Abe Lincoln needs to revise the Gettysburg Address. It says America is a “government of the people, by the people, for the people.” It won’t take him long, though. Just insert “corporation” where “people” once was.
Last year, in Citizens United v. Federal Election Commission (FEC), a bitterly divided Supreme Court ruled that the government may not ban political spending by corporations in candidate elections. Though we as Americans value freedom of expression, since when are corporations entitled to the same First Amendment rights as individuals?
This decision goes beyond violating the principles of our democracy. It threatens them. And it has given wealthy people and influential, well-connected politicians the power to potentially sway the 2012 election.
The justices in the majority interpreted free speech rights much too broadly—and incorrectly. It is an absurd and dangerous claim to say corporations are just like people and are entitled to the same rights: Companies are artificial, legal constructs that exist to make money. Corporate spending on politics is not comparable to ordinary Americans’ support of a candidate.
Citizens United was out to prove otherwise. The organization created “Hillary: The Movie,” a flick that essentially argued why Hillary Rodham Clinton was unfit for presidency. The FEC restricted Citizens’ right to advertise the film during the 2008 primary season.
David Bossie, part of Citizens United and a Republican campaign operative, sued the FEC. According to The Washington Post, a lower court sided with the FEC in 2008, but Bossie was not satisfied, and brought the case to the Supreme Court.
The decision overruled two well-established precedents that restricted corporate spending to support or oppose candidates. The 2002 law, known as McCain-Feingold, banned the broadcast, cable, or satellite transmission of communications paid for by corporations or labor unions 30 days before the presidential primary and in the 60 days before the general elections, according to The New York Times.
President Obama described the decision as “a major victory for big, oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans.”
According to The Washington Post, Citizen United’s prominent lawyer, Theodore B. Olson, was particularly attached to this case because of his late wife’s investigations on Hillary. Olson transformed the case from a single attack on McCain-Feingold to an all-out assault on the law’s constitutionality.
What really is unconstitutional, however, is the extension of rights intended for real persons to artificial creations. In a 1988 New York Times article, Ralph Nader and Carl J. Mayer note how the framers of the Constitution “knew about corporations but chose not to mention [them].” The constitution’s rights are meant to equalize and empower the people, not moneymaking entities.
Corporations have only economic interests at heart, and now, they have free reign to “inject as much money as they jolly well please into federal campaigns,” said Jason Linkins of The Huffington Post. While an individual might be attracted to a candidate because of plans to reform healthcare or education, a corporation does not think in those terms. In fact, a corporation, though composed of many individuals, does not “think” at all. It acts according to what will be most profitable, which in turn, empowers the people within a corporation, as companies hold more economic power and sway than do most Americans.
Individuals have the right to support or oppose a candidate because that candidate will be leading his or her country. No matter what the reason for someone’s support of a candidate, that person represents only herself in a vote or donation. Who is the corporation representing, and precisely why is it involved in our community? Yet masked in a cloak of anonymity, the corporation can shout louder than ordinary Americans with its billions and billions of dollars.
When enormous corporations can spend unlimitedly in federal campaigns, the voice of the people is lost. And is a democracy not a government of the people?
Instead of upholding the principles of the First Amendment, the five justices in the majority have actually destroyed the rights for the ones who are truly entitled to them—the people. By extending the same freedoms to corporations, the peoples’ power diminishes in value. This decision truly twists the First Amendment, and in effect, causes it to lose its purpose for everyday Americans.
And now, the repercussions of the decision are beginning to surface.
According to
The New York Times, Gov. Rick Perry of Texas is among the top political fund-raisers in the country, with a "vast network of wealthy supporters eager to bankroll his presidential ambitions." During the first half of 2011, the Republicans Governors Association, of which Mr. Perry is chairman raised a record $22.1 million.
Gov. Perry's strength as a fund-raiser is due in large part to his tenure as governor: he is the longest-serving chief executive in Texas history. Texas is also a "treasure trove of Republican money," and "has few restrictions on political giving." Individuals and political actions committees (PACs) can give unlimited amounts to candidates for governor. According to a study by Texans for Public Justice, half of Gov. Perry's campaign contributions (approx. $51 million in the last decade) have come from just 204 donors giving $100,000 or more.
Money can't buy you love, but it sure is powerful.
Federal law caps at $2,500 the amount individuals can give to any one candidate during the primaries, which will thwart Gov. Perry from raising money nearly as easily as he has in the past.
However, thanks to the Citizens vs. FEC decision, whatever money his wealthiest supports cannot give directly to Gov. Perry can aid his campaign indirectly via "Super PACs." A direct consequence of the court decision, Super PACs are independent groups that can raise and spend unlimited amounts of money to support a candidate. Former Perry aides and his supporters have set up around a half dozen Super PACs in recent weeks.
At this point, it's hard to tell how Super PACs will affect the ultimate result of 2012. After all, the degree to which political advertising is incorporated into a person's vote is, in most respects, immeasurable.
Perhaps I'm naive to believe that money should be silenced in order for the people's true voice to prevail. Of course, it has to play a part in the campaign to some extent--otherwise, there'd be no campaign. However, corporations and Super PACs (and whatever else that may emerge) possess superhuman privileges. With the chance to spend infinite amounts of money during election time, corporations hold most of the cards. Corporations are freer than we are.