The Supreme Court Just Gutted Another Campaign Finance Law. Here’s What Happened.

The Supreme Court on Wednesday released its decision in McCutcheon v. Federal Election Commission, the blockbuster money-in-politics case of the current term. The court's five conservative justices all agreed that the so-called aggregate limit on the amount of money a donor can give to candidates, political action committees, and political parties is unconstitutional. In a separate opinion, conservative justice Clarence Thomas went even further, calling on the court to overrule Buckley v. Valeo, the 1976 decision that concluded it was constitutional to limit contributions to candidates.

In their dissent, the court's four liberal justices called their colleagues' logic "faulty" and said it "misconstrues the nature of the competing constitutional interests at stake." The dissent continues, "Taken together with Citizens United v. Federal Election Commission, today's decision eviscerates our Nation's campaign finance laws, leaving a remnant incapable of dealing with the grave problems of democratic legitimacy that those laws were intended to resolve."

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Campaign finance ruling reflects Supreme Court's growing audacity

By Michael Waldman

Friday, January 22, 2010

U.S. Supreme Court

The Supreme Court on Thursday upended a century's worth of campaign finance law. An immediate question raised by the Citizens United v. Federal Election Commission decision is whether this will flood elections with suddenly legal corporate money. Less understood but deeply significant is what this shows about the court and its relationship to the Obama administration and Congress.

This far-reaching ruling augurs a significant power struggle. For the first time since 1937, an increasingly conservative federal judiciary faces a progressive and activist Congress and president. Until now, it was unclear how the justices would accommodate the new political alignment. The Citizens United decision suggests an assertive court, eager to overturn precedent, looming as a challenge to President Obama's agenda.

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The Bush-Packed Supreme Court Thinks Corporations Are People Too

By Scott Klinger, AlterNet. Posted January 22, 2010.

Corporations now have all the privileges of citizenship, without any of the responsibilities.

This week's Supreme Court decision in the Citizens United case removes all limits on large corporations to finance and influence federal elections. In its ruling the court reverses a decades-old ruling barring companies from using their general funds to fund political campaigns, and guts pieces of the popular McCain-Feingold campaign finance legislation. In so doing the Court implicitly embraces a 125 year-old precedent in the case of Santa Clara v. Santa Fe, where the Court first developed the legal doctrine of corporate personhood, explicitly granting corporations the same political and civil rights granted to human beings (historian Thom Hartmann discovered that the principle originated with a corrupt court clerk who added it to the case summary, rather than with the court itself).

But what if we accept corporate personhood as the current reality and instead focus on changing the rules so that corporations would also have to be bound by other limitations of humanity? How would corporations be different if they were indeed human-like?

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