Constitutional Amendment

Senator Max Baucus Introduces Constitutional Amendment to Reverse Citizens United

While Republicans in Washington are celebrating the anniversary of Citizens United by threatening to scrap the public finance system for elections and allow corporations to donate directly to candidates, Senator Max Baucus of Montana is standing up with the vast majority of Americans who want to see Congress curb the enormous political clout of corporations and overturn Citizens United. Yesterday, Senator Baucus said he will reintroduce a Constitutional Amendment that would give elected officials the right to regulate corporate contributions to political organizations and reverse the Court’s sweeping ruling:

“The foundation of democracy is based on the ability of the people to elect a government that represents them - the people, not big business or foreign corporations. As Montanans, we learned our lesson almost a century ago when the copper kings used their corporate power to drown out the people and buy elections. Today, we have some of the toughest campaign finance laws in the land, and they work. Now we've got to fight to protect the voices on hard-working Montanans and keep elections in the hands of the people, and that's just what I intend to do,” Baucus said.

In the Citizen’s United case, the Supreme Court ruled that corporations, including foreign corporations, had the right to spend unlimited dollars from their general funds to make independent expenditures at any time during an election cycle - including directly calling for the election or defeat of a candidate.

As a result of the Supreme Court's ruling, Montana's century-old campaign finance laws limiting corporate spending are now also in jeopardy.

Baucus’ Constitutional amendment would restore the authority to regulate corporate political expenditure and protect states' right to regulate contributions in the way that works best for them. The amendment does not modify the First Amendment, and the language specifies that this does not affect freedom of the press in any way.
PFAW

Events and New Video Mark the First Anniversary of Citizens United Decision

Today is the first anniversary of the Supreme Court’s decision in Citizens United v. FEC, which lifted restrictions on the amount of money corporations can spend to influence federal elections. To mark the anniversary, people across the country are organizing rallies and house parties to spread awareness of the decision and to call for a constitutional amendment to reverse it. Click here to find an event near you.

And take a look at this video we put together following Citizen Jane as she runs for office in post-Citizens United America:
 

PFAW

More Voices Call For a Constitutional Amendment to Reverse Citizens United as Ruling’s Anniversary Approaches

Friday is the first anniversary of the Supreme Court’s 5-4 ruling in Citizens United v. FEC, which helped unleash massive corporate spending in the 2010 elections, and more voices have emerged to denounce the Court’s wrongheaded and extreme ruling. The decision’s impact on public policy debates became more apparent today as the House of Representatives prepares to vote to repeal the health care reform law after pro-corporate groups spent handsomely to discredit the law with bogus charges and attack Congressmen which supported reform.

Ben Cohen and Jerry Greenfield of Ben & Jerry’s ice cream, along with companies like Patagonia, Stonyfield Farms and Honest Tea, have launched Business for Democracy, “a coalition of like-minded businesses to protest a Supreme Court ruling that struck down limits on corporate campaign spending in candidate elections.” The Wall Street Journal reports that “members of ‘Business for Democracy’ believe ‘the decision is inconsistent with the basic ideal of ‘government of the people, by the people, for the people,’" and support a constitutional amendment to reverse the decision.

In today’s Washington Post, Katrina vanden Heuvel discussed how the vast corporate spending to influence the midterm elections was “just an experiment” compared to how corporations plan to sway the 2012 election. But despite the push by pro-corporate groups to keep spending by businesses in elections unchecked, the efforts for legislative remedies and the push for a constitutional amendment to overturn Citizens United persevere:

According to Bill de Blasio, New York City's public advocate, Citizens United spending - that is, spending that was only made possible by the court's ruling - accounted for 15 percent of the roughly $4 billion spent on the 2010 midterm elections. Eighty-five million dollars of Citizens United money was spent on U.S. Senate races alone. Worse, 30 percent of all spending by outside groups was funded by anonymous donations, an illegal action prior to the ruling. Forty million of the dollars spent on Senate races came from sources that might never be revealed.

But as striking as these consequences might be, the 2010 election was just an experiment, the first opportunity to test the new law. In future elections, corporations and shadowy organizations will have a clearer understanding of the boundaries they are operating within, a reality that is sure to translate into more undisclosed cash. And the savvier corporate players know that the mere threat of a corporate onslaught of funding for or against a candidate is enough to win legislative favor, in effect blunting prospects for sound regulation, consumer protection and fair tax policies. As former senator Russ Feingold (D-Wis.), himself a victim of Citizens United spending, said, "It is going to be worse in 2012 unless we do something - much worse."

Yet even as we lament this decision, we should recognize the opportunity it presents. Justice Roberts and his allies overreached so brazenly that they have created an opening for genuine reform.



The clearest and boldest counter to the court's ruling would be a constitutional amendment stating unequivocally that corporations are not people and do not have the right to buy elections. Rep. Donna Edwards (D-Md.) introduced such an amendment to counter Citizens United during the last session of Congress and views it as the only sure way to beat back the court. "Justice Brandeis got it right," she noted last February. " 'We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both.' "

Campaigns for constitutional amendments demand a great deal of patience and tenacity. But as Jamie Raskin, a Democratic Maryland state senator and professor of constitutional law at American University, notes, "American citizens have repeatedly amended the Constitution to defend democracy when the Supreme Court acts in collusion with democracy's enemies." Not only is a push for an amendment a worthy act, it also provides a unique opportunity to educate the broader public, raise the profile of this important issue and force elected officials to go on record as to where they stand. The campaign could create enormous pressure on state legislatures and Congress, prompting changes to campaign finance even before an amendment is ratified.

Success will require a coalition that transcends party. In this case, there is promising news. An August 2010 Survey USA poll found that 77 percent of all voters - including 70 percent of Republicans and 73 percent of independents - view corporate spending in elections as akin to bribery. Broad majorities favor limiting corporate control over our political lives. A coordinated effort, executed right, could unite progressives, good-government reformers and conservative libertarians in a fight to restore democracy.
PFAW

The Tea Party’s Constitution

The new House GOP majority is planning to read the entire Constitution aloud on the House floor tomorrow. We can’t argue with that—our elected representatives can always use a brush-up on what’s in the document. But what’s troubling about the GOP’s planned Constitution-reading is that the new far-right class of House Republicans is trying to paint themselves as the sole defenders of our nation’s laws.

In fact, as PFAW’s Jamie Raskin examines in a new report, the Tea Party movement and the elected officials it empowered are in fact fighting against selected values in the Constitution. Raskin writes of the Tea Party’s relationship with the Fourteenth Amendment:

By railing against the Sixteenth and Seventeenth Amendments, the Tea Party makes clear that it is not at peace with our written Constitution, and its hostility to democratic constitutional purposes runs even further back than its opposition to Populist and Progressive-era amendments. The Tea Party has problems with the Fourteenth Amendment’s fundamental protection of equal civil rights, the very anchor of modern democratic constitutionalism. Tea Party activists may dress themselves up in colonial garb and swear their devotion to the Constitution. But the Constitution they revere is not the real one, but only a projection of their own reactionary desires.

Tea Party leaders have a tortured relationship with the Fourteenth Amendment. They have been attacking its very first sentence, which grants citizenship to all people born in the United States: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” This sentence overturned the Dred Scott decision, which had determined that descendants of slaves could never be citizens of the United States with equal rights. Rep. Ron Paul (R-Tex,.) and other activists have been calling for a constitutional amendment to repeal this language in order to solve the crisis they perceive in the advent of Americans they call “anchor babies,” babies born in the United States to undocumented immigrants. At the same time, other conservative activists without the intellectual honesty of Rep. Paul and the constitutional repealers are claiming that this language does not establish birthright citizenship at all, despite the fact that it has always been understood that way. Ignoring the plain text, they contend that Congress can deny citizenship to the “anchor babies” through a simple bill, and they have proposed to do just that in the Birthright Citizenship Act, introduced by Rep. Lamar Smith (R-Tex.), the new chairman of the House Judiciary Committee.

This difference in opinion on whether to repeal this provision of the Fourteenth Amendment or simply deny its existence and legislate over it is a tactical skirmish, yet both sides essentially agree that it is time to subtract a long-standing and fundamental liberty from the Constitution. The last time we tried this was with Prohibition and we could expect similar chaos and division resulting from this kind of repressive effort if it succeeds today.

Beyond the first sentence, the Tea Party has even bigger fish to fry when it comes to the Fourteenth Amendment, which its leaders see, paradoxically, not as the legitimate and authoritative constitutional source for the civil rights revolution of the 1950s and 1960s, but rather as the illegitimate pretext for a massive assault on the civil rights and liberties of private business owners ever since then. This extraordinary controversy over the meaning and uses of the Fourteenth Amendment, the Reconstruction effort that gave rise to it, and the Civil War that made it possible, tells us everything we need to know about the boastful and ubiquitous claim that the Tea Party speaks for liberty and freedom.

Raskin’s report, Corporate Infusion: What the Tea Party’s Really Serving America, also tackles the Tea Party’s complicated relationship with populism, libertarianism, and the original Tea Party of the American Revolution.

You can read the whole thing here.

 

PFAW

Groundswell of Support for Overturning 'Citizens United' Continues

The latest polling on the Citizens United decision reflects the growing public support for overturning the Roberts Court’s ruling. According to a new Public Policy Polling analysis, 46% of Americans agreed that “Congress should consider drastic measures such as a constitutional amendment overturning the recent Supreme Court decision allowing unlimited corporate spending in elections,” while 36% disagreed and one-in-five had not formed an opinion.

A large majority of Americans across party lines disagree with the Citizens United decision, according to poll after poll after poll after poll. Members of both the House and Senate have already introduced constitutional amendments to overturn the ruling and reaffirm Congress’s right to limit corporate spending in elections. As Rep. Donna Edwards (D-MD), the chief sponsor of one amendment in the House, told the Huffington Post:

A lot of progressives are not accustomed to using the mechanisms of the Constitution. The right has used-- has tried to do that an awful lot of times on a whole range of different things in state legislatures and across the board. And as progressives, we're not accustomed to doing that, and this is one instance, though, where the populist demand is there, and our energy and our policy has to match that demand and a Constitutional amendment does that.

People For the American Way and Public Citizen joined together this election year to support candidates who pledged to back a Constitutional Amendment overturning Citizens United, and are continuing the fight for both constitutional and legislative remedies by advancing bills such as the DISCLOSE Act. Americans are increasingly speaking out against the Court’s far-reaching pro-corporate bent, and calling on Congress to make sure that corporations don’t dominate the political system and drown out the voices of individuals.

PFAW

LGBT Community Speaks Out Against Gold’s Gym

Karl Rove’s Super PAC American Crossroads has received millions of dollars in funding from TRT Holdings and its owner, Robert Rowling. TRT Holdings under Rowling’s leadership owns the companies Omni Hotels and Gold’s Gym. TRT Holdings donated $2,341,000 to American Crossroads, and Rowling himself gave the pro-GOP group $2.5 million. As reported in After Citizens United: A Look into the Pro-Corporate Players in American Politics, American Crossroads and its sister group Crossroads GPS plan to spend well-over $50 million to elect Republican majorities in the House and Senate. Now, activist Michael Jones, through the online community Change.org, is calling on consumers to hold Gold’s Gym accountable for the company’s substantial donations to the pro-corporate, right-wing political organization.

After criticizing Target and Best Buy for contributing hundreds of thousands of dollars to a Minnesota political organization that supports a staunchly anti-gay candidate for Governor, supporters of LGBT equality are now attacking Gold’s Gym and its parent company, TRT Holdings. Most of the candidates American Crossroads supports also have astoundingly anti-gay and anti-equality opinions and records.

Jones has launched a petition that calls out Gold’s Gym, which “markets and caters to LGBT customers,” for using money from their corporate accounts to effectively support candidates “who want to take away civil rights for LGBT Americans.” Jones writes:

Who would have thought that giving money to Gold's Gym could have such ugly consequences for the LGBT community?

Among the candidates that the owner of Gold's Gym is working to elect include Nevada GOP senate candidate Sharron Angle, who is challenging Sen. Harry Reid. Angle, you might recall, has previously said that women who are raped should turn their lemons into lemonade, and that LGBT people should be barred from adopting children. And that's only the tip of iceberg. In years past, Sharron Angle put her blessing behind an insert that went out to voters that said homosexuality would lead to the destruction of the United States, and called gay people "sodomites" and "perverts." She even endorsed a statement that said there was no evidence to suggest homosexuality was biological, and that scientists who argue otherwise are flawed.

Thanks, Gold's Gym!

But Sharron Angle isn't the only candidate that American Crossroads is supporting. There's also Rep. Roy Blunt in Missouri, who is currently running for an open U.S. Senate seat in the state. Blunt has a whopping 0% rating from the Human Rights Campaign when it comes to legislation focused on the LGBT community, and has voted against the Employment Nondiscrimination Act (ENDA), in favor of a constitutional amendment banning same-sex marriage, and in favor of banning gay adoptions in Washington, D.C. And in his current campaign for U.S. Senate, he's made the preservation of the Defense of Marriage Act (DOMA) a hot issue, suggesting that if he loses his race, DOMA will die and gay people will be allowed to get married all over the country. Ah, the horror!

Once again, thank you, Gold's Gym.

American Crossroads also supports Colorado’s Ken Buck, who said that homosexuality was a “choice…like alcoholism,” and New Hampshire’s Kelly Ayotte, who believes that gay and lesbian couples should not have the right to adopt children, among other anti-equality Republicans.

Now, four Gold’s Gyms in the San Francisco Bay Area just released a statement saying that they will leave the Gold’s Gym brand as a response to TRT Holding’s political donations.

In the end, corporations should not just face petitions from consumers to stop financing political groups, but should be restricted from spending money in elections in general. Nine in ten Americans want “clear limits on how much money corporations can spend to influence the outcome of an election,” and Gold’s Gym and other companies should know that the public does not want them using their money from their general treasuries to influence elections.

 

PFAW

Americans Care About Secret Corporate Election Funding. A Lot.

Greg Sargent reports the results of a new MoveOn poll that shows that yes, Americans really do care that secretive corporate money is funding elections. A lot:

The poll finds that two thirds of registered voters, or 66 percent, are aware that outside groups are behind some of the ads they're seeing. This makes sense, since the issue has dominated the media amid the battle over the huge ad onslaught against Dems funded by the U.S. Chamber of Commerce and Karl Rove's groups.

What's more, an overwhelming 84 percent say they have a "right to know" who's bankrolling the ads. And crucially, the poll also found that the issue is resonant when linked to the economy. A majority, 53 percent, are less likely to think a candidate who is backed by "anonymous groups" can be trusted to "improve economic conditions" for them or their families. People don't believe these groups are looking out for their interests.

These numbers send a pretty clear message. But this is nothing new—for months, poll after poll has shown that large majorities of Americans are fed up with the control corporate money has over politics, want political spending to be disclosed, and are more likely to vote for candidates who will work toward passing a constitutional amendment to reverse the Supreme Court’s decision in Citizens United.
 

PFAW

Ken Buck Takes on a "Lemon Situation"

Our Rogues’ Gallery report chronicles, among other themes, the regressive attitudes of many of this year’s far-right Senate candidates toward women’s rights. Not content to be merely anti-choice, candidates like Sharron Angle and Joe Miller say abortion should be illegal even in cases of rape or incest. Angle most famously expressed the far-right attitude toward the right to choose when she said teenage rape victims should try to make “lemonade” out of “what was really a lemon situation.”

Colorado’s Ken Buck has been among the staunchest opponents of a woman’s right to choose, saying he’d sponsor a constitutional amendment to make abortion illegal and would try to prevent organizations like Planned Parenthood from receiving government funds.

 

Now, from the Colorado Independent, comes a story of Buck’s refusal to prosecute a rape case when he was a district attorney. One of the reasons? He thought the victim had earlier had an abortion, and was somehow retaliating against her assailant by attempting to prosecute him. In the end, Buck chalked the whole thing up to what he called the victim's  “buyer’s remorse”:

He said the facts in the case didn’t warrant prosecution. “A jury could very well conclude that this is a case of buyer’s remorse,” he told the Greeley Tribune in March 2006. He went on to publicly call the facts in the case “pitiful.”

If he had handled it with a little more sensitivity, the victim, who does not want her name used, says it is possible she may have accepted the decision and moved on. But Buck’s words — as much as his refusal to prosecute — still burn in her ears.

“That comment made me feel horrible,” she told the Colorado Independent last week. “The offender admitted he did it, but Ken Buck said I was to blame. Had he (Buck) not attacked me, I might have let it go. But he put the blame on me, and I was furious. I still am furious,” she said.

It wasn’t just his public remarks that infuriated the woman. In the private meeting, which she recorded, he told her, “It appears to me … that you invited him over to have sex with him.”

He also said he thought she might have a motive to file rape charges as a way of retaliating against the man for some ill will left over from when they had been lovers more than a year earlier. Buck also comes off on this tape as being at least as concerned with the woman’s sexual history and alcohol consumption as he is with other facts of the case.

“She is very strong about her feelings,” said Forseth of the victim. “She believes a grave injustice has been done and that she is a victim of the system.

“What’s most troubling to me about this case,” Forseth continued, “is the way he talks to her in that meeting. There is just so much judgment, in his voice, toward the victim. I would think a district attorney would be an advocate for victims and offer some support, but instead he offers indignation and judgment.”

The suspect in this case had claimed that the victim had at one point a year or so before this event become pregnant with his child and had an abortion, which she denies, saying she miscarried. The suspect’s claim, though, is in the police report, and Buck refers to it as a reason she may be motivated to file charges where he thinks none are warranted.

“When he talks about the abortion as the reason she wants charges filed, that has nothing to do with the law or this case,” Forseth says. “That is his personal bias coming into play. He’s bringing his own personal beliefs and judgments to bear on this case, when he should be acting as a victim’s advocate.”

If Buck can’t represent a rape victim without publicly insulting her, it’s hard not to ask: how can he represent an entire state in the Senate?


 

PFAW

Rep. Edwards: Support for Constitutional Amendment growing in “chaotic political climate”

Rep. Donna Edwards, the sponsor of a constitutional amendment to reverse the Supreme Court’s decision in Citizens United, reacted today to the letter in support of such an amendment, signed by 50 prominent attorneys and law professors, that People For and Free Speech for People sent to congressional leaders this week:

“Corporate interests have already spent double the money spent in the 2006 midterms to influence our elections and undermine the voice of the American people,” said Congresswoman Edwards. “That is why I introduced an amendment with Chairman John Conyers to the U.S. Constitution immediately after the Roberts’ Court declared that corporations have the same First Amendment rights as citizens. I am pleased that during this chaotic political climate support for my Constitutional Amendment is growing across the country with academics, elected officials, and working families. Now is the time to remove corporate influence from our policies and our politics. We cannot allow corporations to dominate our elections as they have done this year, to do so would be both undemocratic and unfair to ordinary citizens.”

You can read more about the letter here.

And watch Rep. Edwards explain the need for a constitutional amendment at the panel we hosted at Netroots Nation this summer. “We back up and back up against a wall of corporations, of corporate money, that isn’t just trying to influence the process, it’s trying to own the process”:
 

PFAW

Citizens United Impacts Ohio Senate Race

Senator Sherrod Brown, in this morning's debate over the DISCLOSE Act, noted an article in today's Columbus Dispatch demonstrating the great need for this law:

Before a U.S. Supreme Court ruling in January, the most Cincinnati billionaire Carl Lindner could directly contribute to Senate candidate Rob Portman was $4,800.

But because of a decision opening campaigns to corporate contributions, Lindner's American Financial Group was able to give 83 times that amount, $400,000 ... to American Crossroads, a group that former George W. Bush adviser Karl Rove helped create to aid GOP candidates. In mid-August, American Crossroads launched a statewide TV ad backing Portman's Senate candidacy.

In this case, a newspaper exposed the corporate spending. But that disclosure to the voters is the exception, not the rule. DISCLOSE would change that - and that's why Senate Republicans are fighting it tooth and nail.

It's worth noting that Portman's Democratic opponent, Lee Fisher, has signed People For the American Way and Public Citizen's Pledge to Protect America's Democracy and supports a constitutional amendment to correct Citizens United.

 

 

PFAW

Corporate Groups take aim at Hodes in New Hampshire

What happens when a principal leader in the fight for greater corporate accountability runs for higher office? He becomes the target of a tremendous and misleading assault by new corporate-backed groups that have gained new prominence in the wake of Citizens United.

As one of the first leaders to introduce a Constitutional Amendment to overturn the Supreme Court’s 5-4 decision Citizens United, New Hampshire Congressman and Senate candidate Paul Hodes understands the risks posed by swelling corporate power. He has also signed the Pledge to Protect America’s Democracy, which asks candidates to give Congress back the right to curtail electoral spending by corporations.

Pro-corporate organizations such as the Chamber of Commerce and the American Action Network have started to pummel Hodes with ads in order to tear down his run for the open Senate seat vacated by Sen. Judd Gregg, one of Wall Street’s champions in Congress. The Chamber of Commerce, which has pledged to spend $75 million altogether in the 2010 elections, has already committed $1 million to criticize Hodes over the airwaves. Political Correction describes the Chamber of Commerce’s anti-Hodes advertisement as “deeply dishonest” and responsible for employing grandiose and embellished allegations regarding health care reform.

The American Action Network has spent $500,000 against the Congressman, which is unsurprising since the organization is led by a mix of Wall Street moguls and their advocates. Their ads in the New Hampshire race have come under such scrutiny that even a former Republican state senator who is supporting GOP frontrunner Kelly Ayotte co-wrote an op-ed which claims that the group’s ad campaign against Hodes is filled with “gross inaccuracies” that “corrode public confidence in the political process, and are completely contrary to the national interest.”

According to Democracy 21, even though these groups are spending large sums attacking progressive champions like Paul Hodes, they have not disclosed their donors to the FEC. Kenneth Doyle of the good-government group writes that the Chamber “provided no information in their FEC reports about where they get the millions of dollars used to pay for their political advertising.” Like the Chamber, the American Action Network “provided no information about any donors supporting the group’s campaign efforts.” Consequently, New Hampshire voters may never know which corporations or individuals are behind the enormous endeavor to vilify Paul Hodes and his effort to rein in corporate clout in government and abuses on Wall Street.

PFAW

48 Congressional Candidates have signed the Pledge to Protect America’s Democracy—Find Out Where Your Candidates Stand

Last month, we started asking candidates for Congress to sign a pledge to support a constitutional amendment to reverse the Supreme Court’s decision in Citizens United, and stop unlimited corporate spending in elections.

Today, we’re announcing the first batch of signers. 48 House and Senate candidates from across the country have signed the Pledge to Protect America’s Democracy—you can find out who’s signed, who’s refused and who’s on the fence using our handy candidate map. Then you can call the candidates in your state who haven’t signed yet and urge them to fight against corporate influence in elections.

Public Citizen, our partner in the campaign, put together this video about the pledge and why it matters:
 

PFAW

What Citizens United has to do with Rod Blagojevich

Last night, a federal jury in Chicago convicted Illinois governor Rod Blagojevich on just one of 24 counts of political corruption. On the rest of the counts, the jury was hopelessly deadlocked.

Scott Turow, the bestselling novelist who started his career as a US Attorney prosecuting political corruption cases in Chicago, writes in the New York Times that whatever the fuzziness of fact in the Blagojevich case, what is even fuzzier is the way our legal system deals with political corruption. The influence of big money is everywhere in our political process—and the Supreme Court’s decision in Citizens United opened the door for less showy, but equally problematic, versions of the corruption that Blagojevich is accused of.

Indeed, in Citizens United v. Federal Election Commission, the court decided that such organizations could spend as much as they wished at any time, assuming there was no direct coordination with the candidate. In doing so, the court overturned its own precedents and refused to distinguish the free speech rights of corporations and unions in any way from those of actual people.

The problem with this logic is that corporations have a legal duty not to spend money unless it is likely to improve profits. Unions, too, are expected to make only contributions that will benefit members. As a result, no idealistic patina of concern about good government or values-driven issues can burnish these payments.

The future of other campaign finance restrictions looks bleak. Thirty-four years ago, when the Supreme Court first declared in Buckley v. Valeo that the First Amendment protected election spending, it nonetheless approved contribution limits “to prevent ... the appearance of corruption.” In Citizens United, the Roberts Court gave short shrift to any concern about appearances. Limits on direct contributions to candidates appear likely to be the next campaign safeguard to fall.

In any case, the bevy of ways in which donors can get around current spending laws, combined with the Supreme Court’s elastic approach to the First Amendment, have left our campaign finance system as little more than a form of legalized influence-buying. Only those as naive as Wanda Brandstetter or as crass and ham-handed as Rod Blagojevich find themselves subject to prosecution, while others wise enough to say less out loud find snug protection in the First Amendment, no matter how bald their desire to influence government actions.

We see daily examples of this sort of dynamic happening in elections—take the Florida governor’s race--where any causal relationships between campaign cash and policy decisions can never be fully sorted out. It’s a dangerous thing for democracy…and one, as Turow points out, we aren’t going to fix without a Constitutional amendment.
 

PFAW

Monitoring Corporate Spending

Since Citizens United, as we’ve noted, corporations have been taking advantage of their permission slip to spend unlimited amounts on elections. Now Bill de Blasio, the public advocate for the City of New York, is making it easier to track which corporations are getting involved in politics.

This week, de Blasio launched a website that breaks major corporations into three categories: those that have pledged to stay out of politics, those that have not pledged to stay out of politics, and those prepared (like Target) to spend money in politics. He also makes it easy for web surfers to contact corporations and encourage them not to spend on elections.

De Blasio’s public spirited website is a great tool, but citizens shouldn’t be expected to spend every election monitoring corporate machinations. Ultimately, we need a constitutional amendment to reverse Citizens United. That’s why we’re asking all federal elected officials and candidates to sign our pledge to support an amendment. Has your representative signed the pledge?

PFAW

New Poll Shows Americans Want Less Corporate Influence in Politics

Last month, we commissioned a poll asking people across the country what they thought of corporate influence in elections and the Supreme Court’s decision in Citizens United to expand that influence. The results were staggering.

A whopping 85% of voters surveyed said they thought corporations already have too much influence in our political system. 95 % agreed that “Corporations spend money on politics mainly to buy influence in government and elect people who are favorable to their financial interests.” 77% supported a constitutional amendment to allow Congress to limit the amount corporations can spend on elections, and 74% said they’d be more likely to vote for a candidate who shared that view.

Yesterday, MoveOn.org released the results [PDF] of a new poll on corporate money in politics, and guess what?

The MoveOn poll found:

  • “79% of voters polled, including 72% of Republicans and 75% of Independents, believe that it’s important that a candidate commit to reducing the influence of corporations over elections”
  • “Almost two out of three voters (60%) disagree with the Supreme Court’s decision in the Citizens United case. Sixty-seven percent of those would be more likely to support a candidate who backs a constitutional amendment to overturn the decision.
  • “Seventy-seven percent of voters overall (including 70% of Republicans Independents), view corporate election spending as an attempt to bribe politicians rather than an expression of free speech that should not be limited.”


No matter how you cut the numbers, the pattern is clear. Americans want voters, not corporate money, to own our democracy.

Speaking of which…have you asked your elected officials and candidates to sign the Pledge to Protect America’s Democracy?
 

PFAW

Senator Cornyn Still Thinks “Judicial Activism” is a Liberal Phenomenon

Senator Cornyn’s sound bite today: “A judge who presumes to be a lawmaker becomes a lawbreaker.” That is, a Justice who decides based on a desired policy outcome rather than a correct interpretation of the Constitution is a “judicial activist” and has no right to serve on the Supreme Court.

It’s always amazing to hear an ultra conservative like Senator Cornyn complain about judges legislating from the bench. Does he think that the conservative block of the Roberts Court, which overturned a century of settled law in the Citizens United case to achieve their desired pro-corporate policy result, is made up of lawbreakers?

Senator Cornyn also emphasized that, if we disagree with a law or a Supreme Court decision, we have the right to work towards a constitutional amendment. We couldn’t agree with him more. That’s why we’re fighting for a constitutional amendment to correct Citizens United and once again limit corporate money in our elections.

PFAW

Senate GOP Blocks Election Transparency, Baucus Responds with Constitutional Amendment

Republicans succeeded today in blocking Senate consideration of the DISCLOSE Act, a modest first attempt to start reigning in the money-in-politics free-for-all the Supreme Court set loose in January’s Citizens United decision.

The successful filibuster of DISCLOSE is frustrating, but it makes one thing very clear: the only way for voters to fully take back our democracy is to pass a Constitutional Amendment undoing the damage of Citizens United.

After the Senate’s vote on DISCLOSE, Sen. Max Baucus introduced a resolution calling for just such an amendment:

Baucus said:

The impact of Citizens United goes well beyond merely changing campaign finance law. This decision will impact the ability of Congress, as well as State and local legislatures, to pass laws designed to protect its constituents—individual Americans—when such legislation comes under fierce objection by large corporations. Corporations are now free to spend millions targeting individual lawmakers. Lawmakers’ ability to pass laws such as consumer safety or investor protection now faces even greater challenges when such laws merely threaten the corporate bottom line.

Congress and the American people must respond swiftly and firmly. The Supreme Court’s ruling in Citizens United has severely altered Congress’s ability to limit corporate spending in our electoral process.

The amendment simply returns the power of regulating election spending to Congress and the states. Here it is in its entirety:

Section 1. Congress shall have the power to regulate the contribution of funds by corporations and labor organizations to a candidate for election to, or for nomination for election to, a Federal office, and the power to regulate the expenditure of funds by corporations and labor organizations made in support of, or opposition to, such candidates.

Section 2. A State shall have the power to regulate the contribution of funds by corporations and labor organizations to a candidate for election to, or for nomination for election to, public office in the State, and the power to regulate the expenditure of funds by corporations and labor organizations made in support of, or opposition to, such candidates.

Section 3. Nothing contained in this Amendment shall be construed to allow Congress or a State to make any law abridging the freedom of the press.”

We’ve asked all federal elected officials and candidates to sign on to a pledge to support a Constitutional Amendment to reverse Citizens United. Find out more at www.pledgefordemocracy.org.
 

PFAW

Netroots Nation Takes on Citizens United

When we commissioned a poll to gauge what Americans thought about the Supreme Court’s decision in Citizens United v. FEC, we expected to find strong opposition to the idea of unlimited corporate influence in elections. But even we were stunned by how strong that opposition was. 85% of those surveyed disagreed with the Supreme Court’s decision to give corporations unlimited power to spend in elections, and 74% supported a Constitutional Amendment to reverse it.

Today, in a packed Netroots Nation panel organized by People For, activists and elected officials gave their loud and clear endorsement of a Constitutional Amendment to undo Citizens United and return elections to voters.

The audience responded with a standing ovation when panelist Rep. Donna Edwards declared her support for an amendment saying, “Let’s not let anything undo our power over our elections.”

Edwards spoke about the pressure members of Congress face from the health care and energy lobbies, and other powerful interests. “We cannot afford in this country to have elected officials afraid to stand up to that,” she said.

Corporate interests, Edwards said, “are not just trying to influence the process, they want to own the process.”

In Congress, Rep. Alan Grayson added, a corporate lobbyist “can walk into your and office, say ‘I have $5 million, and I can spend it for you or against you.’…this really is a threat to our democracy.”

All of the panelists, including Public Citizen’s Robert Weissman, Lisa Graves of the Center for Media and Democracy, and People For’s Marge Baker, agreed that passing a Constitutional Amendment wouldn’t be easy, but is necessary.

Baker called the Citizens United decision “radical, dangerous, and pernicious,” and emphasized the opportunity it creates for progressives to reclaim the debate over the courts as we work to reverse it.

Citizens United is one of the all time worst Supreme Court decisions in the history of the United States,” Weissman said, “It’s certain that it’s going to be overturned. The question is, are we going to overturn it in the next 4-5 years, or wait 50 years.”

Graves added that Americans have managed to amend the Constitution throughout our history. “They did it with the Pony Express,” she said, “and we have Web 2.0”

Grayson and Edwards have both agreed to sign the Pledge to Protect America’s Democracy, a pro-amendment effort organized by People For and Public Citizen. Urge your candidates and elected officials to do the same, at www.pledgefordemocracy.org.

UPDATE: Netroots Nation has posted a video of the discussion:

PFAW

Rove Returns

One of the greatest of many great parts about the end of George W. Bush’s presidency a year and a half ago was, I thought, that we wouldn’t have to spend our lives worrying about what Karl Rove was up to. How wrong I was.

A new political operation conceived by Republican operatives Karl Rove and Ed Gillespie formed a spinoff group last month that - thanks in part to its ability to promise donors anonymity - has brought in more money in its first month than the parent organization has raised since it started in March.

The new group, called American Crossroads GPS, has been telling donors their contributions would be used to dig up dirt on Congressional Democrats’ “expense account abuses” and to frame the BP oil spill as “Obama’s Katrina.”

… A veteran GOP operative familiar with the group’s fundraising activities said the spin-off was formed largely because donors were reluctant to see their names publicly associated with giving to a 527 group, least of all one associated with Rove, who Democrats still revile for his role in running former President George W. Bush’s political operation.

This kind of shadowy politicking is exactly why we so urgently need measures like the DISCLOSE Act, which would require those who are attempting to influence elections through conduits such as Rove’s group to reveal their contributions. Even more importantly, we need a constitutional amendment to ensure the continuing ability of Congress and the states to regulate in this nefarious arena That’s why we’ve joined with Public Citizen in a campaign to get all candidates for federal office to pledge to work towards amending the constitution.

PFAW

Will Your Representative Sign the Pledge to Protect America’s Democracy?

Today, People For the American Way and Public Citizen launched a new campaign to get the ball rolling on a Constitutional Amendment to kick corporate money out of elections.

In January, the Supreme Court overturned a policy that was more than a century-old to allow corporations to spend millions of dollars from their treasuries to influence elections. To get to that decision, in the case of Citizens United v. FEC, the Court determined that corporations have the same free speech rights as individuals.

This reasoning, and the conclusion it led to, have been soundly rejected by Americans across the political spectrum. A poll we commissioned last month found that 85% of Americans disagree with the Court’s conclusion that the First Amendment allows corporations to spend whatever they like on elections, and 77% wanted to amend the Constitution to undo it.

What’s more, 74%--including majorities of Democrats, Republicans, and independents-- said they’d be more likely to vote for a candidate who pledged to work for a Constitutional Amendment to undo Citizens United.

We saw this as a clear call to action. So we joined up with Public Citizen to create www.PledgeForDemocracy.org and start making a Constitutional Amendment a reality.

Here’s how it works. We’ve written up a pledge for federal candidates to sign, committing them to work towards a Constitutional Amendment to return our democracy to voters. It reads:

The Supreme Court's flawed decision allowing corporations to spend unlimited amounts to influence election outcomes endangers our democracy and threatens to drown out the voices of individual citizens. I pledge to protect America from unlimited corporate spending on our elections by supporting a Constitutional amendment to overturn the Supreme Court's decision giving corporations the same First Amendment rights as people.

If you support a Constitutional Amendment, contact your representatives and candidates in your area and urge them to sign the pledge. Then get back to us and let us know what they said. We’ll keep track of contacts to candidates and officials, and publicize which candidates sign the pledge and which refuse to sign it.

We know that elections belong to voters…it’s time for elected officials to show they agree.
 

PFAW