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Rep. Keith Ellison

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Two Years After Citizens United, Time to Get Corporate Money out of Politics

Posted: 01/23/2012 12:57 pm

Saturday marked the second anniversary of the Citizens United v. Federal Election Commission Supreme Court decision. This decision allows corporations to use their general treasury funds to pay for political advertisements that expressly call for the defeat or election of a candidate.

The ruling also means corporations can donate large amounts of money--even up to the last day of an election--and it has dramatically increased corporate money's influence in our political process.

By a 5-4 decision, the largely conservative court rejected a 63-year-old ban on use of direct corporate money in federal elections and reversed 20 years of precedent supporting this ban. As dissenting Justice John Paul Stevens wrote, "The Court's opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self government since the founding, and who have fought against the distinctive corrupting potential of corporate electioneering since the days of Theodore Roosevelt. It is a strange time to repudiate that common sense."

It's no surprise then that corporate money has flooded our elections. Super PACs have been formed that can legally raise unlimited amounts of money from individuals, corporations, and other groups and spend that money on political messages. Between the 2008 and 2010 elections, spending by independent groups, including corporations, increased approximately 130% from $119.9 million to $280 million, according to the Campaign Finance Institute. Almost 80 super PACs spent more than $60 million calling for election or defeat of federal candidates. Keep in mind that Super PACs weren't even formed until the summer of 2010 and it wasn't even a presidential election year.

In fact, OpenSecrets.org reports that just since the GOP presidential primaries have begun, 12 super PACs operated by supporters of a specific presidential candidate have spent more than $22 million on ads and other expenditures.

Corporate money in politics is one of the biggest threats to our democracy. For these reasons, I introduced the Get Corporate Money out of Politics Constitutional Amendment (H. J. RES. 92). The bill reaffirms the importance of a level playing field and authorizes Congress and the States to regulate election contributions of for-profit corporations. While protecting the freedom of the press, the Get Corporate Money out of Politics Amendment clearly states that corporations are not people. They do not vote, they do not serve in office, and they should not be able to buy our elections.

Watch my video announcing the amendment below:




 

Follow Rep. Keith Ellison on Twitter: www.twitter.com/keithellison

 
 
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03:22 PM on 01/24/2012
Keith - The unchallenged premise here is that corporate speech, ideas, suggestions, advocacy is almost all intended to harm the public. What is the basis for this? After all, though a corporation as a legal entity isn't a "natural person," corporations are made up of people. There isn't some supernatural power guiding corporations. People make up corporations and they guide them, and, as such, they have legitimate, impactful interests. You are proposing to remove corporate speech from political elections, but holly hanna what a mess it would be determining what is "political" and what is not, and, whether the messages coming from businesses large and small are counter to the public interest or not. ( You're a lawyer by training. Is this just some scheme to give lawyers more work?)

This move to amend the 1st Amendment is flawed because it uses "corporations are evil doers" as its basis.
I understand the argument about big money. But I want to hear what corporations (and the people running them) have to say. I don't want some politician passing a law that is intented to prevent me from hearing that message or any other. I'd rather navigate the slanted and often-times misleading messaging out there than worry that what I'm hearing is only part of the story, the other part having been suppressed. And that's exactly what you are proposing.
MrStat1
I believe in the rule of law
01:29 PM on 01/24/2012
DOA. You will not get 2/3 of the house to approve and you will not get 67 Senators to approve. Next!
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irrenmann
won't read your angry replies :D
09:11 AM on 01/24/2012
"Corporate money in politics is one of the biggest threats to our democracy."

Try not watching the ads, silly. Problem over.
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Sahuaro
Molded by Gilligan, Steed, Darrin, 99, Spock, &Ayn
05:33 PM on 01/24/2012
To make it easier, Kill your TV.
schatsie
Wall Street is Worse than Vegas
08:14 AM on 01/24/2012
Yep, we need more auditors for the IRS to weed out false corporate expenses such as prostitutes, corporate jets and lobbiest......REAL CAPITALISTS do not need bailouts or lobbiest......
schatsie
Wall Street is Worse than Vegas
08:11 AM on 01/24/2012
Keith, PLEASE write an article about why Larry (women and blacks can't do math, heck throw the muslims in there also) Summer should not be appointed to the World Bank....PLEAASE.....

He is just a joke, but an arrogant and insulated one.....See http://rt.com/programs/keiser-report/episode-240-max-keiser....
04:34 AM on 01/24/2012
Controlling the ads is one thing but what about the press? The news, editorials, and talk shows would take it's place. The media owners hire those with the same political affiliation. MSNBC, HLN, Fox, CNN, et al, would just up the programming in the name of news. No change.
schatsie
Wall Street is Worse than Vegas
08:13 AM on 01/24/2012
Exactly, please read Free Lunch and The Big Con and keep posting....If you want to get really really really depressed read Shock Doctrine......AND IF YOU WANT TO FACE REALITY read Joe Noceras book about the devils in the room.......
11:35 AM on 01/24/2012
It's election year. I'm depressed enough already!!!
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Giggie
03:44 AM on 01/24/2012
Good luck!!!!! It will be like pulling teeth to get this funding taken away. Corporations have financial agendas, and don't represent the overall benefit of society. Why should they enjoy an unlimited, anonymous opportunity for a public political message. Are the corporations allowed tax deductions or political contributions fo these ads?
01:06 AM on 01/24/2012
Good for you Congressman. Citizen's United introduced the plague into United States politics. Thank you for taking a positive step towards solving one of our outstanding problems. Put a petition online and hundreds of thousands of us will sign it. Can you coordinate with Dylan Ratigan's proposal?
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Badger33
I'm trying real hard to be the shepherd.
11:48 PM on 01/23/2012
I respect Rep. Ellison but I don't think removing money from politics will happen through peaceful means. You can pass a Constitutional amendment but do seriously believe that Scalia, Thomas, Alito et al will apply and interpret it faithfully? It would also take quite a while to pass any curative amendment and, in the meantime, we live under CU and the power structure that wants to preserve it. A change in the composition of the court would be a more promising route.
01:54 PM on 01/24/2012
Unfortunately that requires 2 things.
1. A pro Citizens United Judge needs to leave the bench (that can take a while).
2. The existing judges against the decision and the new one would have to say the result is worth going against Stare Decisis. Believe it or not, there are times the Supreme Court justices rule against their own opinions or refuse to hear cases that have an existing similar case. The Supreme Court does things a lot by precedent.
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Jerry Frey
unCommon sense for the common good
11:40 PM on 01/23/2012
Get the $oney out of politics. Campaign contributions are the nexus of corruption in the Capitol. Reduce the amount of money involved in re-election, which really is the name of the game, by promulgating free air time during elections. Keep the current system for primaries.

Lobbyists infest Washington like locusts in a cornfield.

http://napoleonlive.info/what-i-think/occupy-wall-street-get-the-money-out-of-politics/
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mygiza
11:31 PM on 01/23/2012
America's Founding Fathers ( Franklin, Jefferson, Adams, Hamilton, etc) may have welcomed free markets and many financial fundraising efforts------ but it is doubtful that they wanted///foresaw that Corporate Enterprise could corrupt our system as much as it has-----and our Supreme Justice is also tilted against prosecuting the "too-big-to-fail investment bankers" who manipulate our economy.
01:56 PM on 01/24/2012
Actually, the founders were very fearful of corporations. Remember, they didn't throw the the British Government's tea in the river, the tea belong to the East India Company. They were fairly aware that corporations were becoming a new aristocracy in the old world. Initially, the laws over corporations were far, far stricter than they are now.
03:48 PM on 01/24/2012
I think the founders were well aware of it, but they were most concerned about government tyranny.

One thing they were terrified of was government creating laws that restricted free speech. They made the 1st amendment free speech clause intentionally non-specific. They didn't say it applied to "persons" or "human beings' or "entities" etc - they left that out because they wanted it to be difficult for government to create laws that restricted speech. Period. When you give the government (eg., Keith Ellison) the power to write laws that restrict free expression, whether it be advocacy by corporations (ie., the people who guide the corporation) or by individual humans, you've defined "tyranny" as the founders might have understood it.

The bottom line is, Corporations do not have a vote. People do. The individual "natural person" does. That means that, no matter how much noise corporations or other big-money interests make, the individual voter has the power - if only the voter would use it.
11:05 PM on 01/23/2012
There should be no money from anyone, period. Why does anyone give money to elect a politician to office? Because that politician can benefit that individual and the politician financially. That is pretty much bribery. Being a politician should not be a money making proposition. How about volunteering your their time. There should be no money from anyone, period.
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FilthyHarry
Expletive Deleted
10:47 PM on 01/23/2012
We needed to get corp money out of politics looooong before 2 years ago.
09:34 PM on 01/23/2012
This Country is in a downward spiral...the country of Costa Concordia flooded with corruption and disabled by corporate ir-responsibility. 308 million in population and how many think watching tv is more important than voting? 50 million would make a critical mass change in consciousness like 99% Occupy Anonymous. Americans stop allowing your Country to be bankrupted by corporations. Do not allow Exuberant free fall LOAD SHEDDING rolling blackout capitalism to continue un-regulated. Who is crazier? The 8 ruling families...?...The 1%...? or the 99% that only watch tv instead of occupy? You ir-responsible American masses 300+ million are as much to blame as the corporations of 8 and 1%. Why? Because this free fall has been going on since Reaganomics. Get off the couch. Open your front doors. Start paying attention and being mindful of your own power and enpowerment.
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rbdennis58
Lefty AND Righty
11:08 PM on 01/23/2012
I have. I registered to vote and have acquired weapons, ammo and seeds.
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tomteboda
09:20 PM on 01/23/2012
Why does this amendment only limit "for profit" interests?
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FilthyHarry
Expletive Deleted
10:52 PM on 01/23/2012
Because for profit corporations are legal entities that exist for one reason only: create profit.
Other organizations represent the will of the members of those organizations, potentially across a wide spectrum of interests. Whereas corps have one interest and one interest only. Profit. If a corp could show a profit blowing up the planet, they'd do it. So their input into any field of interest outside of their own profit making is pointless, i.e. they have no actual inherent interest in the well being of the society they claim to be participating in.

I'll grant you I'd be happy to see all organized money out of politics, but to answer your question, their is a difference.
03:58 PM on 01/24/2012
"... they have no actual inherent interest in the well being of the society they claim to be participat­ing in."

They actually do. One example: Political stability, whether it be domestically or in other countries they operate in.

Beyond just that example, your demonization of the profit motive ignores the result as seen in regimes (such as the Soviet Union and East European countries prior to 1989) when profits were viewed as mere expressions of the greedy and counter to the interests of the collective. We saw how that ended - in moribund decay.