“As Maine Goes”: A Bipartisan Call To Overturn Citizens United
When the Maine State House voted 111-33 this week to call for a constitutional amendment to overturn the US Supreme Court’s ruling in Citizens United v. Federal Election Commission, the support for this bold gesture was notably bipartisan. Twenty-five Republicans joined four independents and all eighty-two Democrats to back the call.
Similarly, when the Maine State Senate voted 25-9 for the resolution, five Republicans joined with nineteen Democrats and independent Senator Richard Woodbury to “call upon each Member of the Maine Congressional Delegation to actively support and promote in Congress an amendment to the United States Constitution on campaign finance.”
What happened in Maine this week was a big deal for several reasons:
1. Maine became the thirteenth state to urge Congress to develop an amendment to address the money-in-politics crisis that is unfolding as a result of Supreme Court rulings that that have effectively struck down campaign-finance regulations and ushered in a new era of unlimited spending by wealthy individuals and corporate interests. Maine joins West Virginia, Colorado, Montana, New Jersey, Connecticut, Massachusetts, California, Rhode Island, Maryland, Vermont, New Mexico and Hawaii in calling for an amendment. Washington, DC, has also backed the drive.
2. The swift action by both houses of the Maine legislature, coming less than a month after West Virginia urged Congress to act, confirms the momentum that is building for the movement, which has been backed by almost 500 communities nationwide. Though media coverage has been scant, it is rare in recent history for a grassroots movement to amend the constitution to have attracted so much official support at the municipal, county and state levels nationwide.
3. As in a number of other states, the significant level of bipartisan support in Maine provides a reminder that this movement is attracting support from across the partisan and ideological spectrum.
That final point merits particular attention.
Because of the often narrow and simplistic way in which political debates are covered in the United States—if they are covered at all—there is a tendency to think that all Democrats are reformers, while all Republicans are backers of big money in politics. That’s not the case. Polling has consistently shown that Republicans support for restrictions on corporate spending in elections very nearly parallels that of Democrats. And, while there are too many national Democrats who buy into big-money equations, there are Republicans who have begun to raise the right objections—and point to the right answers. Notably, Congressman Walter Jones Jr., a very conservative Republican congressman from North Carolina, is a cosponsor—along with Kentucky Democrat John Yarmuth—of a constitutional amendment proposal that would overturn key provisions of the Citizens United decision and establish that campaign contributions can be regulated by Congress and state legislatures.
Bipartisan support for reform is more evident in the states. State legislators are active at the grassroots, knocking on doors and meeting constituents face to face. They recognize the deep frustration with a political process that seems to have spun out of control, and they reject the premise that corporations and wealthy individuals have a constitutional right to buy elections.
“There has to be a way to secure First Amendment rights to speech and still control the amount of dollars spent on campaigns,” says Maine state Senator Edward Youngblood, a Republican who went so far as to appear at rallies calling for a constitutional amendment. “It should be plain to everyone after the election we’ve just had, which broke records for spending, that the system isn’t getting better.”
Youngblood is right, and the group that organized support for reform in his state, Maine Citizens for Clean Elections, wisely reached out to Democrats, Republicans, independents and third-party backers in pursuit of a “multi-partisan” coalition.
The approach has excited national groups such as Public Citizen’s Democracy Is for People Campaign, Move to Amend and Free Speech for People. Indeed, Free Speech for People’s Peter Schurman declared, “This terrific bi-partisan vote is a huge win, not only for Maine, but for all Americans. Republicans, independents, and Democrats alike are clamoring for a constitutional amendment to reverse Citizens United and bring back real democracy. We’re thrilled that Maine is now helping lead the way forward.”
He’s right, especially when it comes to the emphasis on drawing support from all parties for a reform that seeks to restore genuine competition based on ideas—as opposed to a shouting match between billionaires.
By: John Nichols, The Nation, May 1, 2013
“Fighting Big Money With Big Money”: Until Citizens United Overturned, Best Way Out Of Our Dilemma Is To Democratize The Money Game
If you are tired of seeing the debate on guns dominated by the National Rifle Association and yearn for sensible weapons laws, you have to love New York Mayor Michael Bloomberg. When most politicians were caving in or falling silent, there was Bloomberg, wielding his fortune to keep hope alive that we could move against the violence that blights our nation.
But imagine that you also believe the Supreme Court’s Citizens United decision was a disaster for representative government because a narrow majority broke with long precedent and tore down the barriers to corporate money in politics. The decision also encouraged the super-rich to drop any inhibitions about using their wealth to push their own political agendas.
When it comes to policy, I fall into both of these camps — pro-Bloomberg on guns but anti-Citizens United. So I have been pondering the issue of consistency or, as some would see it, hypocrisy.
Put aside that the hypocrisy question rarely is raised against those who defend unlimited contributions except when the big bucks are wielded against them. Can I be grateful for what Bloomberg is doing and still loathe Citizens United? I say: Yes.
Are opponents of Citizens United and the new super PAC world required to disown those who use their wealth to fight for causes we believe in? I say: No.
To begin with, even before Citizens United, the regulations on “issue advertising” — most of what Bloomberg is doing now — were quite permissive for activities outside the period shortly before elections. The Supreme Court’s 1976 Buckley v. Valeo decision already had given wealthy individuals such as Bloomberg a great deal of leeway.
And, unlike those who donate large amounts anonymously, Bloomberg is entirely open about what he’s up to. He is simply offsetting the political might of the arms manufacturers.
Supporters of universal background checks and bans on assault weapons and high-capacity magazines simply cannot be asked to repudiate the help they need to face down the power of the gun lobby.
To put it in an unvarnished way, I’m glad some members of Congress will have to think about whether enraging Bloomberg is more dangerous than angering the NRA. And Bloomberg’s advertising serves to remind politicians inclined to yield to the gun lobby that their constituents support universal background checks by margins of around 9 to 1.
The Supreme Court has stuck us with an unsavory choice. If the only moneyed people giving to politics are pushing for policies that favor the wealthy, we really will become an oligarchy. For now, their pile of dough needs to be answered by progressive rich people who think oligarchy is a bad idea.
But playing the game as it’s now set up should not blind anyone to how flawed its rules are. Politics should not be reduced to a contest between liberal rich people and conservative rich people. A donor derby tilts politics away from the interests and concerns of the vast majority of Americans who aren’t wealthy and can’t write checks of a size that gets their phone calls returned automatically. A Citizens United world makes government less responsive, less representative and more open to corruption.
That’s why many who welcome the continued political engagement of President Obama’s campaign organization are nonetheless concerned about its dependence on big-dollar givers. This creates a troubling model that other politicians are certain to follow. It would be far better if Obama concentrated primarily on building off the pioneering work his campaigns did in rallying small donors.
This points to the larger danger for those who tout their tough-mindedness about using the current system for progressive purposes while still claiming to be reformers: Politicians are growing so comfortable with the status quo that they largely have given up trying to change it.
Two who haven’t are Reps. David Price (D-N.C.) and Chris Van Hollen (D-Md.), sponsors of the Empowering Citizens Act. It would provide a 5 to 1 match from public funds for contributions of $250 or less, thus establishing strong incentives for politicians to rely on smaller donors while offering the rest of us a fighting chance against the billionaires. Harnessed to new technologies, this approach could vastly expand the number of citizens who are regular contributors. Similar reforms are being proposed at the state level in New York, and Obama’s organization says it will push to get them passed.
Until Citizens United is overturned, as it should be, the best way out of our dilemma is to democratize the money game.
So, yes, let’s cheer for Mike Bloomberg. But let’s also insist on creating a system in which we will no longer need his money.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, March 27, 2013