Voters support constitutional amendment to overturn "Citizens United" decision

by: Paul Rosenberg

Wed Nov 24, 2010 at 09:00


There’s strong voter support for a constitutional amendment to overturn Citizens United and allow restrictions on corporate spending, according to a poll conducted by PPP and paid for by the Progressive Change Campaign Committee, Ryan Grim of HuffPost has reported:

Nearly a fifth of voters remain undecided on an issue that has only been live since the Supreme Court overturned a century of legislation and precedent in a 5-4 ruling whose effect was visible to anybody with a television through the months of September and October. Of those who have an opinion, 46 percent said that “Congress should consider drastic measures such as a constitutional amendment overturning the recent Supreme Court decision allowing unlimited corporate spending in elections,” while 36 percent disagreed. The survey, which was provided to The Huffington Post, was conducted by the liberal-leaning Public Policy Polling on November second and third and reached 548 voters.

A Constitutional amendment requires a two-thirds vote in both chambers of Congress and must be ratified by three-quarters of the states. But, said Rep. Donna Edwards (D-Md.), the author of an amendment that would overturn Citizens United, there have been times in American history when amendments have caught fire and ripped right through the land. “The process is very rigorous, and it should be,” Edwards told HuffPost. “But there have been plenty of examples of amendments to the Constitution that have happened, actually, with fairly rapid-fire when they catch on.”

Edwards, an attorney, said she wrote the simple text of her amendment the night that Citizens United was handed down. “I really concluded that the Supreme Court actually put the challenge out to us, here in the Congress. They said, you know, you could make a judgment that this is not really good for the system, but the fact is that the Constitution doesn’t allow you to regulate this. Congress, you have no– the Court told us directly– Congress, you have no authority to regulate. And when the Court says that so directly, it only leaves us one choice,” said Edwards.

In the Senate, John Kerry (D-Mass.) and Max Baucus (D-Mont.) have both gotten behind the effort. “Max Baucus and I, probably, if we had to serve in the same body, we probably don’t agree on a whole bunch of stuff. But on this, he really gets it,” said Edwards.

“Max is always willing to work with anyone toward the common goal of making sure Montanans’ voices don’t get drowned out by out-of-control corporate campaign donations,” said Kate Downen, a Baucus spokeswoman.

Adam Green, cofounder of the PCCC, sees the amendment as a winning political issue. “It’s time to stop thinking small-bore. The solution to Citizens United is not merely disclosure, it’s to overturn Citizens United — and even last November’s Republican-skewed electorate agrees,” Green said.

The article goes on to note the barriers such an amendment would face: the parties’ reliance on corporate spending, the GOP takeover of 19 legislative chambers in the midterms, but continues:

But, said Edwards, Democrats need to embrace the idea that the Constitution is a political ground worth fighting on. “A lot of progressives are not accustomed to using the mechanisms of the Constitution. The right has used– has tried to do that an awful lot of times on a whole range of different things in state legislatures and across the board. And as progressives, we’re not accustomed to doing that, and this is one instance, though, where the populist demand is there, and our energy and our policy has to match that demand and a Constitutional amendment does that.”

And it notes:

The amendment has strong support from law professors and former attorneys general.

But one more thing ought to be noted: the barrier of GOP obstructionism on this issue could actually be turned into a blessing–although it won’t be easy to do, at least at first.  During the last election, big business managed quite successfully to channel Tea Partiers populist rage at the government, not them.  And this won’t be a hard trick to replicate in the future for most of the hardcore ideologues.  But repealing Citizens United and directly confronting the untrammeled, anti-democratic power of big business could be just the thing to wreck havoc with the Tea Party narrative for the broader public. Having a clearly-defined fight over a Constitutional amendment to take back our democracy from big business would provide a constant narrative backdrop for all manner of corporate abuses, such as recent revelations of how fiercely the health insurance industry fought against health care reform.  There is a real opportunity here–and if it does catch fire, as Donna Edwards points out if possible, that opportunity could huge.  The only question is whether we’re willing to think big enough to take advantage of it.

Are we ready to start thinking big?

Paul Rosenberg :: Voters support constitutional amendment to overturn “Citizens United” decision

Tags: , , , , (All Tags)
Print Friendly View Send As Email
i don't (0.00 / 0)
believe citizens united had a huge impact on the midterms.  money was flying all over the place by both sides.  in fact, it was reported by several media outlets including the NYT that the union would outspend everyone during the midterms.  

the people are going to vote for or against the cadidates of their choice period. yes, some people can be easily influenced by a stupid political commercial or other advertising however, the majority of voters will have already made up their minds.  you need not look any further than the Meg Whitman story. $140 million and mega exposure and she still got creamed.  


 
Surely You Can Come Up With Better Lies Than These! (4.00 / 1)
The dog ate my homework, perhaps?

The check is in the mail?

“You know what they say — those of us who fail history… doomed to repeat it in summer school.” — Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]  
Got a link? (4.00 / 1)
it was reported by several media outlets including the NYT that the union would outspend everyone during the midterms

Apparently, you have “several” to choose from – and you MIGHT even be able to get some more recent information, considering that your comment is written in the future tense.


“It sounds wrong…
     …but its right.”


[ Parent ]  
The Links Are In The Mail! (4.00 / 1)
No, wait.  The dog ate them!

“You know what they say — those of us who fail history… doomed to repeat it in summer school.” — Buffy The Vampire Slayer, Season 6, Episode 3

[ Parent ]  
yes… (0.00 / 0)
my dog ate them but luckily, he pooped them all out very quickley…:)

here is one link…i can certainly find many more if you like.

http://www.boston.com/bostongl…


 
Thanks (4.00 / 1)
Seems the government employees get what they pay for through their support of unions and using that money to fund campaigns.

To my way of thinking – you made an excellent case for stronger, more active labor unions. Although, I suspect that this was not the point you were hoping to make.

As to the data on the Cato site showing how much more government workers (especially Federal workers) make relative to the private sector, I need to see some breakdown of that data. I suspect that private sector values are suppressed by the ridiculously low wages paid by some private sector industries. Is a low wage the only criteria to use in such comparisons? I mean, if the private sector is unwilling to pay a livable wage – while the government does – shouldn’t we also compare standard of living? (at least).

But, again, that may just be a good advert for workers in the private sector joining better, more effective, unions which might just help them to earn a livable wage.

I’d also like to see a comparison of the divide between the pay rate for top executives in the private sector and the wages that went into calculating the numbers on the Cato site. Perhaps, the private sector workers are paid less because their executives are paid more? (Again – we’re back to the need for workers to unionize and establish some pay equity, no?)

So, RR, I read the situation very differently than you do. Where you and Rich Lowery (rightwing idealogue that he is) seem to think that the data on the Cato site indicates that government workers are overpaid – I think it indicates that private sector workers are being screwed over by their bosses and boards of directors.



“It sounds wrong…
     …but its right.”


[ Parent ]  
Not to mention that labor unions (0.00 / 0)
represent the views and ambitions of many more people than the deep pockets of a few rich folks, so such comparisons are specious, at best.


“It sounds wrong…
     …but its right.”


[ Parent ]  
your arguments (0.00 / 0)
are compelling however, the point I was trying to make was that Citizens United didn’t really have that much of an impact because there were other groups willing to step up and counter that.  my other point was I did not believe that the group with more money is always going to win.  

[ Parent ]  
Oh yeah, on your original point (0.00 / 0)
The article you linked to pretty much contradicts this statement:

i don’t (0.00 / 0)
believe citizens united had a huge impact on the midterms.

If it had so little impact – why are you and Lowery so PO’d?


“It sounds wrong…
     …but its right.”


[ Parent ]  
you do realize (4.00 / 4)
I hope you do realize that a) Jacoby is a notorious union hater and should be looked at with some suspicion; b) to wit, he compares what is the overwhelming bulk of public sector union spending to that of two large corporate-funded, pro-GOPer entities, which is to say a small fraction of the total number (though admittedly two very large ones). For instance, consider the recent reporting that while playing footsie with Obama the health insurance industry spent around $90 million in a pass-through arrangement, then there is coal, oil, and so on; c) not really on your point but important nonetheless is the fact that compared to the corporate groups union spending is raised from many people in small amounts and is rather transparent and subject to democratic control in comparison to one of the least transparent and autocratic institutions in the history of humankind (the corporation); d) public sector union spending comes from American sources exclusively and is not comingled with illegal donations from overseas.

Whether or not this spending impacted this election I cannot say but I would suggest that your idle speculation is at odds with the thinking of the corporate masters who directed in excess of $1 billion of spending. Your claim smacks of the smoking executives saying that their advertising is not designed to make people become smokers but only about brand switching. Yeah…right.  

Did they get you to trade your heroes for ghosts? Hot ashes for trees? Hot air for a cool breeze? And cold comfort for change?


[ Parent ]  
It's about access, not money (4.00 / 2)
The problem with the Citizens United decision (okay there are many of them) rests in the way it legitimized different levels of access to the political system based on wealth – people with lots of money are able to buy access while those with less money are unable to get to the political system.  It also legitimizes the idea that those with more money have more freedom of speech because they’re able to dominate the discussion through the use of wealth – in essence Citizens United gave the rich more votes than the poor.

A constitutional amendment would need to tackle several broad issues – not just overturning a bad court decision but reforming campaign finance laws by undoing the notion that how you spend money is the same as freedom of speech.  I think the language would also need to specify that corporations are legal constructs not citizens and therefore don’t have the same legal rights as citizens – part of the problem with the Citizens United decision was that it treated corporations as if they are actual citizens and hence could not have their freedom of speech, defined as spending money, abridged.  

“The right of citizens to participate in the political process shall not be abridged or limited on the basis of economic status or access to wealth.  The rights of citizenship are applied only to persons and shall not be construed to apply to corporations or other legal entities.  The use of personal or corporate wealth to influence elections may be regulated by Congress as it deems necessary to guarantee equal access to all citizens for participation in political processes.  Congress is empowered to enforce this amendment by appropriate legislation.”

That language sucks but it’s a start.  I think I’d even call is the political access amendment or some such.


 
an opposing argument (0.00 / 0)
would be that corporations employ people.  these people have families.  Theses corporations also support suppliers and customers who are also corporations. they have a vested interest as do the employees, to keep the business profitable.  why would you deny a corporation the right to support a cadidate who might not have the best interest at heart when it comes to business.  

you say they are trying to buy candidates, the same could be said about the unions…they are trying to buy candidates too.


[ Parent ]  
here you go: (4.00 / 1)
http://www.uschamber.com/careers

Did they get you to trade your heroes for ghosts? Hot ashes for trees? Hot air for a cool breeze? And cold comfort for change?

[ Parent ]  
true enough, corporations employ people (4.00 / 1)
just like the government employs people.

As I said above – the data at the Cato site (linked to from your link to the Boston Globe) indicates that the private sector also underpays their workers.

If it were true that the corporate interests were directed toward bettering the lives of their workers, rather than larding up the back accounts of their executives and off-shoring their production to increase profits, your most recent post might make some sense. But they aren’t and it doesn’t.

When a corporation the does business in an extractive industry uses its improved access to the political realm afforded by Citizen’s United to decrease, or delay implementation of government regulations that might protect their workers and/or the environment (for all of us, not just their workers), I can see how this benefits business – but at what cost?

If these businesses were truly interested in bettering the lives of their workers – why have real wages dropped over the last two decades, while the compensation for top executives has ballooned? Why would I now believe that just because these corporate denizens have more access to the political system that they won’t use it to increase their wealth while externalizing most of their enviromental costs and further reducing wages?


“It sounds wrong…
     …but its right.”


[ Parent ]  
Bad argument (4.00 / 3)
Unions are not exempt from campaign spending regulations – I don’t believe anyone is proposing they be exempt from those regulations.  However, it’s also noteworthy that it’s corporations, not unions, who have funded the groups that have most actively lobbied against campaign finance reform, that have deliberately spread misinformation into the public discourse.  

However, your argument engages in some false equivalency – Unions are not the equivalent as corporations in how they work, to whom they accountable and how they spend their money.  The hard research shows that unions are good for people with jobs – better pay, better benefits, better work environment.  Unions also build community – they do door to door organizing.  The corporate war on unions is one of many factors in the growing economic disparity that is threatening our democracy.

One of my favorite bits of electoral history – the one union that consistently backed Republicans was the teamsters during their mobbed up days.  Once they cleaned up the corruption, they started backing the Dems.


[ Parent ]  
"Are we ready to start thinking big?" (4.00 / 2)
I am – unfortunately, Edwards is not.  Citizens United was consequential, but it did not undo a functioning system. The campaign finance system was already failing apart when the Court ruled.  Restoring congressional power to where it was prior to this year might help mitigate the problem (but not necessarily – neither party seems anxious to tackle this issue, and the amendment only allows regulation, it would not require it).

Even if you could design a system that could successfully prevent corporate campaign spending (and I doubt that is possible absent a rather fundamental shift in the power of corporation and countervailing institutions), it would not solve the problem.  A tiny class of people will still have the vast majority of the wealth that could potentially fund campaigns.  Candidates will still be dependent on the people who run those corporations, even if the money comes from bonuses and salary rather than directly from the corporate coffers. It is this dependence, and the inability of one side to get their message out when they lack sufficient funds, not the possibility that money controls vote choice, that is the problem.

Public funding is obviously the solution. Campaign finance is like drugs – there is no way to cut off the supply as long as the demand remains.

Now, I appreciate the point about the potential power of this amendment as an organizing tool. But I suspect public funding could fit the bill as well.  


Politics is the art of the possible, but that means you have to think about changing what is possible, not that you have to accept it in perpetuity.


 
re: funding (0.00 / 0)
Public funding is obviously the solution. Campaign finance is like drugs – there is no way to cut off the supply as long as the demand remains.

very well said dave. you gotta cut off the supply.


[ Parent ]  
I agree (0.00 / 0)
If anything, a mere repeal of Citizens United isn’t big enough.  If we’re gonna invest in something as high-profile as a constitutional amendment, we should really go all in and push for an amendment to create a working system of public financing of elections and campaigns.

[ Parent ]  




USER MENU


blog advertising is good for you
blog advertising is good for you

Donate to Open Left

QUICK HITS
SEARCH

   

Advanced Search

STATE BLOGS