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At Senate Judiciary Subcommittee Hearing, Calls to Overturn Citizens United
United Re:public / News Analysis
Published: Saturday 28 July 2012
“Two panels of witnesses, including both current lawmakers and activists, testified to a friendly panel of Democratic senators (no Republicans appeared to have shown up) that our democracy is under siege.”
On Tuesday, a Senate Judiciary subcommittee held a hearing called “Taking Back Our Democracy,” examining special interests’ increasing grip on American politics and policy, especially focusing on the Supreme Court’s 2010 Citizens United decision. Two panels of witnesses, including both current lawmakers and activists, testified to a friendly panel of Democratic senators (no Republicans appeared to have shown up) that our democracy is under siege.
That sentiment was no surprise to anyone in the room (over 400 people showed up for the hearing, packing the room and causing spillover to another room). Again and again, testimonies confirmed that while money has played an enormous role in politics for decades, the past few years have marked a dramatic change:
- Sen. Bernie Sanders (I- Vt.) said that at least 23 extremely rich families have contributed at least $250,000 each in the 2012 campaigns. “My guess is that number is really much greater because many of these contributions are made in secret. In other words, not content to own our economy, the 1 percent want to own our government as well,” Sanders said.
- Sen. Tom Udall (D-N.M.) cited Citizens United and the DC Circuit Court of Appeals’ decision on SpeechNow v. FEC as the two cases most directly responsible for the rise of super PACs. “But our campaign finance system was hardly a model of democracy before these opinions,” he said. “We have been on this dangerous path for a long time. The Citizens United and Speech Now decisions may have picked up the pace, but the court laid the groundwork many years ago.”
- Gov. Buddy Roemer, former Republican presidential contender, lamented the “institutionalized corruption” gripping Congress, blaming it for the lack of trust Americans have in their government. “Washington, DC appears to be broken,” he said. “But it’s bought first.”
- Harvard law professor Lawrence Lessig echoed much of Roemer’s statements and suggested a “citizens’ convention” to work on amending the Constitution. “The people have lost faith in their government,” he said. “…and the funders are not the people.”
Meanwhile, just one witness was invited by the Republicans on the Senate subcommittee, Ilya Shapiro from the Cato Institute, a libertarian think tank. Shapiro called Citizens United ”one of the most misunderstood high-profile cases ever” and proffered the typical libertarian solution to the problem of big money in politics: more money, less limits, more disclosure. Shapiro, who essentially served as a punching bag for the liberal crowd, was lambasted by the senators on the subcommittee. Sen. Dick Durbin (D-Ill.) asked him if the Cato Institute’s connection to the Koch brothers made his testimony problematic.
And perhaps the most memorable part of the hearing was Sen. Sheldon Whitehouse’s (D-R.I.) exchange with Shapiro. Whitehouse, who championed the recently defeated DISCLOSE Act through the Senate, shared an anecdote about a recent exchange he had with a U.S. service member returning from Afghanistan without both of his legs, lost to an improvised explosive device. He compared that young man’s sacrifice to the Koch brothers, who Republicans have evoked in protesting against further disclosure, claiming that billionaire donors will face harassment with more disclosure.
“If we can ask [our soldiers] to [go to Afghanistan], we can ask the Koch brothers to put up with some impolite blogging,” Whitehouse said, provoking a rare bit of applause in a Senate subcommittee hearing.
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ABOUT Suzanne Merkelson
Suzanne Merkelson is the Associate Web Editor for United Republic, where she curates and comments on the day’s top money-in-politics news. She previously produced web content for Foreign Policy magazine and has written for the Chicago Tribune, Foreign Policy, and The Atlantic, among others.
Top Stories
By Tara Culp- Ressler
16 comments on "At Senate Judiciary Subcommittee Hearing, Calls to Overturn Citizens United"
July 30, 2012 10:04am
Sure, corporations are people. But all of them ALREADY HAVE THEIR VOTE/THEIR SAY as those individuals. So this decision gives them a second vote, which I don't have!
How wrong-headed can you get!
July 30, 2012 9:58pm
To be delivered to: The United States House of Representatives and The United States Senate:
We hereby petition The United States House of Representatives and The United States Senate to Amend the United States Constitution to prohibit all corporations from making contributions of any kind to members of the U.S. House and U.S. Senate and limit individual contributions to $100.00 per year.
Action needed:
We need to first establish the above Amendment to our Constitution. This is absolutely necessary because our Supreme Court has proclaimed that "money is speech" and "corporations are people" and therefore, in accordance with the Freedom of Speech provisions of our US Constitution, Corporations and wealthy individuals can contribute unlimited amounts of money to our US Senators and Representatives. The result is that their speech (which is money) speaks so extraordinarily loud that our Republican Senators and Representatives cannot hear (or totally ignore) anyone that disagrees with what the corporations and wealthy individuals persuade a majority of Republican Senators and Representatives to approve or reject certain proposed legislation. As a matter of fact, new legislation brought before our Senate and House of Representatives is very often written by the lobbyists bought and paid for by our corporations and certain wealthy individuals. So, we first need to create a situation that provides no more "volume" of speech (money) by the Republicans mentioned above than the "volume" (money) that is made available by most of us that are not wealthy; e.g., individuals that make less than $100,000 per year or couples that make less than $200,000 per year.
To sign the petition click on or paste into your browser: http://signon.org/sign/take-money-out-of-politics
July 29, 2012 7:49pm
My proposal: Only Citizens of the Jurisdiction may participate in an election or referendum.
This means that only people can participate in the election process. Not unions, not corporations. The idea is to level the playing field so that the public good prevails over private interests, to bar the influence of big money and to encourage more participation by citizens in the shaping of government (more democracy).
The terms need clear definition.
Citizen--a human being who is eligible to vote in that jurisdiction.
Jurisdiction--the political district subject to the outcome of the election or referendum
Participate--the citizen contributes their own money, their own labor, their own endorsement, their own tangible goods to support the election of a candidate or to influence the outcome of the referendum. Participate in this case means taking sides. This does not include non-partisan activities like voter registration or holding public forums where candidates debate or issues are discussed.
Election--the selection by the citizens of a person from among a set of candidates to serve as a government official
Referendum--the polling of the citizens to decide an issue of public interest
Caveats:
Disclosure--The identity of persons paying for publicity must be disclosed.
Limits must be made on the amount of money that a citizen can contribute to a particular candidate or referendum.
All election activities must originate from the candidate or be approved by the candidate. This puts the responsibility for all publicity related to the election on the candidates. This is the antithesis of Citizens United.
Note: Public financing of elections and referendums should be mandatory, to reduce the influence of money on election outcomes. Elections and referendums are public processes. The current situation that allows unlimited private money to drive elections and referendums does not serve the public interest.
July 28, 2012 11:26pm
To be delivered to: The United States House of Representatives and The United States Senate:
We hereby petition The United States House of Representatives and The United States Senate to Amend the United States Constitution to prohibit all corporations from making contributions of any kind to members of the U.S. House and U.S. Senate and limit individual contributions to $100.00 per year.
Action needed:
We need to first establish the above Amendment to our Constitution. This is absolutely necessary because our Supreme Court has proclaimed that "money is speech" and "corporations are people" and therefore, in accordance with the Freedom of Speech provisions of our US Constitution, Corporations and wealthy individuals can contribute unlimited amounts of money to our US Senators and Representatives. The result is that their speech (which is money) speaks so extraordinarily loud that our Republican Senators and Representatives cannot hear (or totally ignore) anyone that disagrees with what the corporations and wealthy individuals persuade a majority of Republican Senators and Representatives to approve or reject certain proposed legislation. As a matter of fact, new legislation brought before our Senate and House of Representatives is very often written by the lobbyists bought and paid for by our corporations and certain wealthy individuals. So, we first need to create a situation that provides no more "volume" of speech (money) by the Republicans mentioned above than the "volume" (money) that is made available by most of us that are not wealthy; e.g., individuals that make less than $100,000 per year or couples that make less than $200,000 per year.
To sign the petition click on or paste into your browser: http://signon.org/sign/take-money-out-of-politics
July 28, 2012 8:49pm
While I couldn't agree more, the reality of the situation causes me to worry how we can ever hope to correct this condition. Unless the voters, come this November, decide to elect Democrats in sufficient numbers to regain the majority in the House and retain the majority in the Senate and re-elect Pres. Obama, of course, there is no way that any of the previous suggestions can happen. Perhaps we ought to begin thinking about a Costitutional Convention. Failing that, the oligarcy wins.
July 28, 2012 11:29pm
To be delivered to: The United States House of Representatives and The United States Senate:
We hereby petition The United States House of Representatives and The United States Senate to Amend the United States Constitution to prohibit all corporations from making contributions of any kind to members of the U.S. House and U.S. Senate and limit individual contributions to $100.00 per year.
Action needed:
We need to first establish the above Amendment to our Constitution. This is absolutely necessary because our Supreme Court has proclaimed that "money is speech" and "corporations are people" and therefore, in accordance with the Freedom of Speech provisions of our US Constitution, Corporations and wealthy individuals can contribute unlimited amounts of money to our US Senators and Representatives. The result is that their speech (which is money) speaks so extraordinarily loud that our Republican Senators and Representatives cannot hear (or totally ignore) anyone that disagrees with what the corporations and wealthy individuals persuade a majority of Republican Senators and Representatives to approve or reject certain proposed legislation. As a matter of fact, new legislation brought before our Senate and House of Representatives is very often written by the lobbyists bought and paid for by our corporations and certain wealthy individuals. So, we first need to create a situation that provides no more "volume" of speech (money) by the Republicans mentioned above than the "volume" (money) that is made available by most of us that are not wealthy; e.g., individuals that make less than $100,000 per year or couples that make less than $200,000 per year.
To sign the petition click on or paste into your browser: http://signon.org/sign/take-money-out-of-politics
July 28, 2012 6:26pm
Senator Udall was entirely correct when he said that money in politics was a big problem BEFORE the fateful Citizens United ruling, but now it is virtually unmanageable. And the polls every week shows the high-priced smear campaign is working. What will all these " sheeple" feel when a Republican-controlled government weakens or sells out Social Security, cuts Medicare to such an extent that seniors won't be able to find doctors who will treat them. Unfortunately, the economic news will just keep getting worse, and the swamping tide of billionaire-financed smears will overwhelm not only the President, but any hopes for progressives in Congress, in either house. Then the clunkheads who voted their emotions instead of their minds will just cluck and say, "See, it's like I said, you can't trust any politicians." How about a little responsibility on the part of the electorate? Or maybe that might interfere with American Idol or Dancing With The Stars? No sweat, just turn to Fox News get some more brain-laundering from the chicken-hawk talking heads from privileged backgrounds who parade as just plain folks by being mean-mouthed and tasteless. Never fear, there won't be a revolution while Fox News does its job.
July 28, 2012 11:31pm
To be delivered to: The United States House of Representatives and The United States Senate:
We hereby petition The United States House of Representatives and The United States Senate to Amend the United States Constitution to prohibit all corporations from making contributions of any kind to members of the U.S. House and U.S. Senate and limit individual contributions to $100.00 per year.
Action needed:
We need to first establish the above Amendment to our Constitution. This is absolutely necessary because our Supreme Court has proclaimed that "money is speech" and "corporations are people" and therefore, in accordance with the Freedom of Speech provisions of our US Constitution, Corporations and wealthy individuals can contribute unlimited amounts of money to our US Senators and Representatives. The result is that their speech (which is money) speaks so extraordinarily loud that our Republican Senators and Representatives cannot hear (or totally ignore) anyone that disagrees with what the corporations and wealthy individuals persuade a majority of Republican Senators and Representatives to approve or reject certain proposed legislation. As a matter of fact, new legislation brought before our Senate and House of Representatives is very often written by the lobbyists bought and paid for by our corporations and certain wealthy individuals. So, we first need to create a situation that provides no more "volume" of speech (money) by the Republicans mentioned above than the "volume" (money) that is made available by most of us that are not wealthy; e.g., individuals that make less than $100,000 per year or couples that make less than $200,000 per year.
To sign the petition click on or paste into your browser: http://signon.org/sign/take-money-out-of-politics
July 28, 2012 4:24pm
This has got to end. republicans have to be voted out or escorted out. We need to start impeachment proceedings for those that voted for citizens united in the supreme court. We need to take up sticks and clubs if necessary to rid ourselves of those in Congress, the supreme court, or anywhere else that are working diligently to destroy our democracy. They have declared war on our democracy and the working people of America. We won't have a country worth being in if we don't do something soon. If anyone thinks this is exaggerating, wake up and look around. It may sound extreme but what is happening to us is very extreme with no end in sight. Our children have little to look forward to and everyone can see it with cuts to education just to name one thing destroying our next generation. Health care, Medicare, social security, all safety nets, and the list goes on that we are losing on a daily basis. If ever there were a time to come together for the good of America, now is the time.
July 29, 2012 5:19pm
To be delivered to: The United States House of Representatives and The United States Senate:
We hereby petition The United States House of Representatives and The United States Senate to Amend the United States Constitution to prohibit all corporations from making contributions of any kind to members of the U.S. House and U.S. Senate and limit individual contributions to $100.00.
This is necessary because:
For too long we in America have been living under a Government that is run by government of the people by the lobbyists for the rich and powerful corporations. Too many of our Senate and House of Representatives are owned and controlled by Corporations and their big money. When our US Supreme Court announced that Corporations are people, that was a strong indication that the Corporations and their big money also owned and controlled too many of our Supreme Court Justices.
The only way to cleanse our political system from the currently ongoing enormous corrupting influence is to get money out of politics. We need to free ourselves of Crony Capitalism whereby a rich and powerful few are running our government and reinstate Democratic Capitalism; that is, TRUE free market capitalism which is absolutely compatible with a true democracy. TRUE free market capitalism includes corporations and investors that assume all risks and are solely responsible for all losses as well as enjoying all profits after applicable taxes. Then once again we will have government of the people by the people and for the people. This amendment to the Constitution is necessary because of the Freedom of Speech provisions contained in the Constitution.
Click on the link or copy and paste it into your browser to sign the petition: http://signon.org/sign/take-money-out-of-politics.
July 29, 2012 1:29am
We need to wheel out the guillotine.
July 28, 2012 11:32pm
To be delivered to: The United States House of Representatives and The United States Senate:
We hereby petition The United States House of Representatives and The United States Senate to Amend the United States Constitution to prohibit all corporations from making contributions of any kind to members of the U.S. House and U.S. Senate and limit individual contributions to $100.00 per year.
Action needed:
We need to first establish the above Amendment to our Constitution. This is absolutely necessary because our Supreme Court has proclaimed that "money is speech" and "corporations are people" and therefore, in accordance with the Freedom of Speech provisions of our US Constitution, Corporations and wealthy individuals can contribute unlimited amounts of money to our US Senators and Representatives. The result is that their speech (which is money) speaks so extraordinarily loud that our Republican Senators and Representatives cannot hear (or totally ignore) anyone that disagrees with what the corporations and wealthy individuals persuade a majority of Republican Senators and Representatives to approve or reject certain proposed legislation. As a matter of fact, new legislation brought before our Senate and House of Representatives is very often written by the lobbyists bought and paid for by our corporations and certain wealthy individuals. So, we first need to create a situation that provides no more "volume" of speech (money) by the Republicans mentioned above than the "volume" (money) that is made available by most of us that are not wealthy; e.g., individuals that make less than $100,000 per year or couples that make less than $200,000 per year.
To sign the petition click on or paste into your browser: http://signon.org/sign/take-money-out-of-politics
July 28, 2012 4:15pm
I add my thanks! Many grassroots organizations are working to put a stop to this blow to our democracy. It is so nice to know there are a few in Congress that recognize what a huge travesty Citizens Untied was and how it is effecting our country and are willing to work to put a stop to it.
July 28, 2012 11:34pm
To be delivered to: The United States House of Representatives and The United States Senate:
We hereby petition The United States House of Representatives and The United States Senate to Amend the United States Constitution to prohibit all corporations from making contributions of any kind to members of the U.S. House and U.S. Senate and limit individual contributions to $100.00 per year.
Action needed:
We need to first establish the above Amendment to our Constitution. This is absolutely necessary because our Supreme Court has proclaimed that "money is speech" and "corporations are people" and therefore, in accordance with the Freedom of Speech provisions of our US Constitution, Corporations and wealthy individuals can contribute unlimited amounts of money to our US Senators and Representatives. The result is that their speech (which is money) speaks so extraordinarily loud that our Republican Senators and Representatives cannot hear (or totally ignore) anyone that disagrees with what the corporations and wealthy individuals persuade a majority of Republican Senators and Representatives to approve or reject certain proposed legislation. As a matter of fact, new legislation brought before our Senate and House of Representatives is very often written by the lobbyists bought and paid for by our corporations and certain wealthy individuals. So, we first need to create a situation that provides no more "volume" of speech (money) by the Republicans mentioned above than the "volume" (money) that is made available by most of us that are not wealthy; e.g., individuals that make less than $100,000 per year or couples that make less than $200,000 per year.
To sign the petition click on or paste into your browser: http://signon.org/sign/take-money-out-of-politics
July 28, 2012 12:02pm
Thank you, thank you, thank you, please keep fighting to regain our democracy. We have to overturn Citizens United and we have to have Campaign Reform and set limits on how much each candidate spends on campaigns and how long campaigns should be. It is embarrassing to see how our elected officials have misused their power and how they are putting the American People through the hell we are going through.
July 28, 2012 11:35pm
To be delivered to: The United States House of Representatives and The United States Senate:
We hereby petition The United States House of Representatives and The United States Senate to Amend the United States Constitution to prohibit all corporations from making contributions of any kind to members of the U.S. House and U.S. Senate and limit individual contributions to $100.00 per year.
Action needed:
We need to first establish the above Amendment to our Constitution. This is absolutely necessary because our Supreme Court has proclaimed that "money is speech" and "corporations are people" and therefore, in accordance with the Freedom of Speech provisions of our US Constitution, Corporations and wealthy individuals can contribute unlimited amounts of money to our US Senators and Representatives. The result is that their speech (which is money) speaks so extraordinarily loud that our Republican Senators and Representatives cannot hear (or totally ignore) anyone that disagrees with what the corporations and wealthy individuals persuade a majority of Republican Senators and Representatives to approve or reject certain proposed legislation. As a matter of fact, new legislation brought before our Senate and House of Representatives is very often written by the lobbyists bought and paid for by our corporations and certain wealthy individuals. So, we first need to create a situation that provides no more "volume" of speech (money) by the Republicans mentioned above than the "volume" (money) that is made available by most of us that are not wealthy; e.g., individuals that make less than $100,000 per year or couples that make less than $200,000 per year.
To sign the petition click on or paste into your browser: http://signon.org/sign/take-money-out-of-politics