Supreme Court Strikes Down Aggregate Campaign Contribution Limits

strangejosh

We Do Not Sow
@red
Joined
Jul 20, 2006
Messages
8,403
Reaction score
1
So nobody in the War Room is talking about this? Wow. Who would have thought?

So corporations are now people (except when it's disadvantageous to be) and money is speech. Who knew?

What the hell is going on with this country. Ugh.

http://online.wsj.com/news/articles/SB10001424052702303847804579477280434759494?mg=reno64-wsj&url=http%3A%2F%2Fonline.wsj.com%2Farticle%2FSB10001424052702303847804579477280434759494.html

WASHINGTON—The Supreme Court struck down caps on aggregate political contributions Wednesday, the latest in a string of decisions rolling back campaign finance regulations that the court's majority conservative justices believe infringe on First Amendment rights.

The 5-4 ruling threw out the limits, currently $123,200, on what any individual can give to federal candidates over a two-year election cycle. The plurality opinion, by Chief Justice John Roberts, said those caps infringe on free-speech rights and aren't justified by the public interest in fighting political corruption.

Still, the court left intact the limits on the amount an individual can give to specific candidates and political committees, currently $5,200 to a candidate for the primary and general elections, with higher limits to political committees. Chief Justice Roberts wrote that Congress's interest in fighting corruption doesn't justify the burden on political speech posed by aggregate limits.

While "Congress may regulate campaign contributions to protect against corruption" or its appearance, it "may not regulate contributions simply to reduce the amount of money in politics" or, as some put it, to level the playing field between wealthy forces and those of lesser means, Chief Justice Roberts wrote.

Political spending is a form of free speech, he said, and therefore any restriction of it must pass the highest constitutional scrutiny to survive. While many Americans "would be delighted to see fewer television commercials touting a candidate's accomplishments or disparaging an opponent's character" that can't justify restricting what an individual can spend to promote his or her political views, the chief justice wrote.

"If the First Amendment protects flag burning, funeral protests, and Nazi parades—despite the profound offense such spectacles cause—it surely protects political campaign speech despite popular opposition," Chief Justice Roberts wrote, joined by Justices Antonin Scalia, Anthony Kennedy and Samuel Alito.

The case was brought by Alabama businessman Shaun McCutcheon, who wanted to give more than the aggregate cap to Republican candidates and political committees. The Republican National Committee backed him, while Democratic groups and activists lined up on the other side, arguing the campaign regulation, which traces to the post-Watergate overhauls of the 1970s, was valid.

Justice Stephen Breyer read his dissent from the bench, signifying significant disagreement from the court's liberal wing. He said that the aggregate cap fights corruption by making it harder to circumvent the limits on contributions to individual candidates.

Justice Clarence Thomas voted with the majority, but wrote separately to say the chief justice's opinion didn't go far enough; he would strike down all restrictions on political contributions, to individual candidates as well as the aggregate cap at issue in Wednesday's case.

The decision, though long in coming since the oral arguments in October, was widely expected. Under Chief Justice Roberts, the court's conservative majority has issued a series of rulings striking down various campaign finance regulations for violating free-speech protections. Just as predictably, the four-justice liberal minority has pointedly dissented, suggesting that should the left gain a majority on the court, recent years' rulings rolling back campaign finance regulations might themselves be overruled.

For instance, in the 2010 case known as Citizens United, the justices voted 5-4 to invalidate limits on corporate and union political spending. The decision led to a rare spat between the executive and judicial branches, when President Barack Obama criticized the ruling during his State of the Union address, prompting visible irritation from Justice Alito, a member of the court majority then in the audience. Justice Alito has avoided the president's annual address ever since.
 
Last edited:
those caps infringe on free-speech rights and aren't justified by the public interest in fighting political corruption.

They aren't? Good to know we have people who are willing to make these kinds of complicated decisions for us.
 
Strange indeed. At least John McCain came out against it. There needs to bi-partisan support for a constitutional amendment imho.
 
Yeah, I saw it on the news...
The "little guy" doesn't mean squat anymore unless their vote is wanted.

"It's beating me down! I've got to get up! As jacked as it sounds... The whole system sucks, DAMNIT!"

-Michael Jackson - Scream.
 
I actually agree with Thomas here. If Bill Gates wants to donate $5 million to Clinton's 2016 campaign he should have the freedom to legally do so.
 
Corporations have been people for hundreds of years.

And of course money isn't speech. But money can be used to enhance your voice.
 
Btw, this isn't a very significant decision in regards to its immediate effects because:

1) It left untouched the limits on donations to individual candidates, and
2) Such limits, whether to the individual or a group of candidates, can already be legally circumvented by donating to PACs

The next big case will be specifically about limits to individual candidates; and several justices seem ready to do away with those too.
 
I can understand the reasoning from both sides. Something needs to be done about political corruption, I don't think McCain has any genuine interest in addressing it though. I think term limits could help.
 
Its official the US government has been bought.
Of course nobody will complain about it, because they are too busy screaming libtard or conservatard. Fucking Sheep.
 
Its official the US government has been bought.
Of course nobody will complain about it, because they are too busy screaming libtard or conservatard. Fucking Sheep.

Funny how you try to equate the sides here when it's very clearly the doing of just one side and heavily opposed by the other.


This false equivalency is ridiculous.
 
How do you instantly subvert a democracy and turn it into a functional plutocracy? Let unregulated, unlimited private monies flow into "the peoples'" representatives' campaign coffers.

We would see an almost instant and fairly revolutionary change in this country if we simply instituted exclusively publicly funded elections. But certain well-heeled parties do not want a majority of the nation's citizens to determine policy based on the best interests of the majority. Instead, it must be tyranny of the minority.
 
How do you instantly subvert a democracy and turn it into a functional plutocracy? Let unregulated, unlimited private monies flow into "the peoples'" representatives' campaign coffers.

We would see an almost instant and fairly revolutionary change in this country if we simply instituted exclusively publicly funded elections. But certain well-heeled parties do not want a majority of the nation's citizens to determine policy based on the best interests of the majority. Instead, it must be tyranny of the minority.

It is inevitable that all empires must fall. Sad because this experiment of ours in the US had so much potential.
 
They should rename 'contributions' to 'investments'. It would make more sense.
 
Corporations have been people for hundreds of years.

Corporations are 'artificial people' only when it benefits them. They are not 'artificial' people when it comes to anything bad happening to them. Banks come to mind.

This is not my quote but it about sums my feelings about corporations and rights.

"The Right wing SCOTUS judges should consider this: If they're going to grant ALL the same rights to corporations that REAL people have, then they MUST apply the same laws to corporations including the possibility of the death penalty(IE breaking up and dissolution), and the corporations MUST be subject to the same rates and conditions of taxation that individuals face."

And this.

http://www.theatlantic.com/politics/archive/2012/07/the-supreme-court-still-thinks-corporations-are-people/259995/

As a legal decision, the Citizens United opinion was remarkable in many ways -- in its willingness to overturn a century of jurisprudence, in its choice to issue as broad a ruling as possible rather than as narrow as the case and Constitution required, and in its reliance on minority or concurring views in prior decisions rather than the prevailing opinions in those same cases. As Justice Stevens pointed out in a striking dissent, nothing had really changed since prior controlling caselaw except the composition of the Court itself. So much for stare decisis.

But what stood out most about Citizens United was not the Court's legal reasoning, but its staggering naivete. As the Court confidently declared, "We now conclude that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption." And for skeptics who thought otherwise, the Court provided this additional assurance: "The appearance of influence or access, furthermore, will not cause the electorate to lose faith in our democracy."

Well, glad that's settled. Unfortunately, the five Justices who joined this opinion must be the last five Americans to feel that way. Certainly none of the evidence before the Court in Citizens United or the Montana case compelled a conclusion so at odds with reality.
 
I actually prefer unlimited donations (where we are likely headed) directly to candidates rather than where we are currently where so much money gets funneled through PACs. At least it might allow some more sunshine as it is fairly easy to see who is donating to candidates.

If we want this to change though, we will need a constitutional amendment. We could either limit the ways in which a corporation is treated as a "person" or we could specifically allow campaign money regulations.
 
Funny how you try to equate the sides here when it's very clearly the doing of just one side and heavily opposed by the other.


This false equivalency is ridiculous.

Your right Democrats do not take campaign contributions from any corporations.
 
This is disgraceful IMO. You'll need to be friends with a billionaire in order to gain public office.
 
and in other breaking news, water is wet.

how would this have changed anything anyway?
 
Back
Top