With McCutcheon Ruling, An Activist Court Opts for Full-On Plutocracy

by John Nichols

Any doubts about the determination of an activist United States Supreme Court to rewrite election rules so that the dollar matters more than the vote were removed Wednesday, when McCutcheon v. Federal Election Commission was decided in favor of the dollar.

The court that in 2010, with its Citizens United v. FEC decision, cleared the way for corporations to spend as freely as they choose to buy elections has now effectively eliminated the ability of the American people and their elected representatives to establish meaningful limits on direct donations by millionaires and billionaires to campaigns.

The Citizens United ruling, coming after many previous judicial assaults on campaign finance rules and regulations, was a disaster for democracy. But it left in place at least some constraints on the campaign donors. Key among these was a limitation on the ability of a wealthy individual to donate more than a total dollar amount of $123,000 total in each two-year election cycle to political candidates and parties.

With the ruling in the McCutcheon case—where the court was actively encouraged to intervene on behalf of big-money politics by Senate Minority Leader Mitch McConnell, R-Kentucky—a 5-4 court majority (signing on to various opinions) has ruled that caps on the total amount of money an individual donor can give to political candidates, parties and political action committees are unconstitutional. In so doing, says U.S. Senator Tammy Baldwin, D-Wisconsin, says the court has further tipped the balance of power toward those who did not need any more influence over the affairs of state.

"It is far too often the case in Washington that powerful corporate interests, the wealthy, and the well-connected get to write the rules," says Baldwin, "and now the Supreme Court has given them more power to rule the ballot box by creating an uneven playing field where big money matters more than the voice of ordinary citizens.”

The think-tank Demos says the high court's ruling has "overturned nearly forty years of campaign finance law," which is certainly true. But the court has done much more than that. By going to the next extreme when it comes to questions of money in politics, the justices who make up the court's activist majority have opted for full-on plutocracy—and it is unimaginable that this week's ruling will be the last assault by the justices who make up that majority upon the underpinnings of democracy.

Those justices have made their political intent entirely clear. Chief Justice John Roberts was joined by Justices Antonin Scalia, Anthony Kennedy and Samuel Alito in a support of an opinion that rejects the notion that limits on the total amount of money that can be given by wealthy donors—such as the billionaire Koch Brothers or casino mogul Sheldon Adelson—are needed to prevent corruption. Justice Clarence Thomas went even further, writing an opinion that all limits on political contributions are unconstitutional. The extreme stance of Thomas—which would overturn the high court’s 1976 Buckley v. Valeo, which upheld basic contribution limits, may signal the next frontier for the court.

But the McCutcheon ruling will be more than sufficient for the big-money interests that worried that their ability to buy elections was hindered by what remained of campaign finance law.

“What world are the five conservative Supreme Court justices living in?” asked US Senator Bernie Sanders, I-Vermont. “To equate the ability of billionaires to buy elections with ‘freedom of speech’ is totally absurd. The Supreme Court is paving the way toward an oligarchic form of society in which a handful of billionaires like the Koch brothers and Sheldon Adelson will control our political process.”

The decision, while not unexpected considering the court's track record, horrified clean-government and campaign-finance reform activists.

This is truly a decision establishing plutocrat rights. The Supreme Court today holds that the purported right of a few hundred super rich individuals to spend outrageously large sums on campaign contributions outweighs the national interest in political equality and a government free of corruption,” said Rob Weissman, the president of Public Citizen. “In practical terms, the decision means that one individual can write a single check for $5.9 million to be spent by candidates, political parties and political committees. Even after Citizens United, this case is absolutely stunning. It is sure to go down as one of the worst decisions in the history of American jurisprudence.”

Public Citizen and other reform groups associated with the Money Out/Voters In movement have organized a national “rapid response” to the McCutcheon ruling. Thousands of Americans are rallying today in cities across the country to protest the decision—and to call for a constitutional amendment to restore the rights of citizens to organize free and fair elections.

“We, the People insist that our government and our country remain of, by and for the people—all the people, not just those few who have amassed billions in wealth,” says Weissman. “A vibrant movement for a constitutional amendment to overturn Citizens United and reclaim our democracy has emerged since the 2010 issuance of that fateful decision. The demonstrations today—unprecedented as a same-day response to a Supreme Court decision—are just the latest manifestation of how that movement is now exploding across the country.”

 

John Nichols is Washington correspondent for The Nation and associate editor of The Capital Times in Madison, Wisconsin. His most recent book, co-authored with Robert W. McChesney is, Dollarocracy: How the Money and Media Election Complex is Destroying America.

 

The Supreme Court’s Ideology: More Money, Less Voting

by Ari Berman

In the past four years, under the leadership of Chief Justice John Roberts, the Supreme Court has made it far easier to buy an election and far harder to vote in one.

First came the Court’s 2010 decision in Citizens United v. FEC, which brought us the Super PAC era.

Then came the Court’s 2013 decision in Shelby County v. Holder, which gutted the centerpiece of the Voting Rights Act.

Now we have McCutcheon v. FEC, where the Court, in yet another controversial 5-4 opinion written by Roberts, struck down the limits on how much an individual can contribute to candidates, parties and political action committees. So instead of an individual donor being allowed to give $117,000 to campaigns, parties and PACs in an election cycle (the aggregate limit in 2012), they can now give up to $3.5 million, Andy Kroll of Mother Jones reports. 

The Court’s conservative majority believes that the First Amendment gives wealthy donors and powerful corporations the carte blanche right to buy an election but that the Fifteenth Amendment does not give Americans the right to vote free of racial discrimination.

These are not unrelated issues—the same people, like the Koch brothers, who favor unlimited secret money in US elections are the ones funding the effort to make it harder for people to vote. The net effect is an attempt to concentrate the power of the top 1 percent in the political process and to drown out the voices and votes of everyone else.

Consider these stats from Demos on the impact of Citizens United in the 2012 election:

·  The top thirty-two Super PAC donors, giving an average of $9.9 million each, matched the $313.0 million that President Obama and Mitt Romney raised from all of their small donors combined—that’s at least 3.7 million people giving less than $200 each.

·  Nearly 60 percent of Super PAC funding came from just 159 donors contributing at least $1 million. More than 93 percent of the money Super PACs raised came in contributions of at least $10,000—from just 3,318 donors, or the equivalent of 0.0011 percent of the US population.

·  It would take 322,000 average-earning American families giving an equivalent share of their net worth to match the Adelsons’ $91.8 million in Super PAC contributions.

That trend is only going to get worse in the wake of the McCutcheon decision.

Now consider what’s happened since Shelby County: eight states previously covered under Section 4 of the Voting Rights Act have passed or implemented new voting restrictions (Alabama, Arizona, Florida, Mississippi, Texas, Virginia, South Carolina, and North Carolina). That has had a ripple effect elsewhere. According to the New York Times, “nine states [under GOP control] have passed measures making it harder to vote since the beginning of 2013.”

A country that expands the rights of the powerful to dominate the political process but does not protect fundament rights for all citizens doesn’t sound much like a functioning democracy to me.

Ari Berman is a contributing writer for The Nation magazine and an Investigative Journalism Fellow at The Nation Institute. He is the author of Herding Donkeys: The Fight to Rebuild the Democratic Party and Reshape American Politics,and has written extensively about American politics, foreign policy and the intersection of money and politics. His stories have also appeared in the New York Times, Editor & Publisher and The Guardian, and he is a frequent guest and political commentator on MSNBC, C-Span and NPR.

 

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