Washington, DC – People For the American Way today commended the Senate Judiciary Committee for holding an important hearing on the tremendous impact the Supreme Court will have on whether the American people will be allowed to retain control of our own democracy. Today’s hearing will focus on the Court’s decision in Citizens United v. FEC and the role of the courts in preserving individual citizens’ voting rights.
“Citizens United has profoundly reshaped our elections, opening them up to limitless corporate cash, secret money, and risk of corruption,” said Marge Baker, Executive Vice President of People For the American Way. “Citizens United has given corporations and the very wealthy unprecedented control over the public debate preceding our elections. At the same time, new threats are arising to the right to even cast a ballot, as individual citizens are seeing their voting rights taken away by suppressive laws targeted at traditionally disenfranchised communities – especially those who corporate interests fear will vote ‘the wrong way’.
“Our federal courts have an important role in ensuring that the rights of Americans to control our own democracy are preserved. It’s encouraging that the Judiciary Committee is giving these issues the attention they deserve.”
Earlier this year, People For the American Way and allied groups delivered 1.9 million petitions to congressional leaders urging them to move forward on amending the constitution to overturn Citizens United.
People for the American Way extends its congratulations to two Young Elected Progressives (YEP) endorsees who emerged victorious in Massachusetts’ legislative primary elections yesterday.
Sean Garballey, who is currently a state representative for the 23rd District of Massachusetts, ran to retain his current seat, which he acquired in 2009; he was unopposed.
Carl Sciortino is a Democratic member of the Massachusetts House of Representatives and has represented the 34th District since 2005. Carl ran unopposed to retain his current seat.
In today's polarized political climate, there are a few things on which American voters overwhelmingly agree. For all our disputes, we can find common ground in this: we're completely fed up. About 80 percent of us don't think Congress is doing a good job. Only aboutone third of us view the federal government favorably. In a precipitous drop, less than half of Americans have a favorable view of the Supreme Court. Across all political lines, 75 percent of Americans say there is too much money in politics, and about the same percentage think this glut of money in politics gives the rich more power than the rest in our democracy.
Interestingly, another thing that most Americans have in common is that 80 percent of us have never heard of Citizens United v. FEC, the case in which the Supreme Court ruled that corporations have a First Amendment right to spend unlimited amounts of money to influence elections. Our feelings of frustration with Washington are deeply connected with the widespread, and entirely founded, suspicion that our elected officials aren't representing voters, but are instead indebted to the wealthy interests that pay for their campaigns. This distrust has only deepened as politicians and the courts have handed over more and more power to those with the deepest pockets.
Citizens United is only the most famous of the recent spate of Supreme Court decisions aimed at eliminating hard-won campaign finance regulations. In fact, shortly before Citizens United, the George W. Bush-created right-wing bloc of the Supreme Court issued major rulings that had already begun to undermine decades of federal clean election laws.
And we are only partway down the slippery slope. It keeps getting worse as the Supreme Court gradually dismantles state-level clean elections laws, as it did in Arizona, and clarifies that its sweeping decision in Citizens United applies to states as well, as it did in Montana. Indeed, it won't be long before this or some future right-wing Supreme Court cuts to the chase and lifts the century-old ban on direct corporate contributions to political candidates, one of the most basic checks we have against widespread corruption.
Believe it or not, this November, we'll have the chance to vote on whether this slippery slope continues, or whether we stop it and roll it back. Each of these regressive campaign finance rulings has had a monumental impact on our democracy. It's easy to forget that they have been made by one-vote 5-4 majorities of the Supreme Court. That means we're just one Supreme Court vote away from stopping the trend in its tracks -- and even reversing it. Although Mitt Romney has flip-flopped on many issues, he's crystal clear about how he feels on this issue and exactly what kind of judge he would appoint to the Supreme Court and the lower federal courts. He has said he believes "corporations are people" and he means it. He's promised to nominate more Supreme Court justices like the ones who handed down Citizens United. And his chief judicial adviser, former judge Robert Bork, is legendary in his opposition to individual voting rights while advocating expansive corporate power. On this issue in particular, President Obama has been very clear and comes down unambiguously on the opposite side. Look no further than his Supreme Court picks so far. Elena Kagan and Sonia Sotomayor have consistently resisted the right-wing court's radical transformation of our democracy. In fact, his nominees now represent half the votes in the High Court who are standing up for democracy against "government by and for" the highest bidder.
Some 2008 Obama voters may not be thrilled by the last four years. Some may even be considering giving Mitt Romney a chance, despite their misgivings. But no matter who your candidate is, what issues you care about or on what side you come down on them, most importantly your vote this November will likely determine the Supreme Court for a generation. If Romney has the opportunity to replace one of the more moderate Supreme Court justices, the Court's far-right majority will not remain narrow. The votes will be there to dismantle any remaining limits of money in politics for the foreseeable future. Conversely, future Obama appointments give Americans the chance to halt this downward spiral and the opportunity to reclaim our democracy.
Whatever the issues you most care about, this November's election will be a choice between two Supreme Courts. And the two alternatives could not be more different. Quite simply, this is the chance that the overwhelming majority of Americans -- who recognize that there is too much money in politics and that it is corrupting our government at every level -- finally have to vote on it.
Will we seize this opportunity?
People For the American Way today applauded the announcement that the Democratic Party platform will contain support for a constitutional amendment to overturn the Supreme Court's decision in Citizens United v. FEC.
"Since the Supreme Court handed down its Citizens United decision, Americans across the political spectrum have called for decisive action to limit the influence of money in our elections," said Michael Keegan, President of People For the American Way. "There are legislative solutions, like the DISCLOSE Act, that can help fix the damage done by Citizens United. But there are only two ways to fully undo the damage of Citizens United: to elect a president who will nominate fair-minded Supreme Court Justices, and to pass a constitutional amendment. We can, and we must do both."
A Reuters poll earlier this year found that 75 percent of Americans think there is too much money in politics. Over one million people have signed a petition calling for a constitutional amendment to undo Citizens United.
"The will for a constitutional amendment is there," continued Keegan. "Americans are sick and tired of seeing our elections dominated by moneyed interests. The inclusion of this amendment in the Democratic platform shows that Americans are ready to take back our elections."
Two days ago, President Obama sat down for a live “Ask Me Anything” session on the popular social news website Reddit. Of the ten questions President Obama was asked, one pertained to money in the politics:
What are you going to do to end the corrupting influence of money in politics during your second term?
Although not specifically asked about the amendment strategy, President Obama raised the issue in his answer:
Money has always been a factor in politics, but we are seeing something new in the no-holds barred flow of seven and eight figure checks, most undisclosed, into super-PACs; they fundamentally threaten to overwhelm the political process over the long run and drown out the voices of ordinary citizens. We need to start with passing the Disclose Act that is already written and been sponsored in Congress - to at least force disclosure of who is giving to who. We should also pass legislation prohibiting the bundling of campaign contributions from lobbyists. Over the longer term, I think we need to seriously consider mobilizing a constitutional amendment process to overturn Citizens United (assuming the Supreme Court doesn't revisit it). Even if the amendment process falls short, it can shine a spotlight of the super-PAC phenomenon and help apply pressure for change. [Emphasis added]
President Obama already had, through spokespeople, acknowledged his support of constitutional remedies to overturn Citizens United; he had not however done so himself, until now. The very fact that the sitting U.S. President is speaking seriously about the use of constitutional remedies to overturn Citizens United shows how far the movement has come. The movement has clearly made its move to the mainstream.
To date, here is what PFAW and our allies have accomplished:
- 1,951 public officials are now in support of constitutional remedies
- 96 House Representatives; 29 Senators
- 14 amendment resolutions introduced in the 112th Congress
- Over 275 cities and towns have passed resolutions supporting an amendment
- 7 State Legislatures have passed resolutions (HI, NM, VT, MD, RI, CA, and MA)
People for the American Way extends its congratulations to three Young Elected Progressives endorsees who emerged victorious in yesterday’s primary elections.
In Arizona, Ed Ableser, who currently represents the 17th District in Arizona’s state House, won the Democratic primary for state Senate in the 26th District; he ran unopposed. Meanwhile, Stefanie Mach won the Democratic primary to represent the 10th District in the Arizona House.
In Vermont, Kesha Ram, incumbent state representative from Chittendon’s 3-4 District, won her primary contest; she ran unopposed.
The mass exodus from the American Legislative Exchange Council (ALEC) continued today, as an additional 13 members of the state legislature cut ties with the corporate bill factory. Progress Texas reports:
As we have written many times before, the American Legislative Exchange Council (ALEC) is a corporate bill factory for model laws. The organization arranges for corporate lobbyists and conservative legislators to hold joint secret meetings to craft cookie-cutter bills that increase the profits of private companies at the public’s expense. Following public pressure from Progress Texas and its membership, 25 legislators have dropped - including every Democrat. A majority of the Texas Legislature – 96 of 181 members – is now no longer a part of ALEC.
32 corporations from across the country have also left ALEC. A complete list can be found here.
The PFAW Foundation has been key in exposing ALEC’s efforts at influencing governmental agendas at the local, state, and federal level.
Yesterday, House Democrats held a press conference highlighting the need to clean up the election system through what they are calling the DARE initiative. (To note, this is the same initiative Minority Leader Nancy Pelosi presented and spoke about in length at PFAW’s 30th Anniversary celebration this past June.) The acronym stands for the following:
D – Disclose
A – Amend
R – Reform
E – Elect
In just a short period of time, the impact of the Supreme Court’s egregious ruling in Citizens United v. Federal Election Commission, which opened the floodgates to corporate and special interest spending in our elections, has been felt nationwide. In response, a growing chorus of activists and organizations are mobilizing to overturn the decision by amending (the A in DARE) the Constitution. As evidenced by the press conference, public officials are responding to this movement. Nearly 2,000 are already on record in support of amending the Constitution to overturn Citizens United, including 92 Representatives in the House.
In attendance of the press conference were Minority Leader Nancy Pelosi, House Democratic Caucus chairman Rep John B. Larson (D-CT.), U.S. Rep. Chris Van Hollen (D-MD), U.S. Rep. John Sarbanes (D-MD.), U.S. Rep. Adam Schiff (D-CA.), U.S. Rep. David Cicilline (D-RI), U.S. Rep. James Clyburn (),U.S. Rep Dennis Kucinich (D-OH), as well as Nick Nyhart, President and CEO of Public Campaign.
Nyhart outlined three critical steps needed to remedy this: full disclosure, small donor and citizen-led funding of elections, and the ability to limit donations from large corporate entities.
Recently Republicans and Democrats clashed on the Disclose Act, which would have required the disclosure of all major donors in the election process. Leader Pelosi expressed her concern that dark money is “suffocating the airwaves and suppressing the vote.”
Not so long ago, disclosure was a bi-partisan issue. Congressman Van Hollen made this clear, quoting Senate Minority Leader McConnell’s (R-KT) statement from 2000 endorsing such reforms: “Why would a little disclosure be better than a lot of disclosure?”
Expressing his passion about the issue, Congressman Dennis Kucinich, motioning toward the Capitol building, told reporters, “in post-production you might want to include a ‘For Sale’ sign in front of that.” Kucinich stated, “Let’s be candid, the system is for sale.” The outgoing congressman urged immediate action on removing the corrupting influence of dark money, lest we lose our republic to the influence of special interests. This government must remain in the hands of the people - or as Mr. Nyhart put it, remain “Of, by, and for the many… not the money.”
[Dylan Hewitt, Amelia Coffey, and Michael Jameson contributed to this post]