Citizens United

Yet Another Poll Shows Americans’ Frustration With Big Campaign Spending

 As the primaries for the 2016 elections get closer, we can expect to see the effects of big money in politics – the new normal after the 2010 Citizens United decision – in full force. Republican presidential candidate Jeb Bush has raised $114 million through both his campaign and Right to Rise, a super PAC backing him. With the Koch brothers alone already pledging to raise $889 million through their network of wealthy donors, it’s likely that this election’s expenditures will well exceed the over $1 billion spent in the 2012 federal elections. As a result, many Americans are fed up with this new campaign finance system.

 A Monmouth University survey released yesterday revealed that only 10 percent of Americans say that the influx of campaign spending post Citizens United has made the presidential nominating process better. Further, 42 percent expressed concern that the new campaign finance landscape makes it more likely that an unqualified or unserious candidate would be able to stay in the race longer.

 These statistics are hardly surprising. A New York Times poll showed that 85 percent of Americans think that the campaign finance system needs either “fundamental changes” or to be “completely rebuil[t].” In addition, three out of four Americans support a constitutional amendment that would limit campaign spending, and 5 million have signed a petition in favor of such an amendment. All around the country, Americans are organizing to let their legislators know that they’re tired of big money’s undue influence in their elections.

 “The public is starting to worry that the Wild West nature of campaign finance is damaging the way we choose presidential candidates,” said Patrick Murray, the polling institute’s director. 

 

 With the public standing strong against letting the wealthy few buy their elections, a national conversation about the harmful effects of Citizens United is taking place, blazing a trail for real reform.

PFAW

Bush Fundraising Numbers Illustrate The Problem of Big Money in Elections

 Earlier this week, Republican presidential candidate Jeb Bush released his fundraising amount for the upcoming elections. Right to Rise, a Super PAC backing the candidate, announced that it had raised $103 million in the last six months, while Bush’s campaign had raised $11.4 million in the two weeks since his announcement, bringing the fundraising total to a stunning $114 million, 17 months away from Election Day. For comparison, at this point in 2011, Restore our Future, a Super PAC supporting Mitt Romney, had raised only $12.2 million.

 These shocking figures demonstrate the growing influence of big money on our elections and political process. $1 billion was spent in the 2012 federal elections, and the Koch brothers alone vowed to raise at least $889 million in 2016 from other wealthy donors. Since the wealthy have policy views that are strikingly different from that of the rest of Americans, this new system has disturbing implications for the state of democracy in the U.S. A Princeton study found that the viewpoints of the bottom 90 percent of income earners have no significant effect on public policy.

 One particularly troubling aspect of the Right to Rise fundraising numbers is their definition of “small donors” as those who donated less than $25,000. The fact that the Super PAC considers $25,000 to be the cutoff for small donations raises questions of exactly how much the 500 who raised more than that amount donated.

 Most Americans agree that the campaign finance system has gotten out of hand. Three out of four Americans support a constitutional amendment that would allow Congress to set limits on campaign spending, and even presidential candidates such as Lindsey Graham, Bernie Sanders, and Hillary Clinton have stated their support for overturning  cases like Citizens United through a constitutional amendment.  With the American people so determined to maintain the integrity of our elections, a national conversation about the influence big money in politics is unfolding, laying a foundation for real reform in 2016 and beyond.

 

PFAW

Americans Push To Shed Light on Dark Money

 With outside contributions in the 2012 federal elections totaling $1 billion, and with the Koch brothers alone already pledging to spend $889 million from their political network in 2016, it’s no wonder 85 percent of Americans agree that the campaign finance system needs serious reform. A particularly disturbing aspect is the prevalence of “dark money,” or political spending by outside Super PACs and so-called social welfare groups with no disclosure requirements. In the 2014 elections, 31 percent of all independent campaign spending was from groups that had no obligation to disclose their donors.

 Despite deep concern from their constituents, Congress has been hesitant to take action against dark money being funneled into our elections. Though Senator Sheldon Whitehouse (D-RI) introduced the Disclose Act, which would require that all organizations disclose their political expenditures, Senate Republicans blocked the Senate majority from being able to vote on it.

 The American people haven’t given up just yet. 73 percent support a constitutional amendment that would allow lawmakers to limit political spending. Further, more than 550,000  have signed a petition urging President Barack Obama to issue an executive order requiring government contractors to disclose their political spending.

 Just this week, advocates for campaign finance reform experienced a major victory when the DC Circuit unanimously upheld the “pay-to-play” provision that bars federal contractors from donating to federal candidates and party committees. In addition, presidential candidates such as Bernie Sanders, Lindsey Graham, and Hillary Clinton have all expressed support for removing big money’s electoral influence. 

 “We have to stop the endless flow of secret, unaccountable money that is distorting our elections, corrupting our political process, and drowning out the voices of our people,” said Clinton in her kick-off campaign speech.

 The movement against dark money clouding our elections has experienced a momentous push as Americans demand a more transparent campaign finance system.

 

 

PFAW

New Hampshire Budget Battle Highlights How Big Money Affects Fiscal Policy

 In our current political landscape, moneyed interests frequently use their financial leverage to impact policy. For instance, Wall Street banks lobbied against a bill introduced by Sen. Elizabeth Warren that would help relieve students of their loan debt. For every dollar the fossil fuels industry spends on lobbying, it receives $103 in government subsidies. Now in New Hampshire, special interests are looking to change the state’s longstanding fiscal policy in their favor.

 New Hampshire Representative Timothy Smith credits the state’s ability to stay afloat financially without imposing a sales or income tax with its substantial business taxes, which bring in sizable amounts of revenue. However, that might change with the introduction of a bill by 13 Republican senators that would significantly lower the business tax, creating a hole of $90 million in the budget. Rep. Smith connected the introduction of this legislation to the fact that special interest groups, many of which would benefit from this change, spent over $900 thousand in New Hampshire’s legislative elections last year.

 Not surprisingly, New Hampshire residents are unhappy with the growing trend of big money influencing politics. Over two-thirds of the state’s voters believe that a constitutional amendment that would overturn decisions like Citizens United should be implemented. Sixty-nine state localities have passed resolutions calling for such an amendment, and over 120 small businesses are hosting Stamp Stampede stations, where patrons can stamp phrases like “not to be used for bribing politicians” on their bills.

 Rep. Smith co-sponsored a bill that called for an amendment to get big money out of politics, which passed in the New Hampshire House with bipartisan support. In addition, New Hampshire Governor Maggie Hassan dismissed the business tax reductions as “unpaid for tax cuts to big corporations” that would “put corporate special interest ahead of New Hampshire's families.” Officials in the state government are listening to their constituents’ concerns about the harmful effects of big money in politics.

 “Our constituents are trying to tell us something. They’re tired of their government serving lobbyists rather than citizens,” said Rep. Smith.

PFAW

States and Localities Fight Back Against Big Political Spending

Since the 2010 Citizens United decision, which opened the floodgates for record-breaking levels of election spending, Americans have pushed for a change. According to a recent New York Times poll, 85 percent of Americans agree that the campaign finance system needs reform, from “fundamental changes” to a “complete overhaul.” Now Americans are going to their state and local governments to spearhead efforts to get money out of politics. 

 Over 125 bills regarding campaign spending have been introduced in 33 statehouses in the last few months, even in the conservative stronghold Texas. Some of these efforts have been bipartisan; Montana’s Democratic governor Steve Bullock collaborated with a Republican-controlled legislature to pass a bill that requires nonprofit “social welfare” groups to disclose their political spending.

 “When somebody's hiding in the shadows and gut-shoots you, you have a right to know who's taking a shot at you,” said Republican Montana state senator Duane Ankely.

  Americans are already working to fix the problem of big money in politics. More than 150 organizations have supported the Unity Statement of Principles which articulates the values underlying key solutions to ensure a democratic system of government where everyone’s voice is heard, everyone follows the same set of rules, and where everyone is held accountable. One important solution to the problem of big money’s influence in politics is a constitutional amendment that would overturn the Supreme Court decisions like Citizens United and let the American people establish reasonable limits on election spending.

  Sixteen states and more than 650 cities have passed resolutions urging Congress to adopt such an amendment. Activists in twelve states recently delivered petitions to their members of Congressmen asking them to support the amendment, and with 311,950 local petitions were delivered to district offices in California alone. Further, nearly three in four Americans support implementing a constitutional amendment. Presidential candidates, such as Hillary Clinton, Bernie Sanders, and even Republican Lindsey Graham, have all spoken in favor of campaign finance reform. The movement to get money out of politics already enjoys bipartisan support at all levels of government, and the stage is set for even more momentum, particularly around an amendment, moving into 2016.

PFAW

Reuters Report: Voters Won't Let Billionaires Buy the Next Election

 With the 2016 national elections upcoming, wealthy donors supporting both parties are gearing up to throw hundreds of millions of dollars into the races; billionaires David and Charles Koch have already pledged to spend $889 million. But a report from Reuters shows that Americans, frustrated by the overwhelming influence of big money in politics, are organizing to fight back.

 In the Philadelphia mayoral race, three billionaires spent $7 million to elect Anthony Hardy Williams. In response, unions and community groups rallied around his challenger, Jim Kenney, organizing a march to stop the wealthy donors from “buying [their] next mayor.” Technological developments are making such organization easier: the creators of Crowdpac, an app that lets entrepreneurs gather funding towards donations, say that they want the app to be used to organize small donors to counteract the effects of billionaire spending.

  This is reflective of a wider trend in public opinion. Americans are sick of letting big money influence their elections; 84 percent say that money has too much influence in political campaigns today and nearly 3 in 4 Americans support a constitutional amendment to overturn the Citizens United decision and limit campaign spending.

“There's growing public awareness about rich people trying to buy elections and that makes the task of winning all the more difficult," said Darrel West of the Brookings Institute.

  Americans have organized at all levels of government to get big money out of politics. Activists have held rallies and marches devoted to the cause and demanded that their representatives in Congress take steps to reduce big money’s influence. Five million of them have signed a petition calling for a constitutional amendment to limit the amount of money spent in politics. Sixteen states and more than 650 cities have already called for an amendment.

 President Obama is on board, and presidential candidates like Hillary Clinton, Lindsey Graham, and Bernie Sanders have expressed support for a constitutional amendment. Clinton and Sanders have also emphasized the importance of nominating Supreme Court Justices who would restore balance to the Supreme Court and restore the American people’s ability to impose reasonable limits on money in politics.

  The movement against big money in politics is gaining momentum as the election nears.

 

PFAW

Scalia and Roberts Don’t Know Best: Here’s How We Take Our Politics Back from Reactionary Court and Billionaire Donors

This piece, by PFAW Senior Fellow Jamie Raskin, was originally published by Salon.

If you take away Prohibition (the 18th Amendment) and its repeal (the 21st), most of our constitutional amendments since the original Bill of Rights have expanded the voting rights and political equality of the people.

Our post-Reconstruction amendments have abolished slavery (the 13th), provided for equal protection of the laws and required reduction of states’ congressional delegations if they disenfranchise eligible voters (the 14th), denied states the power to discriminate in voting based on race (the 15th) and shifted the mode of election of U.S. Senators from the legislatures to the people (the 17th). They have passed woman suffrage (the 19th), given residents of the federal district the right to vote and participate in presidential elections by casting electors (the 23rd), abolished poll taxes in federal elections (the 24th) and lowered the voting age to 18 (the 26th).

Moreover, many of these amendments have directly responded to Supreme Court decisionsdenying the political rights of the people.  For example, the 19th Amendment overturned the Court’s decision in Minor v. Happersett (1875), which held that Equal Protection did not protect the right of women to vote, affirming precedents finding that women’s proper place is in the domestic sphere.  Similarly, the 24th Amendment banning poll taxes in federal elections overturned the Court’s 1937 decision in Breedlove v. Suttles upholding such taxes.

But if you listened only to some of my colleagues in the legal establishment, you might never know that our unfolding Bill of Rights is a dynamic chronicle of the democratic struggles of the people for participatory political equality nor would you know that the people have often had to override reactionary decisions of the Supreme Court in the process.

A lot of lawyers today react with horror to U.S. Reps. Marc Pocan and Keith Ellison’s excellent push for a constitutional amendment to establish an affirmative and universal right to vote against recurring state efforts to disenfranchise people.  And a lot of academics were aghast last summer when every Democratic United States senator supported a constitutional amendment to reverse Citizens United, McCutcheon v. FEC (2014) and Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett (2011).

The amendment, backed by the vast majority of Americans and a surging national campaign that 16 states and more than 650 cities and towns have joined, would restore the people’s power to stop CEOs from spending corporate treasury wealth on political races, to impose reasonable campaign finance limits such as caps on aggregate contributions, and to develop public financing laws with matching grants that help empower poorer candidates to be heard over the roar of big money.

Yet we are constantly invited to believe that, however much big money comes to dominate our politics and control public policy, we must never touch our Constitution. It must be hidden away in the attic where it will be tended by wise Supreme Court justices and law professors who know that the people’s constitutional values will always be inferior to those of the judiciary and the experts.  This attitude betrays our progressive democratic heritage and Thomas Jefferson’s important warning:

Some men look at constitutions with sanctimonious reverence, and deem them like the arc [sic] of the covenant, too sacred to be touched. They ascribe to the men of the preceding age a wisdom more than human, and suppose what they did to be beyond amendment . . . . But I know also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times.

The country’s most prolific voting rights scholar and blogger, Richard Hasen—a colleague and friend of mine—is the most recent legal academic to pour cold water all over the movement for a constitutional amendment to rebuild the statutory wall protecting democratic elections from the flood of plutocratic and corporate wealth.  This is the wall that has been mostly demolished by the Roberts Court in both Citizens United and the McCutcheon decision.

While Citizens United turned every corporate treasury in the country into a potential political slush fund, McCutcheon wiped out all aggregate limits on federal campaign contributions so that tycoons can now max out to every incumbent Member of Congress–plus all their opponents!  The top half of the top 1 percent can now pretty much bankroll all federal campaigns, which is one reason why run-of-the-mill Republican millionaires and bundlers are complaining to the Washington Post that they have been bypassed in the nation’s wealth primary by “multi-multimillionaires and billionaires.” The bottom half of the top 1 percent is getting a sense of what it is like to be a political spectator in the country’s exclusionary wealth primary.

The Post also reports that public anxiety about plutocracy is becoming a key issue in the presidential election—not just among Democratic activists for whom it is “red meat,” according to Professor Hasen, but for Republicans and Independents too—pretty much everyone who lacks the strategic advantages of Sheldon Adelson and the Koch brothers. Earlier this month, Republican Sen. Lindsey Graham also pointed to the need for a constitutional amendment to fix the damage done by Citizens United.  Indeed, if you don’t think the accelerating takeover of our politics by big money affects public policy in the real world, you may or may not be an academic, but you are definitely too innocent to be let out of the house by yourself.

In launching her 2016 campaign, Democratic presidential candidate Hillary Clinton declared a “big fight” to fix “our dysfunctional political system” by getting “unaccountable money out of it once and for all, even if it takes a constitutional amendment,” and I say good for her. Given Clinton’s legislative and political experience and her own prodigious navigation of our money politics, she obviously knows how the Roberts Court’s magical transformation of for-profit business corporations into political membership groups has completely distorted politics in the Citizens United era.  Of course, some of the Republican presidential candidates are charging her with hypocrisy for seeking to change the plutocratic political system that shapes her campaign, along with everyone else’s, and sullies everyone who touches it.  But this is predictable and pedestrian.  The nihilistic enemies of reform prefer nothing systemic to change just so long as they can keep denouncing Hillary Clinton.

Thankfully there is no talk of hypocrisy in Hasen’s critique, but still all Clinton gets from him is a lot of negative energy.  First, he faults her for not trying to fix “the nation’s disclosure laws,”  which is strange because she supported the Disclose Act, which U.S. Rep. Chris Van Hollen introduced and which Republicans killed, and she has always championed disclosure.  It is also strange because Clinton is clearly treating a constitutional amendment as a last resort in a struggle against a runaway faction of five plutocrats on the Supreme Court.  If I am reading her correctly, Clinton wants unaccountable corporate money—which is now spent by CEOs in our political campaigns on a secret basis and without any consumer, shareholder or citizen control over it—to be subject to public regulation “even if it takes” a constitutional amendment. That doesn’t sound so reckless to me.

For Hasen, it seems sufficient to work for years or decades to mandate disclosure of the billions of dollars in corporate money coursing through the veins of the body politic, and then leave things at that.  He is afraid that actually restoring the power of Congress to impose “reasonable” and viewpoint-neutral limits on corporate political expenditures would be subject to an effective judicial veto through reinterpretation by “a conservative majority on the Roberts Court” and therefore useless.  Well, it is also the case that the addition of the words “equal protection” to the Constitution were effectively nullified through reinterpretation by a Jim Crow Supreme Court between Plessy v. Ferguson (1896) and Brown v. Board of Education(1954).  But does that make passage of the Fourteenth Amendment a bad idea?  The Supreme Court has been a conservative and reactionary institution for most of our history, but that is precisely the reason for the people to write our Constitution in a way that advances and protects strong democracy. Having the right constitutional language in place may not be sufficient to constrain the reactionary elitism of the Supreme Court, but it is certainly necessary.

If we just wait around for new justices to change things and fail to directly engage this constitutional question in the public arena, we can expect to see the few remaining bricks of campaign finance law flattened by the Right and the Court, including base limits on individual  contributions, the Tillman Act’s century-old ban on corporate contributions to federal candidates, the rules against “coordinated expenditures” between candidates and independent spenders, and the limits in 29 states on making campaign contributions during legislative sessions–all of them clearly at odds with the absolutist dogmas of the Right: that political money is political speech, that business corporations are First Amendment-protected political (and religious!) associations, and that the only kind of political corruption we can acknowledge and regulate are quid pro quo transfers tantamount to bribery.

But Hasen, finally, calls a constitutional amendment a “political nonstarter” because of the difficulties of passage.  But here he ignores not only the success that popular movements have had in inscribing democratic values in the Constitution throughout our history, but also the way that serious constitutional movements can reshape the terrain of American politics with or without final passage and ratification.  For example, the heroic movement for the Equal Rights Amendment in the 1970s not only led to widespread adoption of state constitutional amendments and significant federal statutory changes advancing the equal rights of women but also helped shock the Supreme Court into action to apply “heightened scrutiny” to official gender-based discrimination under Equal Protection doctrine.  Constitutional movements can change the mind of the Court.

Whether or not we summon up the two-thirds of Congress and three-fourths of the states needed to pass a strong new anti-plutocracy amendment, the movement for such an amendment is essential to change the degraded assumptions of the Citizens United era.  It will open up space for revival of the Disclose Act, for consideration of the “Shareholders United” legislation that I and other legislators have been advancing at the state level, for progress for small-donor plans like Congressman John Sarbanes’ Government By the People Act, and for an honest debate about Citizens United, which turned on its head two centuries of conservative understanding of what a corporation is.

Even if the best we can hope for is some modest new disclosure rules and a few new Supreme Court justices who tilt towards democracy over plutocracy, as Hasen advises Hillary Clinton, these outcomes are far more plausible and likely with a lively popular constitutional movement on the ground than the defeatist attitude that the Supreme Court always knows best.

PFAW

How Big Money In Politics Is Making It Harder For Criminal Defendants To Get A Fair Trial

When the Supreme Court struck down limits on outside spending in elections in the 2010 Citizens United case, critics pointed to a potentially huge public policy impact in issues ranging from environmental protection to tax policy to health care to voting rights.

But one impact of Citizens United has gone without as much public discussion as it deserves: It’s making it harder for criminal defendants to get a fair trial.

Last fall, the American Constitution Society released a report by two Emory University law professors illustrating that the big spending that Citizens United let loose in state judicial elections created a climate in which elected judges were more reluctant to side with defendants in criminal cases.

Joanna Shepherd and Michael S. Kang found that outside groups seeking to influence judicial elections — usually for reasons unrelated to criminal justice policy — often relied on “Willie Horton” style attack ads implying that targeted judges were “soft on crime.” The proliferation of outside spending and the attack ads that the spending bought, they found, correlated with a decrease in the frequency with which elected state appellate judges ruled in favor of defendants in criminal cases.

“Unlimited independent spending is associated with, on average, a seven percent decrease in justices’ voting in favor of criminal defendants,” they wrote. “That is, the results predict that, after Citizens United, justices would vote differently and against criminal defendants in 7 out of 100 cases.”

Shepherd discussed her findings yesterday at a panel convened by ACS, along with retired Montana Supreme Court Justice James Nelson, the National Association of Criminal Defense Lawyers’ Norman Reimer and Tanya Clay House of the Lawyers’ Committee for Civil Rights Under Law.

Nelson, who was on the Montana Supreme Court when it famously ruled that Citizens United didn't apply to that state's unique history of corruption (Nelson dissented, saying the high court’s ruling applied to Montana, but took the opportunity to demolish the decision while he was at it), said he had lived first-hand the impact of big money in judicial races.

“The fact of the matter is that is when justices running for political office are attacked during their campaigns, it forces them to look over their shoulder constantly,” he said. “And I can tell you that from personal experience. You have to fight to make yourself vote the way the law requires you to vote. And most judges do. But it’s in these marginal cases where there’s a close call and perhaps the case should go to a defendant, it doesn’t go to the defendant.”

The groups spending money on judicial attack ads, he said, “really don’t give a damn about defendants’ rights. They really don’t care. What they want to do is to get somebody onto a court who marches in lockstep with their philosophy, or get somebody off the court that does not march in lockstep with their philosophy.”

Reimer sounded a similar note: “The fight is really about commercial interests. It’s usually about the plaintiffs’ bar versus the corporate interests, the unions, the conservatives. It’s about nothing to do with criminal justice. But because of the fear factor, that’s where you go after somebody.”

“I think we all need to understand and appreciate what’s really at risk here,” Nelson said. “And what’s really at risk is the fair, independent and impartial judicial system that most citizens in this country, and I think most lawyers in this country, simply take for granted. And if the dark money flows from Super PACS and the Koch brothers and RSLC and groups like them get control of the judiciary … That’s what this is all about: getting control of the third branch of government. If they get control of that third branch by spending their way to the top, then we’re going to lose that fair, impartial and independent judiciary that we’ve all come to expect and rely upon. Certainly criminal defendants are going to suffer immeasurably.”

Clay House pointed out that there is already “a different perception of the criminal justice system and judiciary among communities of color.” Pew found in 2013 that 68 percent of black Americans said they were “treated less fairly than whites” in the courts, while the majority of whites were oblivious to racial disparities in the criminal justice system.

Unchecked spending in judicial elections, the evidence shows, may be making that perception, and the reality, even worse.

PFAW

PFAW Member Telebriefing: Preview of Upcoming PFAW Foundation Report, The Supreme Court in the Citizens United Era

Yesterday, PFAW Foundation Senior Fellow Jamie Raskin previewed his upcoming report, The Supreme Court in the Citizens United Era, during a member telebriefing. Executive Vice President Marge Baker and Senior Legislative Counsel Paul Gordon also joined the call to answer questions from members and discuss PFAW efforts to promote fair and just courts. Drew Courtney, Director of Communications for PFAW, moderated.

To kick off the call, Raskin reviewed another period during which the Court granted unprecedented constitutional rights to corporations. Lochner v. NY, Raskin explained, began an era in which government at every level was prevented from interfering with corporate contracts—and thereby prevented from passing sensible health and safety regulations.

Today, said Raskin, we’re in an analogous period, with the Supreme Court now using the First Amendment as an excuse for expanding or inventing the political and religious rights of corporations. This time, it’s beyond what we’ve ever seen before; the Citizens United and the Hobby Lobby cases both demonstrate how the Court is putting the interests of corporations over the rights of people and making it more difficult to hold corporations accountable for their actions. Other cases allow corporations to insulate themselves through a host of legal immunities while at the same time, they’re able to spend unlimited amounts of money  influencing who gets elected to office.

In responding to a question from a PFAW member, Baker outlined the two key ways to fight the Court’s trend of empowering corporations over people: Elect Presidents who will nominate, and Senators who will confirm, Justices who share the ideology that corporations shouldn’t be favored in their legal rights over people; and amend the Constitution, which PFAW and other groups are working on now. She also directed PFAW members to www.united4thepeople.org and www.getmoneyoutaction.org to get more involved in these issues.

You can listen to the full telebriefing here:

PFAW Foundation

Louisville Activists Protest McConnell's Vote Against Amendment to #GetMoneyOut

On Friday, PFAW members and local activists came out to Sen. Mitch McConnell’s West Louisville campaign office to hold him accountable for his support of big money in politics and for voting against the Democracy For All Amendment during this week’s Senate vote.

The rally included PFAW Regional Political Coordinator Scott Foval, along with MoveOn Council’s Ann Hardman, University of Louisville’s College Democrats President Connor Allen, and local activist Bonifacio “Flaco” Aleman. Activists had a giant “King Mitch” holding fake money and signs saying “Money Is Not Speech” and “Mitch: Go Filibuster Yourself!” and more.

McConnell led the fight to block the Democracy for All Amendment during Senate debates this week. As a leading voice against efforts to get big money out of elections, McConnell has fought hard for years to protect billionaires’ and millionaires’ influence in our elections instead of protecting the average Kentuckian’s interests.

This rally along with over 15,000 signatures on a petition delivered to McConnell last week should make it clear to “King Mitch” that Kentuckians support an amendment to overturn decisions like Citizens United and #GetMoneyOut. Polling also shows that three in four voters support the measure nationally.

There were not sufficient votes to pass the proposed amendment this week, but a majority of the Senate did vote on Thursday in support of the Democracy for All Amendment despite “King Mitch’s” best efforts.
 

PFAW

PFAW and Allies Rally, Deliver 3 Million Petitions in Support of Amendment to #GetMoneyOut

On Monday afternoon People For the American Way joined partner organizations, Senators, and Representatives in a rally outside the U.S. Capitol in support of the Democracy For All Amendment to overturn decisions like Citizens United and get big money out of politics. As the Senate begins debating the measure, PFAW and ally organizations teamed up to deliver more than three million petitions in support of an amendment.

The rally was kicked off by People For the American Way Executive Vice President Marge Baker (pictured speaking above) and Public Citizen President Robert Weissman. Speakers included Sen. Tom Udall (N.M.), Sen. Bernie Sanders (Vt.), Sen. Sheldon Whitehouse (R.I.), Sen. Amy Klobuchar (Minn.), Sen. Al Franken (Minn.), Rep. Ted Deutch (Fla.), and Rep. Jim McGovern (Mass.) Rally footage was featured on The Last Word with Lawrence O’Donnell and in the Huffington Post.


Sen. Tom Udall (N.M.)


Sen. Bernie Sanders (Vt.)


Sen. Sheldon Whitehouse (R.I.)


Sen. Amy Klobuchar (Minn.)


Sen. Al Franken (Minn.)


Rep. Ted Deutch (Fla.)


Rep. Jim McGovern (Mass.)

At the rally, PFAW Executive Vice President Marge Baker said, “Today, more money than ever is flooding our democracy. But something else is also happening: everyday Americans are fighting back. Americans are no longer willing to settle for elections auctioned to the highest bidders.” You can watch her speech here.

The massive number of petitions delivered is just one of many indicators of the broad support for an amendment to get big money out of politics. Sixteen states, more than 550 cities and towns, and public figures including former Supreme Court Justice John Paul Stevens and President Barack Obama have already voiced support for an amendment. Recent polling found that nearly three in four voters (73 percent) favor it.

Organizations contributing petitions included People For the American Way, MoveOn.org, CREDO, Daily Kos, Public Citizen, Public Change Campaign Committee, USAction, Common Cause, Democrats.com, Free Speech For People, Coffee Party, Center for Media and Democracy, Brave New Films, Progressive Democrats of America, Sierra Club, US PIRG, Communications Workers of America, Wolf PAC, Move to Amend, Food and Water Watch, Corporate Accountability International, Greenpeace, Public Campaign, the American Association of University Women (AAUW), the League of Conservation Voters, and the Story of Stuff Project.

Get more information on PFAW’s Government By the People work here.

PFAW

Louisville PFAW Activists Deliver Petitions Supporting Democracy For All Constitutional Amendment to Mitch McConnell


On Wednesday, PFAW activists in Kentucky joined other activists representing ally organizations in delivering petition signatures to Sen. Mitch McConnell’s state office calling for amending the Constitution to overturn cases like Citizens United and get big money out of politics. Nationally, more than three million Americans have signed such a petition.

The delivery comes days before the Senate is set to vote on the Democracy for All Amendment (S.J. Res 19), a joint resolution that would amend the Constitution to overturn Citizens United and related cases. An overwhelming majority of Americans oppose the Supreme Court’s rulings opening the floodgates to unlimited money in our elections, with sixteen states and over 550 cities formally demanding that Congress vote to pass a constitutional amendment to allow common sense campaign finance rules to be enacted.

The event in Louisville is part of a nationwide push to make the Democracy for All Amendment our Constitution’s 28th Amendment. Rallies and petition deliveries also occurred in the state offices of nine other senators throughout the country.

PFAW

Kentucky PFAW Members Protest McConnell in Zombie Fashion

This Friday, PFAW members joined allies at two events in Louisville to hold Sen. Mitch McConnell accountable for his support of big money in politics.
 
On Friday evening, hundreds of PFAW members and other local activists joined the world’s largest annual Zombie Walk dressed as #ZombieMitch to highlight his zombie-like support of big money in politics. Activists marched with McConnell masks and signs including “Mitch McConnell is a zombie for big money in our elections” and “Need… more… brains money!” Some of the zombies attending the main event told PFAW members that the McConnell zombies were the “scariest thing I’ve seen all night.”

Earlier that day, members and allies met in front of the local GOP headquarters for a rally organized by MoveOn.org. Activists gathered in response to the tapes leaked last week that caught McConnell speaking at a secret meeting hosted by the Koch brothers. Check out the recordings here.

Sen. McConnell is a leading voice against efforts to get big money out of politics, fighting against a proposed constitutional amendment that would overturn decisions like Citizens United, despite the fact that three in four voters support the measure. For years he has been fighting hard to protect billionaires’ and millionaires’ influence in our elections. The turnout of supporters at both of these events shows that the people of Kentucky are tired of Sen. McConnell’s love of big money in politics.

PFAW

Barney Frank: This Year’s Midterm Elections Define Our Courts

In an op-ed printed in the Portland Press Herald this weekend, retired congressman Barney Frank offers a sharp critique of the far right Supreme Court under John Roberts. Explicitly noting the importance of the Court in defining law that affects all citizens, Frank makes clear not only that courts matter, but everyday citizens have a hand in how these courts are shaped.

Reviewing the impact of recent Supreme Court decisions — from overturning “more than 100 years of federal and state efforts to regulate the role of money in campaigns” to declaring that corporations have the right to religious freedom under RFRA—Frank states that “the court has ended this term with a barrage against laws it does not like” (emphasis added).

He continues,

…The Supreme Court is now strongly inclined to impose conservative ideology via Constitutional interpretation on a broad range of public policy. It is true that Kennedy and to some extent Roberts occasionally deviate from this, but Justice Samuel Alito has surpassed even Justices Antonin Scalia and Clarence Thomas in his ideological purity.

The relevance of this to the next two elections is very clear. Four of the sitting justices are in their late 70s or older. This means that there is a strong possibility that President Obama will have a chance to appoint another justice before his term expires, but his ability to do so will be determined not simply by the health of the justices in question, but by the composition of the U.S. Senate. The increasing partisanship in the Senate, the continued virulent influence of the tea party and recent history strongly suggest that even if a vacancy occurs, Obama will be prevented from filling it (emphasis added).

Frank refers to the unceasing Republican obstructionism and argues courts are critical for defining laws that affect Americans on a daily basis, highlighting the importance of this year’s midterm elections. As he concludes in this piece,

This makes it highly likely that among the issues that will be determined in the next senatorial and presidential election will be the ideological makeup of the Supreme Court. Voters should act accordingly.

PFAW

Unpacking Hobby Lobby & Other SCOTUS Decisions: PFAW Member Telebriefing

Yesterday, People For the American Way members participated in a special telebriefing to discuss the Supreme Court term that wrapped up this Monday and to unpack some of the critical decisions handed down by the Court this year. The call, which was kicked off by PFAW President Michael Keegan and moderated by Director of Communications Drew Courtney, featured Senior Fellows Jamie Raskin and Elliot Mincberg, as well as Executive Vice President Marge Baker.

Discussing Burwell v. Hobby Lobby, Raskin explained the case and the damaging implications of the 5-4 decision. Highlighting the “extreme and extravagant” claim made by Hobby Lobby that its religious rights were violated, Raskin described the court’s decision that the Religious Freedom Restoration Act covers “closely held” corporations and noted that this creates a “dangerous expansion of corporate personhood.” Raskin described how this exemplifies the Court in the Citizens United era, where the far right Justices regularly find ways to rule so they can enhance the power of corporations.

Mincberg also provided background on RFRA and explained how the law was distorted and expanded in this decision far beyond what anyone had in mind when it passed by an enormous bipartisan majority 20 years ago.

Members wanted to know what actions can be taken to help address the imbalance in the Court and the troubling decisions made by the Roberts’ Court in the last few years. Baker addressed the issue of rebalancing the Court, emphasizing the importance of presidential elections on the Court’s make-up.

The telebriefing also covered the recent decisions in McCullen v. Coakley, NLRB v. Noel Canning, and Harris v. Quinn, underscoring the Court’s decisive move to the right.

Listen to the full audio of the telebriefing for more information.

 

PFAW

"Citizen Koch" Premieres Nationwide (And We Highly Recommend It!)

All around the country, the important film "Citizen Koch" is premiering in cities large and small. Find a screening near you!

The movie tracks the effects of the Supreme Court’s Citizens United ruling that lifted a century-long ban on corporate election spending by looking at the standoff in Wisconsin between state employees and GOP Governor Scott Walker. During his election and recall campaigns, Walker was bankrolled by billionaire brothers David and Charles Koch, demonstrating the torrent of unlimited, anonymous political spending by corporations and billionaires that was unleashed through this Supreme Court decision. As the film follows this story, it also shows the fracturing of the Republican Party and proves how Citizens United fundamentally changed how our democracy works.

After a successful Kickstarter campaign to raise funding, and even losing its public television distributor, the movie finally comes to theatres this summer. The process that led to it being pulled from public television airwaves illustrates exactly what “Citizen Koch” depicts—that money buys not only action, but also silence. As Buddy Roemer, whose presidential run is chronicled in the film, stated, “Sometimes it's a check. Sometimes it's the threat of a check. It's like having a weapon. You can shoot the gun or just show it. It works both ways.”

People For the American Way hosted the DC premiere of the documentary film “Citizen Koch” at the Washington’s West End Cinema Friday night to a sell out crowd. Friday’s premiere was followed by a panel discussion with one of the documentary’s Academy Award-nominated filmmakers Tia Lessin, along with PFAW’s director of outreach and partner engagement Diallo Brooks and PFAW president Michael Keegan. After the screening, the audience participated in a question and answer session on the effects of big money in politics and what different organizations and mobilized citizens are doing to reverse the effects of Supreme Court decisions like Citizens United and McCutcheon.

 

PFAW

America's History of Amending the Constitution to Expand Democracy (And Overturn the Supreme Court)

The 28th Amendment would overturn cases like Citizens United and enhance political democracy and the First Amendment.
PFAW Foundation

45 Senators Support Amendment Strategy to Get Money Out of Elections

45 US Senators now support a constititutional amendment to undo the harm of decisions like Citizens United and McCutcheon. Do yours?


State Senator

Alaska

Sen. Mark Begich

California

Sen. Barbara Boxer

California Sen. Diane Feinstein
Colorado Sen. Michael F. Bennet
Colorado

Sen. Mark Udall

Connecticut Sen. Richard Blumenthal
Connecticut Sen. Christopher Murphy
Delaware

Sen. Thomas R. Carper

Delaware Sen. Christopher A. Coons
Hawaii Sen. Mazie K. Hirono
Hawaii Sen. Brian Schatz
Illinois Sen. Richard Durbin
Iowa Sen. Tom Harkin
Maine Sen. Angus S. King, Jr.
Maryland Sen. Benjamin L. Cardin
Maryland Sen. Barbara A. Mikulski
Massachusetts

Sen. Edward J. Markey

Massachusetts Sen. Elizabeth Warren
Michigan

Sen. Debbie Stabenow

Minnesota Sen. Al Franken
Minnesota Sen. Amy Klobuchar
Montana Sen. Jon Tester
Montana Sen. John E. Walsh
Nevada Sen. Harry Reid
New Hampshire Sen. Jeanne Shaheen
New Jersey Sen. Cory A. Booker
New Jersey Sen. Robert Menendez
New Mexico Sen. Tom Udall
New Mexico Sen. Martin Heinrich
New York Sen. Charles E. Schumer
New York Sen. Kirsten Gillibrand
North Carolina Sen. Kay Hagan
North Dakota Sen. Heidi Heitkamp
Ohio Sen. Sherrod Brown
Oregon Sen. Ron Wyden
Oregon Sen. Jeff Merkley
Rhode Island Sen. Jack Reed
Rhode Island Sen. Sheldon Whitehouse
South Dakota Sen. Tim Johnson
Vermont Sen. Patrick Leahy
Vermont Sen. Bernard Sanders
Washington Sen. Patty Murray
Wisconsin Sen. Tammy Baldwin
West Virginia Sen. Joe Manchin
West Virginia Sen. John D. Rockefeller, IV

For more elected officials who support an amendment, visit United4thePeople.org.

PFAW

Thanks to the Roberts Court, “Big Money” in Our Elections Is Only Getting Bigger

2014 is looking to be a bumper year for election spending. After the Citizens United ruling in 2010, that year’s midterms became a test case for how the newly-minted Super PACs and newly-empowered “dark money” groups would use their strength. They must have liked what their spending bought them, because this year they are back with a vengeance.

According to Open Secrets, spending by outside groups as of May 6th in this election cycle has approximately tripled from the amount outside groups spent in the same time period leading up to the 2010 midterms (leaping from $16.6 million in 2010 to $72.7 million in 2014). In 2006, this number was $2.5 million – that’s a twenty-nine-fold increase in just two midterm cycles.  At this rate, outside spending on this year’s midterms is set to far outpace even outside spending in the 2008 presidential election cycle.

The influence of outside spending groups has increased so much that in some races they are spending far more than the candidates themselves. Forty-nine percent of all election spending on this year’s midterms so far has come from outside spending groups. In hotly contested races, the proportion is even higher. In the North Carolina U.S. Senate race – which is the most expensive so far this cycle – 90 percent of all spending has come from outside groups, 58 percent of which are “dark money” groups not required to disclose their donors like Super PACs do.

The new era of “big money” election spending disproportionately benefits conservative candidates. Seventy-two percent of donors who had maxed out their aggregate contribution limits before the Supreme Court struck down those limits in April had contributed only to Republicans. Forty-five percent of these donors were in the finance industry.  In addition, Americans for Prosperity, the Koch brothers-linked “dark money” group, accounts for nearly one third of all independent expenditures on television advertising so far in this election cycle. 

In the wake of the Supreme Court’s McCutcheon decision, just as reformers predicted, the Republican Party is forming “super joint fundraising committees” that pool large checks from big donors and – now unrestrained by aggregate contribution limits – redirect that money to long lists of candidate campaigns.

The consequences of the influx of “big money” into our elections are clear for the vast majority of Americans who can’t afford to write large check to candidates: they’re being squeezed out of the process. According to the Brennan Center, in current “high-dollar” federal races, only nine percent of funds have come from donations of $200 or less.

Simply put, these trends are disturbing. Even before Citizens United, it was becoming clear that money played an outsized role in our politics. The continued ability of corporations, special interests and wealthy individuals to spend limitlessly on elections calls into question the health of our democracy. The concentration of power away from the voters and towards the donor class creates the specter – and very real threat – of a Congress wholly populated by those elected by dollars, not votes. 

PFAW Foundation