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Citizens United v. Federal Election Commission For more than 100 years Congress and the Supreme Court carefully fashioned laws to check corporate power in elections. At first, the restraints were loose, but over the years they tightened. There were de- bates and a few dissents, but the nation never hesi- tated in its direction—until 2010 when five justices of the Supreme Court decided to reverse course. This is the story of their decision. It begins in the nation’s youth. CONGRESS PROTECTS ELECTIONS In the American philosophy of self-government, free elections are an indispensable bulwark against tyranny. The founders believed all citizens should have the right to vote, that their votes should count equally, and that a majority should prevail. The rules in the Constitution bound the young nation to these ideals. The Founding Fathers also believed that if citizens were to vote wisely, they needed full, open debate on candidates and issues. The central purpose of the First Amendment, which directs that “Congress shall make no law . . . abridging the freedom of speech,” is to protect this debate. In the early years of the republic the practice largely accorded with the ideal. The first challenge came right after the Civil War when violence and intimidation kept freed slaves from the polls. Con- gress passed two Enforcement Acts in 1870 and 1871 to protect the freed slaves’ right to vote and these were the first election laws. The Supreme Court eventually upheld “the [constitutional] power of [C]ongress to make such provisions as are necessary to secure the fair and honest conduct of an election.”1 A second challenge to “fair and honest conduct” in elections arose when industrial growth created pools of great wealth. By the 1870s railroads were already spending heavily for political favors. In 1873 Jay Gould, owner of the Erie Railroad, explained his businesslike approach to elections. It was the custom when men received nominations to come to me for contributions, and I made them and considered them good paying dividends for the company; in a republican district I was a strong re- publican, in a democratic district I was democratic, and in doubtful districts I was doubtful; in politics I was an Erie railroad man every time.2 As time passed, the amounts of business money in elections grew. So did public perception of corrup- tion, real and imagined. Standard Oil is reported to have given a check for $250,000 (about $6.4 million in current dollars) to reelect McKinley in 1900. In 1905 an investigation of New York insurance companies inflamed the nation. It revealed they had spent hundreds of thousands of dollars electing state and national politicians. A prominent Republican boss, when asked if these contributions bought favors, re- plied: “That’s naturally what would be involved.”3 The investigation also revealed a $50,000 ($1.2 mil- lion in today’s dollars) donation from New York Life to President Theodore Roosevelt in 1904. Roosevelt, who had s.
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Visit http://americansforamendment.org/ for more information. We are not affiliated with MTA, but, this quote is most applicable from https://movetoamend.org/voters-both-parties-object-supreme-court-activism "We’re fed up with the influence of Big Money in our political system. “If anything can unite Americans across party and ideological lines, it should be the arrogant and unprecedented Supreme Court ruling [Citizens United] that corporations [including unions, associations, and other entities] are “persons” with all the protections and rights of the Constitution. In a case trumped up by the court itself, five activist judges reversed 100 years of precedent to allow unlimited, special-interest money to be spent in our local, state and federal elections. Corporations [and other entities] are now free to spend unlimited money on behalf of a candidate they favor, or against one they wish to silence. No grassroots organization will ever be likely to raise enough money for their candidate to compete on a level playing field. Put simply in a New York Times headline, the story comes down to, “Lobbies’ New Power: Cross Us and Our Cash Will Bury You.” As moderate Washington Post columnist E.J. Dionne, Jr. wrote, “The only proper response to this distortion of our political system by ideologically driven justices is a popular revolt.”The choice is simple. Will government answer to the people, or serve special interests? Will elections be an opportunity for the people to speak powerfully to their government, or will elections become competitions among corporate powers, unions and giant foundations to serve their own interests? And what if corporate interests are tied to an unfriendly foreign power? It is difficult to imagine how our democracy would be strengthened by a large infusion of cash into our political process from such governments as Russia, China or Saudi Arabia. Most outrage at this attack on democracy focuses on national politics. However, the ruling also nullifies protections against corporate domination of elections in the 23 states, including Colorado, that model their laws on the federal Constitution.”
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Read Case 2.6 on page 59. Answer the question, "Should corporations have constitutional rights?" Why or why not? Please support your opinion with resources. FACT SUMMARY In an attempt to regulate big WORDS OF THE COURT: Protected Speech money campaign contributions by corporations "The Court has recognized that First Amendment and labor unions in federal elections, Congress protection extends to corporations.... When Govenacted the Bipartisan Campaign Reform Act ernment seeks to use its full power, including the in 2002 (commonly referred to as the "McCain- criminal law, to command where a person may get Feingold Act"), which imposed a wide variety his or her information or what distrusted source he of restrictions on "electioneering communica- or she may not hear, it uses censorship to control tions," including an outright ban on issue advocacy thought. This is unlawful. The First Amendment advertising or issue ads paid for by corporations confirms the freedom to think for ourselves. ... and labor unions. Citizens United, a conservative Modern day movies, television comedies, or skits nonprofit corporation, produced a 90 -minute docu- on Youtube.com might portray public officials or mentary called Hillary: The Movie, which criti- public policies in unflattering ways. Yet if a covered cized then-Senator Hillary Clinton and questioned transmission during the blackout period creates the her fitness for office. (Figure 2.1 depicts the poster background for candidate endorsement or opposiart that Citizens United used to promote its politi- tion, a felony occurs solely because a corporation, cal documentary.) The group planned to show the other than an exempt media corporation, has made film on cable TV during the upcoming 2008 Dem- the 'purchase, payment, distribution, loan, advance, ocratic presidential primaries. Before releasing the deposit, or gift of money or anything of value' in film, Citizens United brought an action in the U.S. order to engage in political speech. Speech would District Court for the District of Columbia against be suppressed in the realm where its necessity is the Federal Election Commission (FEC), the most evident: in the public dialogue preceding a real agency in charge of enforcing federal election law. election. Governments are often hostile to speech, The U.S. district court ruled in favor of the FEC, but under our law and our tradition it seems stranger and Citizens United appealed to the U.S. Supreme than fiction for our Government to make this politiCourt, arguing that the campaign reform finance cal speech a crime. Yet this is the statute's purpose law violated the First Amendment on its face and and design." when applied to Hillary: The Movie and to the ads promoting the film. Case Questions SYNOPSIS OF DECISION AND OPINION The 1. What if Citizens United had published a book U.S. Supreme Court reversed the lower court and cizing Hillary Clinton? Does the McCainruled in favor of Citizens United by a 5-4 vote. Fe.
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18 Congressional Digest n www.CongressionalDigest.com n June 2020 “. . . the Electoral College . . . no longer fits our nation’s needs.” Continued on page 20 The Pros and the Electoral Should the United States change the way it elects presidents? Honorable Steve Cohen United States Representative, Tennessee, Democrat Rep. Cohen, of Tennessee’s Ninth Congressional District, was elected to the U.S. House of Representatives in 2006. Prior to his election to Congress, he served in the Tennessee State Senate for 24 years. He has been a leader on numerous legislative issues including civil rights, universal health care, transportation and education. Currently he is a mem- ber of the following House committees: Judiciary; Transportation and Infrastructure; and Science, Space and Technology. The following is from his Jan. 3, 2019, statement introducing a constitutional amendment to eliminate the Electoral College. Madam Speaker, I rise today in support of a constitutional amendment I introduced today to eliminate the electoral college and provide for the direct election of our nation’s President and Vice President. As Founding Father Thomas Jefferson said, “I am not an advocate for frequent changes in laws and constitutions, but 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 discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might well as require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors.’’ In 2016, for the second time in recent memory, and for the fifth time in our history, the national popular vote winner did not become President because of the Electoral College. This has happened twice to candidates from Tennessee: Al Gore and An- drew Jackson. The reason is because the Electoral College, established to prevent an uninformed citizenry from directly electing our nation’s President, no longer fits our nation’s needs. When the Founders established the Electoral College, it was in an era of limited nationwide communication. The electoral structure was premised on a theory that citizens would have a better chance of knowing about electors from their home states than about presidential candidates from out-of-state. Electors were supposed to be people of good judgment who were trusted with picking a qualified President and Vice President on behalf of the people. They held the responsibility of choosing a President because it was believed that the general public could not be properly informed of the candidates and the values each held. That notion — that citizens should be prevented from directly electing the Pres- ident — is antithetical to our understanding of democra ...
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18 Congressional Digest n www.CongressionalDigest.com n June 2020 “. . . the Electoral College . . . no longer fits our nation’s needs.” Continued on page 20 The Pros and the Electoral Should the United States change the way it elects presidents? Honorable Steve Cohen United States Representative, Tennessee, Democrat Rep. Cohen, of Tennessee’s Ninth Congressional District, was elected to the U.S. House of Representatives in 2006. Prior to his election to Congress, he served in the Tennessee State Senate for 24 years. He has been a leader on numerous legislative issues including civil rights, universal health care, transportation and education. Currently he is a mem- ber of the following House committees: Judiciary; Transportation and Infrastructure; and Science, Space and Technology. The following is from his Jan. 3, 2019, statement introducing a constitutional amendment to eliminate the Electoral College. Madam Speaker, I rise today in support of a constitutional amendment I introduced today to eliminate the electoral college and provide for the direct election of our nation’s President and Vice President. As Founding Father Thomas Jefferson said, “I am not an advocate for frequent changes in laws and constitutions, but 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 discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might well as require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors.’’ In 2016, for the second time in recent memory, and for the fifth time in our history, the national popular vote winner did not become President because of the Electoral College. This has happened twice to candidates from Tennessee: Al Gore and An- drew Jackson. The reason is because the Electoral College, established to prevent an uninformed citizenry from directly electing our nation’s President, no longer fits our nation’s needs. When the Founders established the Electoral College, it was in an era of limited nationwide communication. The electoral structure was premised on a theory that citizens would have a better chance of knowing about electors from their home states than about presidential candidates from out-of-state. Electors were supposed to be people of good judgment who were trusted with picking a qualified President and Vice President on behalf of the people. They held the responsibility of choosing a President because it was believed that the general public could not be properly informed of the candidates and the values each held. That notion — that citizens should be prevented from directly electing the Pres- ident — is antithetical to our understanding of democra.
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Article in The Times of Israel by Andy Blumenthal: This is not about free speech but about a takeover of America. These vile terrorist supporters are using our very Constitution against us as they falsely cry Islamophobia and free speech, all the while impeding, threatening, and committing acts of violence against students, citizens, and an orderly democracy. It is time for Americans to stop being complacent or fooled by their terrorist talking points and rhetoric of hate, racism, and Communist ideology. In the face of this evil, we are finally seeing Patriots emerge, proudly carrying and defending the American flag, singing the Star-Spangled Banner, and boldly chanting USA!
America Is the Target; Israel Is the Front Line _ Andy Blumenthal _ The Blogs...
America Is the Target; Israel Is the Front Line _ Andy Blumenthal _ The Blogs...
Andy (Avraham) Blumenthal
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*Navigating Electoral Terrain: TDP's Performance under N Chandrababu Naidu's Leadership*
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*Navigating Electoral Terrain: TDP's Performance under N Chandrababu Naidu's ...
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Uddhav Thackeray is a well-known figure in Maharashtra politics and is the national president of the Shiv Sena (Uddhav Balasaheb Thackeray) party. Since 2002, Uddhav has been involved in Maharashtra politics. Uddhav Thackeray was a journalist for the Marathi weekly Dainik Hindu before going into politics.
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This article aims to demonstrate that the Lula government is faced with two major challenges in its effort to promote Brazil's economic and social development. The first challenge, of an economic nature, is represented by the obstacles that exist with the spending cap policy, despite the flexibility provided by the fiscal framework and the existence of an independent Central Bank, which make the Brazilian government unable to coordinate its fiscal and monetary policies, make public investments in the expansion of the economy and obtain macroeconomic stability and, the second challenge, of a political nature, is represented by the obstacles existing in the National Congress due to the fact that it does not have a majority in parliament, which prevents the federal government from putting its national developmental project into practice and fully meet social demands. For Brazil's progressive forces to re-elect President Lula in the 2026 presidential elections and obtain a parliamentary majority in the National Congress committed to political, economic and social advances, the Lula government will have to be successful on the economic front, promoting the expansion of the economy, increasing significantly generating jobs and income, keeping inflation under control and meeting the maximum social demands that benefit, above all, the country's underserved populations. Brazil's progressive forces need to commit, starting from the 2024 municipal elections, towards to elect the maximum number of mayors and councilors committed to Brazil's political, economic and social advances. These are the conditions to prevent, in 2026, right-wing extremists from regaining the Presidency of the Republic, expanding their participation in state governments and the National Congress and putting their nefarious anti-social and anti-national project into practice.
THE OBSTACLES THAT IMPEDE THE DEVELOPMENT OF BRAZIL IN THE CONTEMPORARY ERA A...
THE OBSTACLES THAT IMPEDE THE DEVELOPMENT OF BRAZIL IN THE CONTEMPORARY ERA A...
Faga1939
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India. CLICK:- https://firstindia.co.in/ #First_India_NewsPaper
10052024_First India Newspaper Jaipur.pdf
10052024_First India Newspaper Jaipur.pdf
FIRST INDIA
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KING VISHNU BHAGWANON KA BHAGWAN PARAMATMONKA PARATOMIC PARAMANU KASARVAMANVA...
KING VISHNU BHAGWANON KA BHAGWAN PARAMATMONKA PARATOMIC PARAMANU KASARVAMANVA...
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Transformative Leadership: N Chandrababu Naidu and TDP's Vision for Innovatio...
The political system of the united kingdom
The political system of the united kingdom
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America Is the Target; Israel Is the Front Line _ Andy Blumenthal _ The Blogs...
America Is the Target; Israel Is the Front Line _ Andy Blumenthal _ The Blogs...
422524114-Patriarchy-Kamla-Bhasin gg.pdf
422524114-Patriarchy-Kamla-Bhasin gg.pdf
*Navigating Electoral Terrain: TDP's Performance under N Chandrababu Naidu's ...
*Navigating Electoral Terrain: TDP's Performance under N Chandrababu Naidu's ...
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Unveiling the Characteristics of Political Institutions_ A Comprehensive Anal...
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Politician uddhav thackeray biography- Full Details
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THE OBSTACLES THAT IMPEDE THE DEVELOPMENT OF BRAZIL IN THE CONTEMPORARY ERA A...
THE OBSTACLES THAT IMPEDE THE DEVELOPMENT OF BRAZIL IN THE CONTEMPORARY ERA A...
10052024_First India Newspaper Jaipur.pdf
10052024_First India Newspaper Jaipur.pdf
Corporate Personhood
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Are Corporations People?
Presentation by Jeff Borg & Ryan Rasmussen Constitution Day September 17, 2010
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Negative Reaction to
Citizens United
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Negative Reaction to
Citizens United
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“ Do you
support or oppose the recent ruling by the Supreme Court that says corporations and unions can spend as much money as they want to help political candidates win elections?” Source: Washington Post-ABC News Poll (February 8, 2010)
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