WASHINGTON – In response to today’s Supreme Court’s decision in McCutcheon v. FEC, a campaign finance case with vast implications for our democracy, People For the American Way’s executive vice president Marge Baker released the following statement:
Our nation’s wealthiest people don’t need even more political influence, but that’s what today’s decision hands them. The Supreme Court has given its stamp of approval to a government unduly influenced by the rich and powerful.
As with the 2010 Citizens United decision, the consequences for our democracy of today’s deeply misguided decision will be grave, opening the door for wealthy donors to give, in aggregate, millions of dollars in direct contributions in a single election cycle. The Roberts Court has once again proven itself to be ideologically-driven, going out of its way to protect the interests of the most powerful among us at the expense of everyday Americans.
But big threats create big opportunities. From efforts to amend the Constitution to overturn Citizens United and related cases to small donor public financing proposals, a range of mutually reinforcing, pro-democracy reforms are coming together in communities across the country. Despite today’s damaging decision, Americans remain committed to restoring a political system of, by, and for the people.
Last year our affiliate People For the American Way Foundation released an in-depth edit memo outlining the particulars of McCutcheon within the context of the Supreme Court’s past rulings on campaign finance. We also filed an amicus brief in the case.
At noon today, PFAW members will join other area activists in front of the Supreme Court at a rally in reaction to the McCutcheon v. FEC ruling. More than 130 other events across the country are also planned for the day of the ruling, including rallies in New York, Los Angeles, Chicago, Philadelphia, Boston, Dallas, Houston, Seattle, and many more.
Today PFAW is also joining partner advocacy organizations in sending a letter to every member of Congress urging them to cosponsor constitutional amendment resolutions that would restore the authority of Congress and the states to effectively regulate election spending.
PFAW executive vice president Marge Baker and PFAW senior fellow Jamie Raskin are both available for interviews with the press about the McCutcheon case. To arrange an interview, please contact Layne Amerikaner at email@example.com / 202-467-4999.
Rising from her chair in the Senate chamber of the capitol building in Concord, New Hampshire – the country’s oldest chamber still in use, housing democratic debate since 1819 – State Senator Martha Fuller Clark (D-21) was unequivocal in her warning:
“Citizens United is threatening our citizen-led legislature.”
Senator Clark’s words came yesterday afternoon as she spoke out in favor of SB 307, a bill that she introduced. The legislation calls for a committee to examine the different constitutional amendments that are under consideration in the 113th Congress that would overturn Citizens United. But in its most recent form, SB 307 needed a corrective amendment to realign the bill towards its original intent. The amendment would have declared that the committee would assume a constitutional amendment was necessary and discuss which proposal would be best, rather than to debate whether or not a constitutional amendment was needed in the first place.
By this point, the people of New Hampshire had already conveyed, through organizing, through polling, through walking across the state in the dead of winter, through the 48 town hall meetings that had just passed Citizens United amendment resolutions earlier in March, that the debate was long over: the country needs constitutional reform, and it needs it now.
Unfortunately, Senator Clark’s corrective measure failed on a 12-12 vote, with only one Republican, Senator Russell Prescott (R-23), crossing party lines to vote in favor. Russell stated on the Senate floor,
“I just can’t make the leap… that a corporation has the same First Amendment rights as people.”
Notably, State Senator Jeanie Forrester (R-2) – whose district includes Bridgewater, Bristol, Dorchester, Groton, Piermont, Plymouth, and Tilton, towns that all had just voted in favor of an amendment – refused to support Senator Clark’s correction.
However not all hope is lost for New Hampshire to become the 17th state to call for a constitutional amendment this legislative session. SB 307 passed with the incorrect intent of examining the need for an amendment. It will most likely be paired with a much stronger version of the bill from the House in conference committee, which could result in the stronger measure coming back to the Senate. So it’s important to keep the pressure up.
In the face of such obstruction, a quote from Winston Churchill comes to mind:
“The truth is incontrovertible. Malice may attack it, ignorance may deride it, but in the end, there it is.”
Senator Clark and the people of New Hampshire have brought the truth to Concord; it’s only a matter of time before the legislature acts on it.
The Washington Post reports today that Sheldon Adelson – the casino magnate who spent, with his wife, more than $92 million in the 2012 elections – is in the market for a 2016 GOP presidential candidate to support.
After throwing reams of money at losing candidate Newt Gingrich in the last election, Adelson is now looking for someone he believes will be seen as electable by a country with swiftly changing demographics. He is already being wooed by GOP presidential hopefuls:
The change in attitude comes amid early jockeying by a lengthy list of aspiring Republican presidential contenders to win the affections of the billionaire, who is in the beginning stages of assessing the field.
“The bar for support is going to be much higher,” said Andy Abboud, Adelson’s top political adviser and an executive at the Adelson-run Las Vegas Sands Corp. He added, “There’s going to be a lot more scrutiny.”
This strategy would favor more established 2016 hopefuls such as former Florida governor Jeb Bush, New Jersey Gov. Chris Christie, Wisconsin Gov. Scott Walker and Ohio Gov. John Kasich. All four will descend this week on Adelson’s luxury hotel in Las Vegas, the Venetian, for an important step in what some are calling the “Sheldon Primary.”
Funny, I don’t remember learning about the “Sheldon Primary” in my high school civics class. But in our Super PAC-filled, post-Citizens United world of unlimited election spending, this seems to be the reality of how candidates who have a real shot are chosen. As Harvard law professor and activist Lawrence Lessig puts it,
We have a general election, but only after the funders have had their way with the candidates who wish to run in that general election.
With Adelson essentially interviewing potential candidates, it begs the question: will our presidents be working for the people who elected them, or will they increasingly serve as the puppets of billionaire benefactors?
When a tiny fraction of the country’s wealthiest people are able to hand-pick candidates, it’s doubtful that we’ll have a government that focuses on the priorities of everyday Americans. A democracy simply doesn’t work if the voices of those of us who aren’t having swanky private dinners with presidential hopefuls are drowned out by the few who are.
Over the past week in New Hampshire, in efforts supported by People For the American Way activists, 31 towns have passed resolutions calling for a constitutional amendment to overturn the Supreme Court’s decisions in Citizens United and related cases. In the coming week, at least 20 more towns will vote on their own resolutions. If this week’s victories are any indication, we will likely see a strong majority of the 20 succeed.
These votes demonstrate the strength of the nation’s growing movement to amend the Constitution and take back our democracy. So far 16 states and over 500 municipalities have called for an amendment. The movement is particularly strong in New Hampshire, where nearly 70% of people support a constitutional amendment that limits campaign contributions and spending. This winter, over 100 residents marched across the state in support of campaign finance reform for the New Hampshire Rebellion campaign.
The Supreme Court’s decision in Citizens United v. FEC (2010) opened the floodgates to corporate and special interest spending in our elections. Since Citizens United, activists and advocacy organizations have been mobilizing across the country calling for an amendment to overturn the decision, its progeny, and the cases that led to it. To learn more about the campaign, visit wwww.UnitedForThePeople.org and People For the American Way’s amendment toolkit.
We can file this under news that should shock no one: a new study has found that members of Congress and their top staffers are significantly more likely to meet with political donors than with other constituents.
The study – carried out by researchers at Yale and UC Berkeley in partnership with CREDO Action – sought to answer the question, just how much do donations buy access to elected officials in our political system?
Matea Gold at the Washington Post explains the experiment:
Last summer, a group of CREDO fellows e-mailed congressional offices seeking meetings to discuss the measure, sending one of two different form letters.
The first e-mail had the subject line: “Meeting with local campaign donors about cosponsoring bill.” The body of the e-mail said that about a dozen CREDO members “who are active political donors” were interested in meeting with the member of Congress in his or her home district to discuss the legislation.
The second e-mail stripped out the donor references and instead said “local constituents” were looking to meet the member of Congress.
…The e-mails went out to 191 members of Congress – all members of the same political party – who had not already co-sponsored the bill….The results: Only 2.4 percent of the offices made the member of Congress or chief of staff available when they believed those attending were just constituents, but 12.5 percent did when they were told the attendees were political donors. [emphasis added]
Huffington Post’s Amanda Terkel notes that the study could have implications for court cases like the infamous Citizens United v. FEC, which paved the way for unlimited corporate political spending. In the majority Citizens United opinion, Justice Kennedy argued that “independent expenditures do not lead to, or create the appearance of, quid pro quo corruption. In fact, there is only scant evidence that independent expenditures even ingratiate.”
Terkel points out that the new study may debunk the claim that there isn’t evidence that “independent expenditures,” such as those made to a super PAC rather than directly to a candidate, can curry favor with elected officials:
In this experiment, the lawmakers knew nothing about the donors, such as whether they had donated to their campaign in particular, or how much they gave and when. In fact, they could simply have been a donor to a super PAC.
Even so, the Supreme Court’s too-narrow understanding of “corruption” as tit-for-tat exchanges (for example, political bribes) may limit the study’s implications for Citizens United and cases like it. But it does throw into stark relief how problematic the Court’s frame for understanding political corruption continues to be. When money can buy access to elected officials, we have a serious democracy problem.
MADISON – Yesterday Wisconsin State Senator Dave Hansen (D-Green Bay) introduced SJR 68, a resolution that would place an advisory referendum on the November 2014 ballot calling for a federal constitutional amendment to overturn the U.S. Supreme Court’s 2010 Citizens United v. FEC decision. It is a companion resolution to AJR 50, introduced last year by State Rep. Chris Taylor (D-Madison) in the Wisconsin Assembly. People For the American Way regional political coordinator Scott Foval released the following statement:
“The people of Wisconsin deserve a chance to weigh in on the corrupting influence of corporate spending in our democracy. Wisconsinites have made it clear that money in politics is an issue they care deeply about. To date, 27 local resolutions calling for a constitutional amendment to overturn Citizens United have passed in counties and municipalities across Wisconsin. Thirteen more will be on local referendums in April. Just as Representative Taylor has led on this issue in the Assembly, Senator Hansen recognizes that the unbridled spending the Citizens United decision unleashed is harmful to our democracy.
“While the Republican Assembly leadership continues to block progress on AJR 50, we hope the Republican State Senate leadership will put the people first and pass SJR 68 – allowing voters to decide whether a constitutional amendment to overturn Citizens United is the best way to push back on corporate control of our political process. PFAW continues to stand on the side of the people and will work with our allies in Wisconsin to push for a constitutional amendment to get big money out of politics.”
Today Representative John Sarbanes was joined by House Minority Leader Nancy Pelosi and others in introducing legislation to help put our democracy back where it belongs: in the hands of “We, the People.” The Government by the People Act (H.R. 20) is a bill designed to empower everyday voters to make small donations to candidates, amplify those donations through matching funds, and make our elected officials accountable to all of us, rather than to wealthy campaign donors.
In the Washington Post yesterday, Representatives Pelosi and Sarbanes penned a powerful op-ed in the support of the bill, calling for solutions to the influx of money that has flooded our elections in the post-Citizens United world. That Supreme Court decision, they wrote, “shook the foundation of our democracy: the principle that, in the United States of America, it is the voices of the people, not the bank accounts of the privileged few, that determine the outcome of our elections and the policies of our government.”
But they note that we can, and must, push for solutions – including a constitutional amendment to overturn Citizens United:
We must disclose the sources of the money in our campaigns, amend the Constitution to reverse the grievous error of the Citizens United decision, reform our broken campaign finance system and empower citizens everywhere to exercise their right to vote.
The Government by the People Act would help build a politics and a government that answer to the people. Together, we can reassert the full promise of our ideals and restore confidence in our democracy.
PFAW has launched a petition to urge members of Congress to do all they can to support passage of the Government by the People Act.
WASHINGTON – In response to today’s introduction of the Government By the People Act (H.R. 20), legislation that would allow political candidates to rely on small contributions to fund their campaigns, People For the American Way executive vice president Marge Baker released the following statement:
“From protecting our environment to raising the minimum wage, progress on the issues most important to everyday Americans is being thwarted by the ability of big money donors to buy political influence. This bill would help change that, multiplying the influence of regular voters’ small donations and making politicians less dependent on – and, in turn, less beholden to – wealthy special interests.
“The bottom line is that elected officials should be accountable to their constituents, not corporate lobbyists. It’s high time for our democracy to be back in the hands of everyday Americans where it belongs.”
In recent weeks, People For the American Way has met with a number of U.S. Representatives to urge their support of H.R. 20 and has trained volunteers to do the same.
People For the American Way executive vice president Marge Baker is available for interviews with the press. To arrange an interview, please contact Layne Amerikaner or Miranda Blue at firstname.lastname@example.org / 202-467-4999.
In tomorrow’s State of the Union address, President Obama is expected to speak at length about growing income inequality in the United States, and his plans to address it. Any plan to address income inequality must also address the political inequality created by unrestrained spending on elections.
Income inequality affects not just individual lives, but our political system as a whole. In a series of cases beginning with the 1976 Buckley v. Valeo decision, the Supreme Court has struck down commonsense campaign finance regulations designed to limit private economic power from dominating campaigns for political office – and thus dominating our country’s political process. Since that time, the income share of the top one percent of income earners has almost tripled, growing at a substantially higher rate than the income of the rest of the population.
This mounting wealth disparity has not resulted simply from the good fortune of the hardest working or smartest among us; it has been assisted through government policy. The capital gains tax sits at 23.8% for top earners despite the vast majority of Americans believing that it should be equal to the rate at which income is taxed. Meanwhile, the federal minimum wage, whose real value has fallen about 30% since 1968, remains stagnant at $7.25 per hour, despite the fact that 71 percent of Americans want to see it increased; however, only 40 percent of the wealthiest Americans support such an increase.
As income inequality has ballooned, it has also become more difficult for even the most hard-working Americans to improve their economic prospects. State university systems that were once free are now approaching the cost of private institutions, while scholarships are going less often to benefit low-income students. Labor unions, which were instrumental in building the American middle class, are facing attacks from legislators backed by well-funded corporate interests.
Income inequality and political inequality go hand-in-hand. As This American Life has noted, the average member of Congress spends at least four hours a day calling wealthy individuals and organizations asking for money, a tally that does not even include the countless fundraisers they must attend. Average Americans don’t get these calls. They do not get the chance to meet with their representatives at intimate gatherings. Their voices go unheard.
The sad truth is that under our current system, time-intensive fundraising and the concessions that go along with it are necessary conditions for the ascension to political office in the United States. That is something we need to change if we are ever going to deal with income inequality or any of the other major problem facing our country.
That is why we here at People for the American Way Foundation are calling for “Money Out, Voters In” campaign and are working to pass a constitutional amendment that will allow our elected officials to work for all Americans, not just the wealthy few.
WASHINGTON – On the fourth anniversary of the Supreme Court’s 2010 decision in Citizens United v. FEC, People For the American Way president Michael Keegan issued the following statement:
“The deeply misguided Citizens United ruling four years ago brought immeasurable harm to our democracy, but it also inspired a re-energized national movement to get big money out of politics. In the four years since, sixteen states and 500 cities and towns have officially gone on record calling for a constitutional amendment to overturn Citizens United and related cases and to take back our democracy from the outsized influence of wealthy special interests.
“Poll after poll shows that the American people are deeply disturbed by the big money in our political system. They want a real voice in our democracy, not one that is overwhelmed by billions of dollars in corporate and special interest spending. We’ll keep up the pressure for commonsense regulations on political spending and a democracy that is truly of, by, and for the people.”
PFAW and ally organizations hosted a Get Money Out of Elections advocacy training in Arlington on Monday afternoon to educate activists about reforms to restore the power in our democracy to the voters. For more information on PFAW’s money in politics advocacy work, please visit: http://www.pfaw.org/GovernmentByThePeople
WASHINGTON – On the eve of the fourth anniversary of the Supreme Court’s ruling in Citizens United v. FEC, eight pro-democracy groups are speaking out about the need to amend the Constitution to overturn that decision and protect the integrity of our political system.
Four years ago, the Citizens United decision handed unprecedented political power to corporations and wealthy special interests, and the effects have been dramatic. Billions of dollars have poured into our democracy – often through “dark money” groups that obscure the identities of donors – to influence election outcomes and help set the political agenda.
But Americans don’t want a democracy that operates like an auction. Sixteen states and 500 cities and towns have called for a constitutional amendment to overturn the Citizens United decision and related cases to put our democracy back into the hands of the people. Today, People For the American Way, Public Citizen, Free Speech For People, Common Cause, the Center for Media and Democracy, U.S. PIRG, Demos, and Public Campaign are building on that momentum to renew the call for an amendment. The organizational statements are below.
“Americans don’t want a democracy of the corporations or a democracy of the well-heeled special interests – they want a democracy of the people,” said Marge Baker, Executive Vice President of People For the American Way. “In order to fully repair the damage done by cases like Citizens United, we need a constitutional amendment to restore the ability of Congress and the states to put in place commonsense regulations on political spending. Sixteen states and hundreds of cities have already asked for this to happen. The question now is whether our elected officials are going to stand with big corporations and the super wealthy or stand with the people.”
“Four years after the travesty of the Supreme Court’s Citizens United v. FEC decision, the case has empowered corporations and the superrich to tighten their stranglehold over our infirm democracy, undermined the basic functioning capacity of our government – and united the American people in opposition,” said Robert Weissman, President of Public Citizen. “Citizens United kickstarted a fast-growing national movement for a constitutional amendment to reclaim our democracy and re-establish the political sovereignty of We, the People. That movement is now firmly entrenched in the political mainstream, and on its way to success.”
“Four years ago, a sharply-divided U.S. Supreme Court, through its Citizens United v. FEC ruling, unleashed unlimited corporate money in our elections and gave rise to the SuperPACs, leading to new distortions of our political process by the mega-rich and big money interests,” said John Bonifaz, the Co-Founder and Executive Director of Free Speech For People. “But, the American people are fighting back to defend our Republic, demanding a constitutional amendment that overturns Citizens United and reclaims our democracy. We have amended the Constitution before in our nation’s history to reverse egregious Supreme Court rulings. We will do it again.”
“Four years after Citizens United invited big money to take control of our elections, millions of Americans have called on Congress – at the ballot box or through their state legislatures – to reverse the decision with a constitutional amendment,” said Karen Hobert Flynn, Common Cause Senior Vice President for Strategy and Programs. “While we applaud the introduction of amendment language in both chambers on Capitol Hill, we still need Congress to act. Americans deserve better, and in this election year, we’ll be looking for both parties to deliver it.”
“Since Citizens United, spending by billionaire-funded Super PACs and shady dark money nonprofits have skyrocketed, in some cases eclipsing disclosed donations to candidates,” said Lisa Graves, Executive Director of the Center for Media and Democracy. “With Sheldon Adelson’s multi-million-dollar Super PAC donations and the Kochs’ sophisticated dark money shell games, the integrity of our elections is under attack, and only a constitutional amendment can rein in the power of the plutocrats and put the people back in control of their democracy.”
“Four years ago, the Citizens United ruling opened the floodgates for big money in our elections, enabling a small number of special interests to drown out the voices of average Americans—but it also sparked a movement across the country to reclaim our democracy,” said Emma Boorboor, Democracy Associate at U.S. PIRG. “16 states and over 500 municipalities have already passed resolutions calling for an amendment to overturn Citizens United. Make no mistake, we will restore political equality for all Americans.”
“The Supreme Court has misread the Constitution and distorted our democracy, so that the strength of a citizen’s voice depends upon the size of her wallet,” said Adam Lioz, Counsel at Demos. “It’s time for a new vision that empowers the People to fight the undue influence of big money in the name of political equality, accountable government, and fair representation for all regardless of wealth.”
“Public Campaign supports either changing the Supreme Court or changing the Constitution,” said Nick Nyhart, President and CEO of Public Campaign. “Otherwise, deep-pocket interests continue to bend public policy to its will, the voices of everyday Americans will be diminished, and our government will not be of, by, and for its people.”
In our continuing efforts to pass a constitutional amendment to overturn Citizens United and related cases and restore Government Of, By, and For the people, PFAW Foundation is helping coordinate the Students United For Democracy coalition – a group of student activists and good government groups working to raise awareness of our country’s money in politics problem and pass resolutions on college campuses calling for a constitutional amendment.
For far too long, students have been pushed to the margins of our political system. From rising education costs to uncertain environmental and economic futures, it is clear that government often fails to act in the interest of students and young people. As explained in PFAW Foundation’s report, “Students and the Movement to Amend the Constitution,” each of these issues is intricately connected to the role that big money plays in our political system. Rather than protecting the interests of all, public officials often look out for the interests of those who pay for their campaigns, and students – who are taking on record levels of student debt –students simply could not afford to “pay to play” even if they wanted to.
Yet the country and its young people are waking up. Sixteen states and 500 cities and towns have already passed resolutions calling for a constitutional amendment to overturn Citizens United and related cases. In 2014, student governments will be adding their voices to this nationwide call.
On October 8th, the Supreme Court heard oral argument in McCutcheon v. FEC, which has the potential to be the most destructive campaign finance case it has considered since Citizens United v. FEC. In McCutcheon, the Court is examining the constitutionality of aggregate contribution limits and, depending on the decision it’s expected to release in early 2014, could allow even more money to be poured into our elections.
In addition to mobilizing its networks around the case, People For hosted a rally on the steps of the Supreme Court, where activists from a wide range of backgrounds and issue areas spoke about how moneyed politics affects our democracy. The rally was co-emceed by People For’s Marge Baker, and featured YEO Maryland State Director Craig Rice and YP4 Fellow Brendien Mitchell.
To learn more about People For the American Way’s campaign against big money in politics, visit our Government By The People page.
Thanks to some tax-return digging, ProPublica found this week that the Karl Rove-connected Crossroads GPS actually spent at least $11 million more on political activities last year than they told the IRS. ProPublica’s Kim Barker reported:
New tax documents, made public last Tuesday, indicate that at least $11.2 million of the grant money given to the group Americans for Tax Reform was spent on political activities expressly advocating for or against candidates. This means Crossroads spent at least $85.7 million on political activities in 2012, not the $74.5 million reported to the Internal Revenue Service.
But what’s an extra $11 million spent on political activities, right? Wrong. Tax-exempt 501(c)(4) social welfare groups are limited in the amount of political spending they can do while maintaining their exempt status. And these developments about Crossroads GPS only underscore the need for more robust government oversight of political spending.
Unfortunately, this is an effort that has been made much more difficult in the wake of recent Supreme Court rulings. As Michael Keegan noted in May, the 2010 Citizens United v. FEC decision opened the door to an explosion of spending by c(4) groups like Crossroads GPS because it allowed them to run political ads as long as they weren’t using the majority of their money for electoral work.
Moreover, dark money groups sometimes attempt to underreport the political spending that they do undertake, which has not been helped by the IRS’s past reluctance to issue “bright lines” around what must be counted as political spending.
But that may change soon. The Treasury Department and the IRS are expected to issue guidance today specifying what “candidate-related political activity” entails and how much of it 501(c)(4) social welfare groups are allowed to do.