This section of the letter gives the historic background that SCOTUS eliminated:
The case overturned elements of the Bipartisan Campaign Reform Act of 2002 (also known as the “McCain-Feingold Act” or “BCRA”) pertaining to the corporate financing of electioneering communications in the run-up to primary and general elections. The Supreme Court ruled that these restrictions on corporate political spending violated the First Amendment’s free speech protections, thereby allowing corporations to spend unlimited amounts of money on elections.
In effect, the Citizens United decision overturned a century of jurisprudence, dating back to the Tillman Act of 1907, which supported Congressional authority to restrict corporate political spending on federal elections. With respect to the BCRA, the decision directly overrules key provisions of McConnell v. Federal Election Commission, 540 U.S. 93 (2003), which upheld the BCRA provisions that prevented direct expenditures by corporate entities on electioneering communications. Importantly, Citizens United kept intact other critical rulings in McConnell regarding disclosure requirements. However, by its decision the Court gave corporations the same rights under the First Amendment as individuals, and thereby severely limited Congress’s power to regulate corporate political spending and invalidated bipartisan, democratically-enacted restrictions on corporate behavior.
Hopefully this brings a start to an action which will eventually eliminate the Super Pacs and bring our elections back to the majority voters.
Hopefully, this won’t become a political volley between Republicans and Democrats.
Just a few days after Los Angeles California voted in a resolution that did not let Corporations be considered individuals, Bernie Sanders has proposed a Constitutional Amendment which will wipe out the Citizens United decision by the Supreme Court.
Here it is:
SECTION 1. The rights protected by the Constitution of the United States are the rights of natural persons and do not extend to for-profit corporations, limited liability companies, or other private entities established for business purposes or to promote business interests under the laws of any state, the United States, or any foreign state.
SECTION 2. Such corporate and other private entities established under law are subject to regulation by the people through the legislative process so long as such regulations are consistent with the powers of Congress and the States and do not limit the freedom of the press.
SECTION 3. Such corporate and other private entities shall be prohibited from making contributions or expenditures in any election of any candidate for public office or the vote upon any ballot measure submitted to the people.
SECTION 4. Congress and the States shall have the power to regulate and set limits on all election contributions and expenditures, including a candidate’s own spending, and to authorize the establishment of political committees to receive, spend, and publicly disclose the sources of those contributions and expenditures.
- Bernie Sanders Introduces OCCUPIED Constitutional Amendment To Ban Corporate Money In Politics (thinkprogress.org)
- Sanders Files ‘Saving American Democracy Amendment’ – thanks to VK (jhaines6.wordpress.com)
- Reversing ‘Citizens United’ (wcward57.wordpress.com)
- LA City Council to Vote on Citizens United Declaration (blogs.wsj.com)