Bfgrn
Gold Member
- Apr 4, 2009
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Tell you what, why don't you tell me what facts the court decided on that you think they got wrong. My guess is you have no idea what you are talking about, but I am willing to give you a chance to prove me wrong. Give it a shot.
I just did. Maybe you need an interpreter?
Read Justice Stevens's scathing dissent.
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Although this 2005 speech was before the Right wing robes manifesto, Bobby Kennedy Jr. hits the nail on the head.
There is nothing wrong with corporations. Corporations are a good thing. They encourage us to take risks. They maximize wealth. They create jobs. I own a corporation. They're a great thing, but they should not be running our government. The reason for that is they don't have the same aspirations for America that you and I do. A corporation does not want democracy. It does not want free markets, it wants profits, and the best way for it to get profits is to use our campaign-finance system -- which is just a system of legalized bribery -- to get their stakes, their hooks into a public official and then use that public official to dismantle the marketplace to give them a competitive advantage and then to privatize the commons, to steal the commonwealth, to liquidate public assets for cash, to plunder, to steal from the rest of us.
And that doesn't mean corporations are a bad thing. It just means they're amoral, and we have to recognize that and not let them into the political process. Let them do their thing, but they should not be participating in our political process, because a corporation cannot do something genuinely philanthropic. It's against the law in this country, because their shareholders can sue them for wasting corporate resources. They cannot legally do anything that will not increase their profit margins. That's the way the law works, and we have to recognize that and understand that they are toxic for the political process, and they have to be fenced off and kept out of the political process. This is why throughout our history our most visionary political leaders -- Republican and Democrat -- have been warning the American public against domination by corporate power.
This (Bush) White House has done a great job of persuading a gullible press and the American public that the big threat to American democracy is big government. Well, yeah, big government is a threat ultimately, but it is dwarfed by the threat of excessive corporate power and the corrosive impact that has on our democracy. And you know, as I said, you look at all the great political leaders in this country and the central theme is that we have to be cautious about, we have to avoid, the domination of our government by corporate power.
Teddy Roosevelt, a Republican, said that America would never be destroyed by a foreign power but he warned that our political institutions, our democratic institutions, would be subverted by malefactors of great wealth, who would erode them from within. Dwight Eisenhower, another Republican, in his most famous speech, warned America against domination by the military industrial complex.
Abraham Lincoln, the greatest Republican in our history, said during the height of the Civil War "I have the South in front of me and I have the bankers behind me. And for my country, I fear the bankers more." Franklin Roosevelt said during World War II that the domination of government by corporate power is "the essence of fascism" and Benito Mussolini -- who had an insider's view of that process -- said the same thing. Essentially, he complained that fascism should not be called fascism. It should be called corporatism because it was the merger of state and corporate power. And what we have to understand as Americans is that the domination of business by government is called communism. The domination of government by business is called fascism. And our job is to walk that narrow trail in between, which is free-market capitalism and democracy. And keep big government at bay with our right hand and corporate power at bay with our left.
That was the issue before the court. McCain Feingold specifically made it illegal for most corporations, and unions, to talk about political issues, but only during periods surrounding elections.
Want to try again?
I don't need to 'try again'. You need to learn how to comprehend.
Justice Stevens:
In the context of election to public office, the distinction between corporate and human speakers is significant. Although they make enormous contributions to our society, corporations are not actually members of it. They cannot vote or run for office. Because they may be managed and controlled by nonresidents, their interests may conflict in fundamental respects with the interests of eligible voters. The financial resources, legal structure, and instrumental orientation of corporations raise legitimate concerns about their role in the electoral process. Our lawmakers have a compelling constitutional basis, if not also a democratic duty, to take measures designed to guard against the potentially deleterious effects of corporate spending in local and national races.
The majority’s approach to corporate electioneering marks a dramatic break from our past. Congress has placed special limitations on campaign spending by corporations ever since the passage of the Tillman Act in 1907, ch. 420, 34 Stat. 864. We have unanimously concluded that this “reflects a permissible assessment of the dangers posed by those entities to the electoral process,” FEC v. National Right to Work Comm. , 459 U. S. 197, 209 (1982) (NRWC) , and have accepted the “legislative judgment that the special characteristics of the corporate structure require particularly careful regulation,” id. , at 209–210. The Court today rejects a century of history when it treats the distinction between corporate and individual campaign spending as an invidious novelty born of Austin v. Michigan Chamber of Commerce , 494 U. S. 652 (1990) . Relying largely on individual dissenting opinions, the majority blazes through our precedents, overruling or disavowing a body of case law including FEC v. Wisconsin Right to Life , Inc., 551 U. S. 449 (2007) (WRTL) , McConnell v. FEC , 540 U. S. 93 (2003) , FEC v. Beaumont , 539 U. S. 146 (2003) , FEC v. Massachusetts Citizens for Life , Inc., 479 U. S. 238 (1986) (MCFL) , NRWC , 459 U. S. 197 , and California Medical Assn. v. FEC , 453 U. S. 182 (1981) .
In his landmark concurrence in Ashwander v. TVA , 297 U. S. 288, 346 (1936) , Justice Brandeis stressed the importance of adhering to rules the Court has “developed … for its own governance” when deciding constitutional questions. Because departures from those rules always enhance the risk of error, I shall review the background of this case in some detail before explaining why the Court’s analysis rests on a faulty understanding of Austin and McConnell and of our campaign finance jurisprudence more generally . 1 I regret the length of what follows, but the importance and novelty of the Court’s opinion require a full response. Although I concur in the Court’s decision to sustain BCRA’s disclosure provisions and join Part IV of its opinion, I emphatically dissent from its principal holding.
I
The Court’s ruling threatens to undermine the integrity of elected institutions across the Nation. The path it has taken to reach its outcome will, I fear, do damage to this institution. Before turning to the question whether to overrule Austin and part of McConnell , it is important to explain why the Court should not be deciding that question.
Scope of the Case
The first reason is that the question was not properly brought before us. In declaring §203 of BCRA facially unconstitutional on the ground that corporations’ electoral expenditures may not be regulated any more stringently than those of individuals, the majority decides this case on a basis relinquished below, not included in the questions presented to us by the litigants, and argued here only in response to the Court’s invitation. This procedure is unusual and inadvisable for a court. 2 Our colleagues’ suggestion that “we are asked to reconsider Austin and, in effect, McConnell ,” ante , at 1, would be more accurate if rephrased to state that “we have asked ourselves” to reconsider those cases.
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Essentially, five Justices were unhappy with the limited nature of the case before us, so they changed the case to give themselves an opportunity to change the law.
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