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Robert L. Borosage

Robert L. Borosage

Posted: February 2, 2010 05:48 PM

Taking Elections Back From the Corporations and the Constitution Back from the Gang of Five

What's Your Reaction:

Rep. Donna Edwards (D-Md) and Rep. John Conyers (D-Mi) and chair of the House Judiciary Committee today introduced an amendment to the Constitution to overturn the Supreme Court's decision in Citizen's United that gave corporations the right to spend unlimited funds in election campaigns as a matter of free speech.

Edwards, a brilliant first term legislator with a long commitment to free elections, quoted Justice Lewis Brandeis: 'We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both.' It is time we remove corporate influence from our policies and our politics. We cannot allow corporations to dominate our elections, to do so would be both undemocratic and unfair to ordinary citizens."

"The ruling reached by the Roberts' Court overturned decades of legal precedent by allowing corporations unfettered spending in our political campaigns," said Congresswoman Edwards. "Another law will not rectify this disastrous decision. A Constitutional Amendment is necessary to undo what this Court has done."

Judiciary Chair Conyers concurred and co-sponsored the amendment, noting that ""The Supreme Court's idea that corporate political is no different than an individual citizen's political speech was not the law when the Constitution was written, was not the law before the Supreme Court's decision two weeks ago, and should not be the law in the future."

Senator John Kerry announced a plan to introduce a similar amendment in the Senate

A broad coalition of groups are joining together to push the drive for the amendment, while supporting legislation to limit the Court's ruling.

This should lead to campaigns in every state to pass the amendment - and force legislators to decide which side they are on: Should corporations be guaranteed the same free speech rights as American citizens?

The Supreme Court's decision - imposed by the gang of five activist conservative justices - is wrong on the law, wrong on the history, wrong on the principles of a Republic (as opposed to the interests of Republicans). Scorning decades of precedent, and dozens of settled federal and state laws, the right-wing majority imposed a power-grab every bit as egregious as the decision in Bush v Gore that made Bush president by shutting down the vote count in Florida.

If citizens begin to understand the stakes, then this decision may well backfire on the Gang of Five and their conservative allies.

See amendment and Edwards and Conyers' statement here.

See Edwards' floor speech on issue here.

For more information go to www.freespeechforpeople.org.

 
 
 
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HUFFPOST SUPER USER
Nomccain
08:57 AM on 02/04/2010
We've reached a point in this country where our own citizens are ignored in lieu of contributions from the major corporations. In short, the corporations now rule the country. What amazes me is the fact that so many Americans refuse to research the voting records of those "crooks" in Washington and react accordingly at the polls and fire them. They have forgotten that being a congressman or woman is NOT, or SHOULD NOT be a career and they should be there to represent US. The solution is easy! Fire them IF they're not representing you and your views. Isn't that simple?
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HUFFPOST SUPER USER
mikegriffith
Non-partisan Independent
08:20 AM on 02/04/2010
It's worth noting that the 1990 Austin v. Michigan Chamber of Commerce decision and the 2003 McConnell v. FEC decision, which the Supreme Court overturned, both contravened the earlier precedents of the Buckley and Bellotti decisions. So if we want to talk about honoring precedent, then the Citizens United decision (1) reverses two decisions that ignored precedent, and (2) restores the precedents that Austin and McConnell ignored.
07:05 AM on 02/04/2010
See "REPUBLICAN CAMPAIGN STRATEGY" on http://poemsonaffairsofstate.blogspot.com/
09:56 PM on 02/03/2010
I love when liberals go to great lengths to defend free speech, but when the free speech may hurt them in the elections the justices who voted to allow corporate free speech are evil. This is no different than the media corporations displaying their slant everynight on their news or newspapers putting an article that hurts their position on the back page. So it is ok for media corporations and unions to do it, but not anyone else? Free speech is free speech anyone or anything should be able to say whatever it wants. If you dont like it dont support the company. We should welcome free speech not discourage it.
06:52 PM on 02/03/2010
Congress & states to regulate corporate political funding?

So who's to stop congress or states from allowing generous amounts of funding for equally generous campaign contributions? I smell a rat here. Nothing short of removing human rights from corporations and public financing of campaigns will suffice. But I am afraid its too late for that.
06:01 PM on 02/03/2010
Isn't it great that the slobbering, liberal dominated media were exempt from restrictions even before this ruling? How much was the fawning coverage of the "Anointed One" during the last election cycle worth? CBS, NBC, ABC, CNN, MSNBC, Time, the NY Times, LA Times, Newsweek and others are all "corporations" whose business just happens to be journalism and who used their power to push an inexperienced community organizer into the most powerful position in the world. Hollywood and television used their considerable power to undermine Republicans. Corporations can be all over the map politically depending on the issue in play, so I am not sure why progressives are so scared about "free speech", especially political speech. In fact, the great legal enabler of the progressive movement, the ACLU, came down on the side of the corporations in this case.
06:55 PM on 02/03/2010
Bring back the Fairness Doctrine.
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HUFFPOST SUPER USER
jinxed
starting over at 60
07:51 PM on 02/03/2010
"the slobbering, liberal dominated media"

You are kidding, aren't you? The "liberal" media died during the assault of the right wing against any ideas with a liberal slant when the fairness rules were scuttled by the GOP during their "modernization" period.
04:46 PM on 02/03/2010
We may need to attack this from the other direction, as well.
Shorten the election-cycle to 4 months, and disallow all tv advertising.
If we can get to publicly-funded elections, the lobbying and other forms of corporate contributions should be less necessary - and they would then be viewed as what they are, bribes.
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HUFFPOST PUNDIT
KriTiKiT
Says"play nice"
03:50 PM on 02/03/2010
I would urge all hp readers and bloggers to closely examine there representatives and senators...
I did and I was blown away by far by sen R-TX John Cornyn...
he has offices locally at Chase Tower in Austin TX, Bank of America in Harlingen TX, Wells Fargo in Lubbock tx, and Regions Bank Building in Tyler TX.
the issue i have with this are lobbyist and a bank officials have direct access to our (my) elected officials with the benefit of not signing in because they own the building... he also has MANY other offices and my question is how does a civil servant pay for all his office space?

how is that democracy in action? The corporation has direct access to the officials we elect because they own the buildings... why should we introduce a constitutional amendment when we can't even keep tabs on who is actually influencing who!.
03:38 PM on 02/03/2010
Why stop with allowing the Congress & states to "regulate" corporate political funding? What was so good about the previous status quo? It's not as though corporations have acted as model civic citizens under the existing laws. Their influence has grown increasingly corrosive for decades and will now be completely unrestrained. An amendment that simply allows Congress and the states to reenact the old laws isn't progress, but merely less bad than no law at all. New legislation will be 1) be subject to the influence of now unlimited corporate funding and 2) written to benefit incumbents -- who wrote the laws creating the system of legalized bribery the Supreme Court has enhanced. Do we expect better from them this time?

This over-reaching, arrogant decision can be a blessing and disguise. By creating a compelling need, the mechanism used to address it can serve even greater purpose. At minimum, a constitutional amendment should declare that money is not speech. Why not ban corporate political funding altogether? Or maybe requiring expulsion of members of Congress who do not recuse themselves from voting on legislation that would have an impact on a campaign contributor? Why not include general limitations on corporate "personhood", allowing CEOs and board members to be held liable for all kinds of corporate actions? Or, I don't know, just eliminate them entirely.

I'm not a lawyer or constitutional scholar but this is clearly a golden opportunity for establishing more encompassing remedy than the resolution envisions. Any other ideas?
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HUFFPOST SUPER USER
jinxed
starting over at 60
07:33 PM on 02/03/2010
OR Congress can pass campaign finance reform requiring public funding ONLY re: tax money. End of discussion! Any politician collecting money for a campaign that comes from any means OTHER than from an American citizen (person) with a cap on how much can be donated from each PERSON can be charged with bribery! Get all special interest money out of ALL campaigns!
02:48 PM on 02/03/2010
Your argument that corporations cannot have free speech, is flawed to the extreme. You do not mention unions which are more powerful and make as much money or more than a lot corporations. You cannot make one set of laws for one entity and let the other go free. Unions have been the bane of our economy as much as the greedy politicians and wallstreet. Unions have ruined the car industry, steel industry, education, and many other once great fields here in the U.S.A.

What's good for corporations should be good for the Unions!
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HUFFPOST SUPER USER
madinirose
03:33 PM on 02/03/2010
Neither unions or corporations should be able to influence our elections in this way.

Besides, a corporation can outspend and outpower an union anyday.
04:33 PM on 02/03/2010
You don't know the facts, but are probably just repeating conservative talking points. Corporations have hundreds of times more money to spend than unions. Do your research.
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HUFFPOST PUNDIT
ScreenName05
02:21 PM on 02/03/2010
The actual Edward's amendment is too weak. The amendment should stress that corporations are not persons within the constitution and do not have any of the rights of a person - that includes the right to bear arms (corporate police), fourth amendment rights, jury trial rights, etc. If we don't we will just be back in this argument again in ten years.

The bill of rights was created to provide specific rights to people to avoid the travesties under British rule - such as illegal search and seizure of a person's house and person without a warrant. Freedom to practice religion without government interference. Freedom of association without government interference. Freedom of speech without government interference.

The constitution does not recognize corporations and nothing about citizenship should be extended to a corporation or for that matter any association.
02:16 PM on 02/03/2010
Outlaw all political contributions as the obvious Bribery they are!

Mandate free prime time and a travel budgets for all candidates on the ballot.

Bring Democracy to the USA Plutocracy.
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HUFFPOST COMMUNITY MODERATOR
girlwild
Corporations aren't people until Texas executes 1
02:11 PM on 02/03/2010
The amendment should strip "personhood" from all corporations, thus denying them the rights reserved to WE THE PEOPLE.
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02:17 PM on 02/03/2010
So, the New York Times and Washington post can be censored and/or banned?
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StevenWells
Objects in the avatar are larger than they appear
02:45 PM on 02/03/2010
I'm sure it could be worded so as not to conflict with, "or abridging the freedom of speech, or of the press."
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HUFFPOST COMMUNITY MODERATOR
girlwild
Corporations aren't people until Texas executes 1
04:03 PM on 02/03/2010
Individual reporters already have the right of freedom of the press. In the early days, individuals ran their presses, they weren't corporate monoliths.
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05:50 PM on 02/03/2010
" In the early days, individuals ran their presses, they weren't corporate monoliths."

True enough, but today, all major newspapers are corporate monoliths.
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HUFFPOST SUPER USER
polkarde
Let freedom ring!
02:09 PM on 02/03/2010
You they could also start by impeaching those 'snake oil' Justices for their political activism, otherwise you never know what they could dream up next.
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02:16 PM on 02/03/2010
It is improper to use the tool of impeachment to remove judges based upon an idealogical difference of opinion instead of for criminal wrongdoing , such as accepting bribes and the like. Once you open that pandora's box, you provide a precedent and a justification for the same action taken by persons who do not share your political viewpoint to do the same when ever they are in power. Imagine a judge being impeached because he/she supports the right of abortion.

Further, it adds an additional political element to the judiciary which would be used as a threat to any judge contemplating making a "judicially correct" but politically unpopular decision.
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HUFFPOST COMMUNITY MODERATOR
girlwild
Corporations aren't people until Texas executes 1
01:57 PM on 02/03/2010
And any Congressperson, Senate and House, who votes against this amendment should be voted out of office.
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03:15 PM on 02/03/2010
.... and draw an 'Honest' paycheck from this 'person' (corporation), rather than accept under the table cash, stolen from shareholders.

The thieving CEOs, of shareholders investments, are enabled by the puppets in elective office.

No one should forget, EnRon and Kenny-Boy's relationship with 'W'.