By Kevin Fagan, Associate News Editor -
In a contentious 5-4 decision, the Supreme Court decided last week to overturn decades-old restrictions on the way campaigns are financed by allowing corporations, advocacy groups, and labor unions to donate an unlimited amount of money to candidates. This decision not only overturned the bipartisan McCain-Feingold Act, but also two prior high court rulings (Austin vs. Michigan State Chamber of Commerce and McConnell vs. Federal Election Commission). This decision is more wide-reaching than previous decisions that simply revised precedent on election law, rather than replace it.
The vote came down along traditional ideological lines, with the conservatives John Roberts, Samuel Alito, Clarence Thomas, and Antonin Scalia voting for the overturn while John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor voted against the measure. Swing vote Anthony Kennedy pledged his support for the reversal early in the process, making it easier for Samuel Alito and John Roberts to shape the complete overturn given that they knew they had the necessary votes.
For liberals and anti-corruption activists, this ruling represents the worst possible outcome. Corporations and other special interests will have a greater impact on the election conversation, while individual donations could be crowded out by the immense wealth of corporations and certain advocacy groups. Some argue that senators, congressmen and presidential candidates might be tempted to vote a certain way depending on the monetary support they could receive from corporations during the next election cycle. Particularly for Congressional representatives who typically have relatively low fundraising totals and elections every two years, an especially large donation from one corporation can make the difference between getting the word out to voters by television or radio and being forced to rely on word-of-mouth and phone banking.
For conservatives and free speech advocates, this decision comes as a welcome relief after decades of restrictions. It allows corporations and labor unions to be able to fully participate in the judicial process for the first time in about thirty years. Despite their immense wealth, corporations are owned by shareholders, many of whom only own a few shares, while labor unions and advocacy groups receive donations and dues from their members. Conservatives argue that allowing this money to go towards candidates is not a corruption of the political process, but rather a simple execution of the First Amendment right to freedom of speech. They argue it is not right to exclude anyone from the political process.
To help moderate what they view as the negative consequences of this ruling, Chris Van Hollen, Chairman of the Democratic Congressional Campaign Committee, and Charles Schumer, Senate Rules Committee Chairman, are looking into enacting new legislation. The legislation they are thinking about would require shareholder approval of campaign advertisements run by corporations, and would require the CEO of the company to come on air and approve the message being conveyed. Other possible provisions include barring foreign-owned subsidiaries and American corporations receiving public assistance from financing ads. If passed, such restrictions could be subject to another Supreme Court ruling to determine their constitutionality.
On the other hand, some conservatives feel that the current composition of the Court would allow it to consider a case that would challenge current limits placed on contributions to a federal candidate. Currently, individuals are limited to giving $2,400 to a candidate per election and $30,400 to a national party committee, according to the Federal Election Commission. A challenge to these limits appears unlikely to arise in the near future, though where the Court might go in its proclamations of constitutionality in the long-term is unknown.
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