“This SCOTUS Destroyed America”: How Citizens United Is Ruining More Than Our Elections
In the years since conservative Supreme Court Justice Anthony Kennedy’s landmark Citizens United v. FEC decision gave wealthy interests the political power they’d apparently lacked, the media has mostly been interested in how the ruling was affecting elections. On the presidential level, the consensus, at least among political scientists, is that the impact has been marginal. But in less rarefied air, like the grubby environs of Congressional campaigns or the sometimes sordid realm of state and municipal politics, the consequences of the ruling have been substantial. It is quite likely that dozens of state governments in the U.S. will reflect Kennedy’s vision — as well as that of the Koch brothers — for decades to come.
What has gone less-examined, however, is the role that dark money — which is spending by groups that are supposedly devoted to “social welfare,” and that consequently don’t have to reveal their donors — has played since 2010 in the crafting of legislation. This is somewhat odd, in retrospect, since the ostensible point of winning an election, after all, is to legislate. But perhaps the political and media class’s lack of attention to the new reality of sausage-making can be attributed to a campaign-finance version of climate change fatalism. One can gaze up at only so many seemingly insurmountable obstacles before wondering if one’s time would be better spent coming to terms with giving up.
And make no mistake: The reality of lawmaking in post-Citizens United Washington is enough to make even the most stalwart campaign finance reformers wonder if their advocacy and organizing is little more than professionalized windmill tilting. As the Huffington Post showed this week in a lengthy, impressive and profoundly dispiriting report, the walls separating the interests of the wealthy from the legislative process that a century of reformers fought to build have been leveled. They were never as lofty or sturdy as reformers would have wished, of course. But they now exist as little more than rubble and dust.
One of the things the report from HuffPo’s Paul Blumenthal and Ryan Grim makes clear is the way Citizens United’s pernicious effect on lawmaking is at once deliberately opaque and ploddingly simple. To take one of the many examples of now-kosher corruption they detail as a case in point, look at the story of the Property Casualty Insurers Association of America (PCI) and the 2014 election. Blumenthal and Grim note that PCI is lucky enough to have two former aides to Speaker of the House John Boehner on its lobbying team. Even better for PCI, the trade group had the foresight to donate significant chunks of money as of late to pro-Republican outside groups: $185,000 since 2012, they report.
But they weren’t done there. In addition to all of those obviously stringless donations to arms of the GOP machine, PCI also decided to give $75,000 to Crossroads GPS, the Karl Rove-affiliated “social welfare” nonprofit, and $25,000 to the Kentucky Opportunity Coalition, a “non-partisan” nonprofit. Both organizations, according to HuffPo, are run by Steven Law, who just so happens to be a member of now-Senate Majority Leader Mitch McConnell’s “inner circle.” Incidentally, both groups also happened to spend large amounts of money to support McConnell in his 2014 campaign against Democrat Alison Lundergan Grimes. Outside groups spent $1.3 million in support of Grimes and $16.4 million in opposition, while McConnell got $5.7 million outsider bucks in his favor and $10.5 million going the other way.
For PCI, the pro-McConnell donations ended up being money well spent. McConnell obliterated Grimes after a campaign that had been, for the most part, surprisingly competitive. And because GOP Senate candidates in Iowa and Georgia, who also were supported by outside groups using PCI money, defeated their Democratic opponents, too, McConnell became the new majority leader of the Senate. And wouldn’t you know it, one of the first things the McConnell-run Senate did with the reins of power was to pass a provision rolling back capital standards on insurance companies that were implemented by Dodd-Frank. Believe it or not, this was an act of deregulation that PCI strongly supported.
Now, is this all proof that McConnell engaged in a quid pro quo with PCI and other members of the insurance industry? That the current Senate majority leader told the folks at PCI to make a gesture or two (or three, or 4,000) to show how much they care about supporting a “coalition” to enhance Kentucky’s “opportunity”? No, it’s not. It may be suggestive — and to the jaundiced eye, extremely so — but it’s hardly irrefutable evidence. As defenders of these types of arrangements are quick to note, it’s eminently possible that removing obscure provisions of Dodd-Frank just happens to be an issue on which the Kentucky senator and big insurance fortuitously agree.
But what’s lost in all the fuzziness, which Blumenthal and Grim deftly filter out, is that the world Justice Kennedy’s decision created was, by his own admission, supposed to be one in which even the appearance of corruption was negated. Democracy would suffer no harm, Kennedy assured us, by letting “independent” groups like Crossroads GPS or the Kentucky Opportunity Coalition spend at will with precious little regulation. “[I]ndependent expenditures do not lead to, or create the appearance of, quid pro quo corruption,” Kennedy writes in the majority opinion for Citizens United. “That speakers may have influence over or access to elected officials does not mean that those officials are corrupt,” he assures. “And the appearance of influence or access will not cause the electorate to lose faith in this democracy.”
At the time that the ruling was delivered, Kennedy’s faith that access and influence would not corrupt the system was exceeded in curiousness only by his belief that the American people would feel similarly. But as the years have passed, and as studies showing the U.S. to be a donor-run system akin to oligarchy have gone mainstream, his declaration has begun to make a bit more sense. Just so long as “the electorate” is defined as the lobbying industry and its clients, his prediction looks downright clairvoyant. I bet the fine people at the Property Casualty Insurers Association of America — who are probably investing right now in the Jeb Bush-affiliated Right to Rise “social welfare” group — would strongly agree.
By: Elias Isquith, Salon, February 28, 2015
“Voting Rights Should Not Precede Gun Rights”: Conservatives Would Let Felons Vote And Pack Heat
It’s an idea so incredibly crazy it just might work: Restoring voting rights to non-violent felons—if they get back their right to own guns, too.
For some tough-on-crime conservatives, the right to bear firearms is a right that is as fundamental as the right to vote. Capitalizing on this sentiment, the strategy goes, could lead to a larger compromise on felons’ rights.
“If someone asked me if I would rather vote for mayor or have a gun, I’d rather have a gun,” said Grover Norquist, president of Americans for Tax Reform and a signatory to the conservative Right on Crime criminal justice reform coalition.
Criminal-justice reform is a hot topic in Washington, D.C. this Congress, driven by the prospect of bipartisan collaboration in an era of divided government. Leading lawmakers in both Republican and Democratic camps have proposed legislation that would address police militarization, civil asset forfeiture, and mandatory minimum sentences.
Groups such as the Brennan Center and the ACLU have also been working on reenfranchising felons in some way.
Sen. Rand Paul, the Kentucky Republican, proposed a bill last year that would restore voting rights for nonviolent felons, joining the ranks of Democrats such as Sen. Ben Cardin who believe that at least some felons should have their voting rights restored.
However, advocates of criminal justice reform are nervous about Sen. Chuck Grassley, who heads the Senate Judiciary Committee, and has not been gung ho about some of these ideas. He’s skeptical about reforms to mandatory minimums, for example, viewing them as a source of “stability in the criminal justice system.”
The thinking goes that Grassley—a senator with an “A” rating from the National Rifle Association—might be brought to the negotiating table on voting rights if the right to bear firearms were in the mix (Grassley’s office did not comment for this article).
It’s a long-shot idea, and in its embryonic stage. But tough-on-crime conservatives aren’t likely to budge on the restoration of voting rights to felons—who, they suspect, will not vote for their candidates if re-enfranchised—if they don’t get something in return.
“It is the obvious compromise,” Norquist said. “Many conservatives willing to restore voting rights would not be willing to suggest Second Amendment rights are second-class rights… In talking to conservatives, some are more or less excited about speeding up voting rights restoration. But all, when asked, agree voting rights should not precede gun rights.”
Former New York City Police Commissioner Bernard Kerik should know something about the way the criminal justice treats felons—he’s also an ex-convict.
“[Lawmakers] should give at least equal attention to voting rights, Second Amendment rights… that you are deprived of as a result of the conviction,” Kerik told The Daily Beast.
A former cop, Kerik was appointed by the Bush administration to be an interim Iraqi minister of interior following the U.S. invasion, and was also once nominated to be U.S. Secretary of Homeland Security. He withdrew his nomination after he acknowledged failing to pay taxes for a nanny he hired. After pleading guilty to charges relating to this tax issue, he was sentenced to several years in federal prison.
The theft of oysters or harvesting too many fish commercially can make you a felon, Kerik said. And, as he too well knows, so can a federal tax charge.
“I possessed a firearm for this country for 35 years. I’ve used a firearm personally when my partner was shot in a gun battle… I was convicted of false statements on tax charges primarily relating to my children’s nanny, but I can never possess firearms again for the rest of my life. Is it fair? No.” Kerik told The Daily Beast.
Kerik is also planning to launch a nonprofit organization to press for criminal justice reform in the next several weeks.
Among libertarians working on the criminal justice issue, there is some initial support for the idea, even in its early stages.
“Obviously, we’d need to see details of any proposal, but we’d be very likely to support a bill that restored voting and Second Amendment rights to nonviolent offenders who made youthful mistakes,” said David Pasch, spokesman for Generation Opportunity, a Koch-backed youth advocacy group.
Clark Neily, a senior attorney at the libertarian Institute for Justice, said he has heard about the prospect of combining voting and Second Amendment in a broader effort to restore rights to some felons. He approves of rights restoration broadly, but disapproves of the idea of a political trade on the issues.
“If what is going on is trying to limit the extent to which people are dispossessed of political rights, great. But if it’s a political ploy, I find it distasteful,” he said. “If it is in fact a trade-off, I don’t like the idea of horse-trading when it comes to liberties, or constitutional rights.”
Much of the momentum for criminal justice reform on the right has been created due to renewed efforts by libertarians like the Koch brothers. However, many of the major groups operating in this policy area—such as the Charles Koch Institute, the Institute for Justice nor the Right on Crime coalition—have yet to take a formal stance on the restoration of Second Amendment rights to nonviolent felons.
Under federal law, felons lose their right to bear firearms, unless their rights are individually restored by a federal agency or through litigation. Felons are subject to the laws of their state when it comes to their right to vote after their time is served. In 11 states, felons lose their right to vote forever, while in two states felons continue to have the right to vote even while in prison. The remainder of the states have some sort of limitation on voting rights for felons.
For now, as the idea is being mulled, the legislative prospects for the trade-off are not good. If any compromise is made on the issue, it will likely be first formed off of Capitol Hill by outside criminal justice reform groups, away from the political poison pill of restoring rights to felons, even nonviolent ones.
“Tons of momentum in the public for criminal justice reform, but not nearly as much in the Republican caucus,” said a top Senate aide who works on the issue. “Many of the Republican caucus were elected when tough-on-crime was a driving force.”
Prison reform, civil asset forfeiture reform, and a juvenile justice bill are far more likely to pass in the current political environment, the aide said.
But Norquist argued that if progressive lawmakers are serious about helping felons rejoin society, the restoration of firearms rights should be on the table.
“If someone thinks [ex-felons] should not be trusted with a gun, why would you trust him with voting for the government, which is the legal monopoly on force?” he said.
By: Tim Mak, The Daily Beast, February 8, 2015
“More Worried About Their Reputation”: Republicans Don’t Really Care About Inequality
The Republican Party appears to accept that poverty and the inequities of wealth and political power that have prevailed over the last 15 years are issues it can no longer ignore. Not without paying a price. After all, Mitt Romney’s cool indifference to the everyday struggles of working Americans went a long way toward sinking his 2012 campaign.
But expressing concern about inequality is one thing. Doing something about it is another. The GOP so far appears more worried about its reputation as being the party of the very, very rich, than the empirical reality of its being the party of the very, very rich.
At a recent Republican gathering, Senator Ted Cruz of Texas gave voice to the party’s incongruity of perception and reality. “I think Republicans are and should be the party of the 47 percent,” he said. Later at that same event, billionaire brothers Charles and David Koch announced plans to spend nearly $1 billion through their political network in the next race for the White House, with virtually all of it going to the Republican Party’s nominee.
If the GOP were truly troubled by historic rates of income and wealth inequality, it would rubber-stamp President Barack Obama’s plan to raise taxes on the wealthy and use the proceeds to fund infrastructure projects like roads, bridges, waterways, and sewer systems. Public investments like these have historically garnered broad support, because they are neutral vehicles for achieving the goals of statecraft. Such expenditures would not only create hundreds of thousands of seasonal jobs, as well as many thousands of permanent jobs, but also stimulate economic activity on a national scale. And they’d pay for themselves over time.
The president’s $4 trillion fiscal budget would tap into offshore accounts and Wall Street transactions that only the very, very rich possess and thus care about. In addition to public works, which Obama has been calling for since his took office, increased revenues would be used for free community college and universal child care.
This, or something like it, is what serious people talk about if they are serious about combating inequality. Progressive redistribution, however bitter-tasting the phrase may be, must be on the table. But all we are likely to hear, especially from Republicans aiming high, are platitudes steeped in conservative morality, homilies to the power of private enterprise freed from the bonds of bureaucratic red tape, or the benefits of cutting taxes. Really. Anything. Anything at all to avoid tax hikes even on the treasonous few who hide their money offshore.
All one needs to do to see the difference between what Republicans are saying and Republicans are doing is look at the current session of Congress. The very first item on Senate Majority Leader Mitch McConnell’s to-do list was passing a bill authorizing the construction of the Keystone XL Pipeline. That project would indeed create thousands of seasonal jobs, but only about 40 permanent ones. It would have virtually no impact on the U.S. economy. Moreover, the public would get nothing in return, unless you count greater levels of global warming.
That’s not to mention other items being pushed which have nothing to do with serving the greater good. A short list: House Republicans have introduced legislation to restrict abortion (the melodramatically titled “fetal-pain bill”), to dismantle part of the Dodd-Frank financial reform law, and to starve to death the president’s modest executive action on illegal immigration.
Even if the Republicans really did believe, as Jeb Bush is trying to convince us, that addressing inequality is the right thing to do, don’t bet on any action. Doing the right thing had rarely been an incentive, because this is a party now committed to total warfare against Obama and the Democratic agenda. The only way the Republicans will take action on inequality is if they are forced to, but even then, they’ll likely do everything short of raising taxes on the very, very rich.
That’s why we should keep our eyes on the minimum wage and paid sick leave. House Speaker John Boehner has said he’d rather kill himself than raise the minimum wage. Conservatives are poised to attack Republicans entertaining mandated sick days. But in terms of inequality, these are the easiest ways to say you’ve done something without raising taxes on the very, very rich.
So yes, inequality is emerging as a major issue in the 2016 presidential race, and Jeb Bush, Ted Cruz and others are going to try hard to convince us that the Republican Party cares, really cares, about the plight of the poor and an ever-shrinking middle class. But remember the last time a major candidate talked about such “compassionate conservatism.” By the end of his second term, the greatest beneficiaries of that compassion were the very, very wealthy.
By: John Stoehr, Managing Editor of The Washington Spectator; The National Memo, February 6, 2015