do...I really do!"
You ARE one of the FEW VOICES emanating from the halls of Congress actually speaking for the people of America (can't hear that too many times, I hope).
The captains of industry have shown themselves to be little more than pirates.
Let's take their eye patches and their little parrots away from them
- they've poisoned the passages,
- they've crashed us on the rocks.
Time for them to "walk the plank".
09:04 PM on 12/11/2011
Only if you believe that anybody actually believes campaign ads.
Genders
Love, Tolerance, Enlightenment
06:46 PM on 12/11/2011
Might as well add in Publicly financed elections with free equal prime time for all candidates on the ballot. Without it, we are still plutocracy, not a democratic republic.
05:51 PM on 12/11/2011
One major flaw in this blog is the term democracy. We are not, nor havewe ever been a democracy.

The Constitution does not allow for a democracy, but actually protects against the tyranny of democracy (save for the 17th Amendment that allowedfor direct election of senators).

Rather we are a Republic.

With that said I donot disagree on your pointof how corporations being people.
12:14 PM on 12/14/2011
Posters like this REALLY need to look up definitions, as well a read the Constitution, Declaration and all our documents.

A Republic is NOTHING MORE OR LESS than a governnent that DOES NOT HAVE A MONARCH -- OR AN OLIGARCHY (ie, any "-ARCH")

Republic means literally "a matter of the people." Thus, CLEARLY implied is "ALL the people."

A Democracy means every citizen has a vote.

Our Constitution describes an EGALITARIAN, Representative Democratic Republic.

The fallacy that a Republic is NOT a Democracy HAS TO STOP. It is clearly implied in the very definition of "Republic," as it's the antagonistic, tautological opposite of a monarchy OR AN OLIGARCHY. (or any --ARCHY INCLUDING a Plutarchy, which we actually have -NONCONSENTUALLY- which means it is not EVEN a Republic - if that were all you wanted. BUT the founders VERY clearly stated they intended far MORE, in clearly REPEATED terms of "equality.") ENOUGH!
01:06 PM on 12/14/2011
Democracy and a Republic are too entirtely different entities.

We have a Democractic Republic that is limited by the Constitution.

Look up some of what the founding fathers wrote or said against Democracy. Our founding fathers feared democracy as a tyranny of the majority which is why we have representatives and not public votes (well one of many reasons).

Our government is based far more on the Roman Republic (House of Representatives and then a Senate) that Athenian democracy.

Democracy is an entirely different form of government and when used improperly to describe Western governments is just as bad as using the term Facism to describe a capitalist libertarian state.

Our republic does have equal citizenship but is designed so that a simple majority cannot force their ideas on the rest of the country.

There is a reason the Amendment process is extremely difficult.
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HUFFPOST SUPER USER
kjohney
trust me... I'm liberal.
05:10 PM on 12/11/2011
"Does anybody really believe that that is what American democracy is supposed to be about?"

Only every Republican politician and candidate in the land.

I'd say that Republican voters are also on board, but I doubt many of them even know what Bernie is talking about.
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just11
occupy everywhere forever
05:08 PM on 12/11/2011
"Give me control of a nation's money supply, and I care not who makes its laws."

--Mayer Rothschild­­, bankster