United States Supreme Court as it stands today.
Update (January 30, 2010): President Obama said in his first SOU address (January 27, 2010): "I believe [that 5-4 decision] will open the floodgates for special interests -- including foreign corporations -- to spend without limit in our elections."
People have snickered, laughed, guffawed and ranted and raved ever since, including Justice Samuel Alito's "No true" lip sync caught on video. I guess where you stand depends on where you sit?
This update shows just how wide the uncertainty of the issue falls ... but in my view, waiting to see is not the route to travel. It may be late on the morning after the November midterms to say ooops... from that fine article are these several views posted to illustrate my point:
The Politifact Web site, in a post that curiously describes Obama's remark as "barely true," went on to quote legal experts who provided clear support for his concerns.
e.g., Robert Kelner, chairman of the election and political law practice group at Covington and Burling, said: "Some people think that Kennedy's opinion in Citizens United logically leads there. Maybe it does, maybe it doesn't. We don't know for sure." (emphasis is mine)
Then, Brett Kappel, who specializes in political law at Arent Fox, said the majority opinion "... certainly could be read as declaring this provision unconstitutional, so I'd have to say the president's interpretation is correct -- but we won't really know for sure until a court rules on the issue."
Meanwhile, Politico quoted Michael Dorf, a Cornell University law professor who doesn't oppose foreign contributions to American political campaigns affirmed: "It is a plausible inference from the court's opinion that [foreign] money can't be restricted." (I note: this if true, is the heart of my argument and it's pretty bad news, indeed).
The photo regarding Sony at the Politico.com site is interesting. It has this caption:
"Even if Sony Corp. in Japan couldn't contribute to a candidate, the electronics company's American-based subsidiaries could. And that's got some conservatives upset, fearful of the influence of foreign money on U.S. politics. (Allow me to add: it has more than just some conservatives upset -- I am not a conservative according to GOP rules, but I am very, very concerned and so should everyone else).
I have to ask the USSC directly, please set aside the "money is free speech issue for a moment." Please answer this question.
"How in the world can anyone justify a foreigner, foreign company (whether in the U.S. or not), foreign-owned or partially-owned corporation, or any non-U.S. citizen (except a valid, legal Greencard holder) to give money to any project (i.e., Ads or commercials) that advocate for or against a candidate for elected office?"
I simply do not comprehend that and I honestly believe most, if not nearly all, Americans believe that, too.
Update (January 23, 2010): This assessment from PublicIntegrity.org is worth serious thought. One has to wonder whether or not the USSC "5" who voted for lifting the ban thought of this beforehand. I suspect they probably did not -- that was not their duty or concern (right)?
Stephen Spaulding, a law fellow at Common Cause, believes that in the absence of any explicit Supreme Court comment on this area, the issue of foreign-owned corporations spending on federal campaigns is “still an open door question.” He adds, “it may very well be a new path in campaign finance litigation.”
"The Federal Election Commission (FEC) did not immediately respond to a request for comment. Even if the Supreme Court, the FEC, or Congress decide that the right of corporations to engage in electioneering does not apply to foreign-owned corporations, with significant foreign investment in even American-based companies, it could prove quite difficult to determine who may spend and who may not."
Original Post (January 22, 2010): I bet you thought the Supreme Court was made up of nine justices, right? You'd be wrong. After today, it will seat an untold number of Corporate and Labor members. There will be no ceiling on the number of seats up for grabs. We now know for sure that 535 in Congress are for sale. The Golden Goose just landed in DC.
Reflection is good for the soul, they say. Reflect with me back to July 4, 1990, and this NY TIMES article re: U.S. May Ban PAC's With Foreign Ties
A few highlights from that excellent story which are very disturbing include these notes:
1. "The Congressional Research Service (CRS) reported last November (1989) that $2.8 million, or 5 percent, of the $56 million contributed by all corporate PAC's to candidates for Federal office in 1988 came from PAC's whose companies had ''significant foreign ownership.''
2. "The report did not define that phrase, but a total of 118 American subsidiaries were on the list, and most were wholly owned by foreign private interests or governments. Leading the way was Joseph E. Seagram & Sons, wholly owned by Canadian interests, whose PAC gave $174,150, and the Shell Oil Company, wholly owned by the Netherlands and Britain, $155,075."
3. "A ban on such PAC's would reverse 18 F.E.C. decisions since 1978 that have allowed them. Although the 1974 amendments to the Federal Election Campaign Act prohibited contributions by foreign nationals to Federal, state or local elections, the commission has consistently defined a United States subsidiary of a foreign company as American, provided that its principal place of business is in the United States, that its PAC is administered by American citizens and that only American citizens contribute to the PAC."
So, my question for everyone interested in this subject, and fast-forwarding to the current USSC's decision to lift the ban and open the "flood gates" as President Obama rightly labels it, is this: "Do you want our government and in essence, our country, bought and owned by "any significant foreign interests or governments?"
I do not. But I am only one voice among millions who once they are tuned into this decision will be screaming to high heaven about how bad it is, and how bad it will be in the months and years ahead until it is reversed or somehow cast aside for common sense and decency.
Ownership of an American corporation by a foreign anybody is fine with me. I don't care as long as they are legal and law abiding. But, they MUST NOT be allowed to be involved in our electoral process in any way, period. If anyone thinks otherwise, then may I suggest they move to Japan or India or wherever they choose and take their U.S. citizenship with them. It would be the end of our country as we know if if this rule stays in place and grows, as surely it will.
I don't scare easily (my old Marine Corps days kick in), but this decision and what it means scares the crap out of me and it should you, too.
That decision by the Supreme Court is discussed here. It lifts the 100 year-old ban on Corporate and Labor campaign money contributions. Their new standard: "The sky is the limit." The heart of their rulings is simply stated this way by "... a bitterly divided Supreme Court that ruled that the government may not ban political spending by corporations in candidate elections."
President Obama's official statement on this ruling (January 21, 2010) can be seen here. The context is as follows:
"With its ruling today, the Supreme Court has given a green light to a new stampede of special interest money in our politics. It is a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans. This ruling gives the special interests and their lobbyists even more power in Washington--while undermining the influence of average Americans who make small contributions to support their preferred candidates. That's why I am instructing my Administration to get to work immediately with Congress on this issue. We are going to talk with bipartisan Congressional leaders to develop a forceful response to this decision. The public interest requires nothing less."
Part of what we can expected has already happened with the Chamber of Commerce, explained in this story from TPMMuckraker.com. It is a very good example of the current policy run amuck domestically.
Tom Donohue, President of the U.S. Chamber of Commerce, who may already be the 10th seat on the Court, and his scheme works this way: It's called the "Tom Donohue innovation." In essence it is a huge loophole that allows giant Corporations to funnel money into nasty political Ads through the Chamber without anyone knowing who they are or from where the money comes from.
We, the People
own the shaft --
they own the mine.
To make matters worse, the Court rulings says that, “Corporations can contribute to the Chamber of Commerce, and the Chamber can spend the money anyway they want, and the public will have no way of knowing where it comes from, even with the disclosure requirements.” (Laugh at your member of congress when they next say that we "need open books and sunshine" to see where the money comes from - the USSC says it does not matter any longer). A free-for-all ton of money is about to hit us harder than 9/11, and the damage may be worse, and certainly longer lasting.
I am not one to cry wolf or beat my chest without a good reason -- this is a very good reason. The court says it's free speech. Okay, money is speech, but how much and from whom? I see it more like a Mom and Pop Store competing against Wal-Mart. Or how about you or I competing against Bill Gates @ Microsoft for our candidate with his (Microsoft's) unlimited amount of money? (Hint: Your individual amount is still controlled by law ($2,400.00 per cycle).
Here's the bottom line: The USSC got this all wrong. And, sadly, or on purpose, just in time for the 2010 campaign ... Congress probably cannot, or will not do anything to try and reverse this rulings. They already failed in the past. But, the people have the most powerful voice -- "
We, the People" has meaning -- we ought to use it, or lose it!
To get your attention a little bit more, consider this, in easy to understand lingo. This is from a very smart man who writes at Salon.com (Joe Conason) -- he writes here what Michael Waldman, executive director of the Brennan Center for Justice at New York University Law School says:
"Under the old dispensation, which prohibited direct corporate expenditures on elections for nearly a century, Exxon Mobil could spend only what its political action committee raised from executives and employees. In 2008, that was roughly $1 million. Under the new order, the world's biggest oil company can spend as much as its management cares to siphon from its earnings -- which in 2008 amounted to $45 billion."
I note: Now imagine a Senate or House candidate, or three, getting a piece of that Exxon pie to run a campaign on to get into office to help Exxon "drill, baby, drill." Think Joe Sixpack would have a chance against that kind of money? The USSC seems to think so.
What can the people do? I believe that we must rise up and say to the USSC:
You are wrong. Huge unregulated amounts of money and no accountability IS NOT free speech -- not at all. This is not the way our system is supposed to work.
We can say that and much more; but, it must be followed by action -- and action takes focused leadership.
I am ready -- what about you? Now is the time for us to seize the moment. If the phrase, "We, the People" ever had meaning, it would be now!