Was watching the PBS show "Open Mind" where a Conservative lawyer and a Liberal Professor were debating the Citizen's United case. There were many interesting points made on both sides. The professor pointed out that Citizen's United opened up a secret conduit for corporations to fund candidates they wanted and was dangerous to free speech. The Lawyer pointed out that it was Liberals that wanted the non-disclosure loophole and it was an "unintended consequence" that people like Rove exploited it. He pointed out that Unions, George Soros and the ACLU use the very same method.
Then something interesting happened. The professor tried to point out that the use of money to pay for speech is action..not speech..and is not protected by the Constitution. He also had previously brought up that corporations were not protected as a collective entity but the press were.
The case he brought up was:
United States v. O'Brien - Wikipedia, the free encyclopedia
The lawyer's rebuttal was what I found pretty poignant. He did not want government interference with the free expression of ideas. He said that when governments around the world become involved in setting the limits of speech..the outcomes are usually pretty bad. What he suggested was that the accumlation of wealth was the problem and not the speech. Government does have the power to limit that through progressive taxation or eliminate the corporate entity itself...through anti-trust. While I've basically felt the same way..I never thought it quite in those terms.
That the accumlation of wealth is not protected by the United States Constitution.
And that came from the Conservative. I really miss that sort of thing. Intelligent conservative thought. Willam Buckley was a favorite of mine. So far no one really comes quite close.
Stripping select citizens of their wealth is not in the Constitution either. In fact the Constitution is clear that taxes must be uniform through out the Country. I would suggest that in fact progressive taxation is Unconstitutional by that requirement.
I know the argument is that tax tables are uniform for all that fall with in them but the underlying requirement that taxes must be uniform is violated. Progressive rates are NOT uniform. The man that makes 60000 is not required by the Federal Government to pay the same percentage on his earnings as the man that makes 1 million.
In fact before Federal Income tax the States paid the same percentage based solely on Population. THAT was uniform.
The Commerce clause may allow the Government the power to strip Corporations of their right to exist but it is NOT the intent of the power. It is to REGULATE trade and commerce, not prevent it.
The problem we have now is not the accumulation of wealth at all but the desire by many to TAKE what is not theirs for the supposed betterment of others. The problem we have now is the envy of those with less for the wealth of those with plenty.