Court Puts America Up for Sale

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Courtesy of the Supreme Court of the United States, corporations are now free to spend as much money as they want in support of or opposition to any candidate for federal office. (Citizens United v. Federal Election Commission) Not just American corporations, but international and multi-national corporations, including those under de facto control by foreign governments. Virtually unlimited corporate resources may not, however, be given directly to the candidate as that would be wrong. Oh, and even if you’re not a corporation you’re free to do the same. You the reader are welcome to spend as much of your own money to run ad campaigns in favor of or opposed to any candidate.

Let’s say $3,000,000,000 ($3 billion) was spent by all federal campaigns in the 2008 elections. Now let’s say we have Acme Inc. which rakes in $3 billion in one month. Finally, let’s say there are more than 1,000 corporations of varying wealth with vested interests in American elections. The amount of money pumped into election campaigns by vested interests would drown all campaigns on all levels opposed to those interests.

A far scarier scenario is an unfriendly or creditor government controlling Acme, Inc. Picture the Bevis Islands influencing the makeup of our government.

Here’s how it goes: Leo Lobbyist chats with Senator Smith. “You know, Senator, my client Metrics, Inc. could really use that tariff reduction on Chinese imports. They’re putting $10M into this campaign to support you or to oppose you.” If the senator refuses to vote for it he’s screwed as $10M in negative ads run against him. If he does vote for it, his election was purchased by Metrics.

Corporations have been unleashed by the Supreme Court to run amok pushing their corporate agendas. Every candidate for the House and Senate as well as the presidency will be available for purchase by corporate America (or the Bevis Islands), thus shaping policy not for the American people but for itself.

This was a 5-4 decision. Never underestimate the importance of presidential appointments to the Supreme Court.

How did 5 of 9 SCOTUS justices conclude that this Pandora’s Box shall be unleashed on the American government? First Amendment analysis. Overruling its own longstanding precedent in Austin v. Michigan Chamber of Commerce, the Court found that the First Amendment granted corporations free speech, in which political speech is included. So just like you the reader as an individual guaranteed freedom of speech, that thing deemed a corporation also has the right to talk.

Keep in mind that a corporation is an artificial paper entity owned by people or other artificial entities. And why is this piece of paper deemed to have the right to speak? The Court deemed that piece of paper to be entitled to the same free speech rights as people, i.e., because the Court said so. The Court didn’t used to say so, but now it does and that is a game changer.

Theoretically, our saving grace should be the American voters themselves. They should see through the negative saturation campaigns; they should support the candidates who turn down the support; they should be politically savvy and sophisticated. Sadly, none of that will happen. No, seriously – it won’t and we all know it.

Congress can effectively reverse the Court’s decision by enacting laws passing constitutional muster to once again rein in corporate spending in American political campaigns. Congress must rally to President Obama’s call to reverse this wrong-headed decision by the United States Supreme Court. Not a single member of Congress is immune from its repercussions. If reversing legislation does not get done, the American government is headed for serious trouble.

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