Nearly two years ago, President Obama caused a splash by expressing support for a constitutional amendment to overturn Citizens United during a Reddit “Ask Me Anything” session. Asked during the online forum what he was going to do to “end the corrupting influence of money in politics,” President Obama put the spotlight on the movement for a constitutional amendment by explicitly mentioning the amendment strategy:
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).
A new book released this week by POLITICO reporter Ken Vogel shows that President Obama had been privately discussing an amendment months before his public comment in August 2012. Vogel’s book describes President Obama telling Democratic donors in February of that year:
“Now, I taught constitutional law…I don't tinker with the Constitution lightly. But I think this is important enough that citizens have to get mobilized around this issue, and this will probably be a multiyear effort. After my reelection, my sense is that I may be in a very strong position to do it.”
The fact that President Obama was sharing support for an amendment even earlier than previously known underscores the importance of the issue to our nation’s president. In addition to President Obama, 44 U.S. senators, 123 U.S. representatives, and more than 1,700 state legislators have gone on record in support of an amendment to get big money out of politics.
The day after Sen. Tom Udall’s proposed constitutional amendment to get big money out of politics was considered at a Senate Judiciary Committee hearing, Sen. Udall joined People For the American Way activists, supporters, and staff members on a member telebriefing to discuss the amendment and what Americans can do to support it.
Sen. Udall noted in his introduction that together we have come a long way in the movement to get big money out of politics, due in part to the work of People For the American Way. He said that in the last few years, our nation’s campaign finance laws have come under increasing attack. There are only two ways, Sen. Udall said, to have lasting reform on this issue: either the Court can reverse itself, or we can amend the Constitution to overturn cases like Citizens United v. FEC and McCutcheon v. FEC. Sen. Udall pointed out that elections should be about the quality of ideas, not the size of bank accounts.
When asked by a participant to address the false claim pushed by Sen. Ted Cruz and other right-wing politicians and activists that this amendment is an attack on the First Amendment, Sen. Udall explained: “This is about restoring the First Amendment so it applies equally to all Americans.” He pointed out that our access to constitutional rights and our ability to participate in the democratic process should not be based on our net worth.
Sen. Udall urged activists on the call to voice their support at every opportunity they have. Specifically, he encouraged advocates to get a copy of the amendment and urge their local officials to support it by passing resolutions. Despite the lengthy process of amending the Constitution, Sen. Udall asked participants not to be discouraged; with a strong grassroots movement, he said, we can make it happen.
PFAW executive vice president Marge Baker also fielded questions from participants on the call. She urged activists to connect campaign finance reform to the issues most important to them and their communities, whether that’s fighting for health and safety on the job, defending the environment, or protecting voting rights. On voting rights, Baker pointed out that the Supreme Court’s attacks on campaign finance laws go hand in hand with their attacks on the right to cast a vote; both have the effect of disempowering average Americans in our democracy. This is why, Baker pointed out, we must take on the Supreme Court and reclaim our political system – making it a democracy truly of, by, and for the people.
You can listen to the call here:
45 US Senators now support a constititutional amendment to undo the harm of decisions like Citizens United and McCutcheon. Do yours?
|California||Sen. Diane Feinstein|
|Colorado||Sen. Michael F. Bennet|
|Connecticut||Sen. Richard Blumenthal|
|Connecticut||Sen. Christopher Murphy|
|Delaware||Sen. Christopher A. Coons|
|Hawaii||Sen. Mazie K. Hirono|
|Hawaii||Sen. Brian Schatz|
|Illinois||Sen. Richard Durbin|
|Iowa||Sen. Tom Harkin|
|Maine||Sen. Angus S. King, Jr.|
|Maryland||Sen. Benjamin L. Cardin|
|Maryland||Sen. Barbara A. Mikulski|
|Massachusetts||Sen. Elizabeth Warren|
|Minnesota||Sen. Al Franken|
|Minnesota||Sen. Amy Klobuchar|
|Montana||Sen. Jon Tester|
|Montana||Sen. John E. Walsh|
|Nevada||Sen. Harry Reid|
|New Hampshire||Sen. Jeanne Shaheen|
|New Jersey||Sen. Cory A. Booker|
|New Jersey||Sen. Robert Menendez|
|New Mexico||Sen. Tom Udall|
|New Mexico||Sen. Martin Heinrich|
|New York||Sen. Charles E. Schumer|
|New York||Sen. Kirsten Gillibrand|
|North Carolina||Sen. Kay Hagan|
|North Dakota||Sen. Heidi Heitkamp|
|Ohio||Sen. Sherrod Brown|
|Oregon||Sen. Ron Wyden|
|Oregon||Sen. Jeff Merkley|
|Rhode Island||Sen. Jack Reed|
|Rhode Island||Sen. Sheldon Whitehouse|
|South Dakota||Sen. Tim Johnson|
|Vermont||Sen. Patrick Leahy|
|Vermont||Sen. Bernard Sanders|
|Washington||Sen. Patty Murray|
|Wisconsin||Sen. Tammy Baldwin|
|West Virginia||Sen. Joe Manchin|
|West Virginia||Sen. John D. Rockefeller, IV|
For more elected officials who support an amendment, visit United4thePeople.org.
Before yesterday’s Senate Judiciary Committee hearing on a proposed campaign finance constitutional amendment had even begun, advocates from People For the American Way and partner organizations had already delivered a powerful message from the American people. Carrying signs saying “Restore the First Amendment” and “Amend the Constitution to #GetMoneyOut,” activists rolled in stacked boxes of more than two million petitions in support of an amendment to get big money out of politics.
In his opening remarks, Sen. Patrick Leahy noted that these petitions serve as a “tangible reminder that Americans are calling on Congress to act.”
In an rare move that underscored the importance of the proposed amendment, both Senate Majority Leader Harry Reid and Minority Leader Mitch McConnell testified at the hearing. Sen. Reid issued a call to action for the amendment, urging Americans to work together to restore the basic principle of one American, one vote. “Our involvement in government should not be dependent on our bank account balances,” he said.
Sen. McConnell, on the other hand, used the platform to claim that the proposed amendment is about shutting people up, calling it the “latest proposal to weaken the First Amendment.” Later, Sen. Ted Cruz continued to push the false claim that the amendment would “repeal the free speech protections of the First Amendment” and “muzzle” Americans.
But other witnesses were quick to debunk this myth, including constitutional law expert Jamie Raskin, who is also a senior fellow at People For the American Way. In his testimony, Raskin noted:
[E]ven as our huge majorities of Americans support reclaiming our democracy, opponents of the Amendment are waving the flag of the First Amendment, as if political democracy and free speech are enemies. But the Citizens United era has nothing to do with free speech and everything to do with plutocratic power. Citizens United did not increase the rights of a single citizen to express his or her views with speech or with money. Before the decision, all citizens, including CEOs, could express themselves freely, make contributions, and spend all the money they had to promote their politics. They could band together with the help of the corporation and form a PAC. All Citizens United did was confer a power on CEOs to write corporate treasury checks for political expenditures, without a vote of the shareholders, prior consultation or even disclosure.
In terms of real world consequences, Raskin went on to note, these damaging Supreme Court decisions did not “expand the political freedom of citizens but… reduce[d] the political power of citizens.”
North Carolina State Senator Floyd McKissick described some of those real world effects, noting that he can divide his time in the state legislature into two distinct periods: “before Citizens United, and after”:
Suddenly, no matter what the race was, money came flooding in. Even elected officials who had been in office for decades told me they’d never seen anything like it. We were barraged by television ads that were uglier and less honest than I would have thought possible. And they all seemed to be coming from groups with names we had never even heard of. But it was clear that corporations and individuals who could write giant checks had a new level of power in the state.
While good-government groups have been calling for a constitutional amendment to reverse the Supreme Court’s dismantling of campaign finance laws since the day the Court handed down Citizens United in 2010, the issue has been largely off the radar of conservative activists – and has actually enjoyed broad bipartisan support in an array of polls and in state and municipal ballot measures.
It was largely off their radar, that is, until this week. This morning, the Senate Judiciary Committee held a hearing on a proposal by Sen. Tom Udall, D-N.M., to send a constitutional amendment to the states restoring to Congress and state governments the ability to regulate the raising and spending of money in elections. In response, Republican politicians and conservative activists have kicked into gear and are starting to try out new talking points to get their movement to oppose efforts to lessen the influence of big money in politics.
Sen. Ted Cruz, R-Texas, launched the misleading campaign two weeks ago when he warned a group of pastors that the Udall proposal would “repeal the First Amendment” and allow Congress to “muzzle” the free speech of clergy. In advance of the hearing today, conservative groups including the Family Research Council, Eagle Forum, Tea Party Patriots and the Home School Legal Defense Association started to mobilize against the amendment. Yesterday, the Heritage Foundation held a panel discussion to test out arguments against the amendment, featuring Bobby Burchfield, the attorney who argued the McCutcheon case before the Supreme Court, controversial former FEC chairman Don McGahn, and infamous voter-fraud conspiracy theorist Hans van Spakovsky .
Here, we’ve collected some of the most deceptive arguments that have been launched so far against the Udall amendment.
1. Democrats want to repeal the First Amendment!
When we first heard Ted Cruz tell a stunned group of pastors that Democrats in the Senate were planning to “repeal the First Amendment,” we knew that we would be hearing that line again and again.
And we were right. Tea Party Patriots adopted the line in mobilizing its activists, as did the Eagle Forum. The Family Research Council claimed the Udall amendment would “strip political speech out of the First Amendment,” and von Spakovsky told the Heritage panel that the amendment would “roll back” the Bill of Rights.
Burchfield and McGahn both argued that the introduction of the constitutional amendment means, in the words of McGahn, that campaign finance law advocates are “admitting” that campaign finance regulations are “unconstitutional.”
On the surface, this is the opposition’s strongest argument, because it sounds so scary. But it’s just not true. Whether you support the Udall amendment or not, it’s dishonest to suggest that it would amount to a “repeal of the First Amendment.” Instead, proponents argue that it strengthens the First Amendment by undoing the Supreme Court’s jurisprudence declaring that spending on elections, including from corporate treasuries, cannot be limited. Proponents of the Udall amendment hold that this jurisprudence, including recent decisions in the Citizens United and McCutcheon cases, represented a radical reinterpretation of the First Amendment; undoing them would simply re-establish the ability of Congress and the states to set reasonable regulations on the raising and spending of money to influence elections.
2. Amendment supporters want to ‘silence critics’ and ‘cling to power’!
The Heritage panelists repeatedly claimed that the Udall amendment is an attempt to protect incumbency by preventing challengers from raising enough money to win elections. McGahn insisted that it was an effort by Democratic incumbents “desperately clinging to power.”
“They want to change the rules of the game and prevent people from criticizing them, not unlike England did before our revolution, and which led to our revolution,” he added.
The American Family Association’s Sandy Rios also invoked the American Revolution in an interview with von Spakovsky yesterday, saying, “The First Amendment, the rights to free speech – particularly the right to political speech – were the right to criticize the king, criticize the authorities over you.”
In a later interview with Rios, Tea Party Patriots spokesman Scott Hogenson even managed to connect the Udall amendment with immigration reform, claiming that both are part of a “larger, concerted effort to maintain the Democratic Party’s control of American politics and eventually move to one-party rule.”
In reality, it’s unlimited campaign spending that tends to be a boon for incumbents, who on average are able to raise far more than challengers. For instance, in Texas, a state with few campaign finance limits, incumbents who win on average raise more than twelve times the average amount raised by challengers. By contrast, in Colorado, which has relatively low individual contribution limits, incumbents on average raise less than three times what challengers are able to raise [pdf].
3. Liberals just want to protect the lame-stream media!
In his speech to the pastors' group, Ted Cruz seized on the Udall proposal’s stipulation that “Nothing in this article shall be construed to grant Congress the power to abridge the freedom of the press” to claim that the amendment carved out an exemption to protect the New York Times.
Von Spakovsky also played up conservative conspiracy theories about the “liberal media,” telling Rios, “No surprise, there’s a glaring exception in this proposed amendment for the press. And that means that MSNBC or the New York Times Company, which are big corporations, they could spend as much newsprint or airtime as they wanted going after and criticizing candidates or talking about political issues.”
These arguments fail to recognize one key distinction, which is that there is a difference between the New York Times publishing an editorial (which would be protected under the proposed amendment, as it is now) and the corporate managers of the New York Times taking $50 million out of their corporate treasury to buy ads to influence an election (which would not be protected).
4. They’ll go after pastors!
Opponents of the constitutional amendment have also been trying to tie the proposal to the right-wing paranoia about the impending persecution of America’s Christian majority .
It’s no coincidence that Cruz rolled out his criticism of the Udall proposal at a pastors’ event organized by the Family Research Council, a main theme of which was the supposed assault on the religious liberty of Christians in America. Cruz told the pastors that the Udall measure would “muzzle” clergy and was being proposed because “they don’t like it when pastors in their community stand up and speak the truth.”
Likewise, McGahn said at the Heritage event that the amendment would endanger the religious liberty of clergy: “What about pastors and churches? This is an issue that comes up once in a while. Can the government get in there and tell a priest he can’t talk to his congregation because it may somehow have something to do with politics?”
This might be true if the proposal would, in fact, “repeal the First Amendment.” In fact, the First Amendment’s protection of religious liberty would remain in place.
Of course, that didn’t stop the FRC’s Tony Perkins from somehow linking the Udall amendment to the imprisonment of a Christian woman in Sudan:
5. It’s like the Alien & Sedition Acts!
Along with comparisons to British control before the American Revolution, amendment opponents are trying to link the Udall proposal to the 18th century Alien & Sedition Acts.
In his interview with Rios yesterday, van Spakovsky claimed that “the last time Congress tried to do something like this was when they passed the Alien & Sedition Act in 1798 that criminalized criticism of the government.” Multiple GOP senators at today’s hearing, including Judiciary Committeee Ranking Member Chuck Grassley, repeated the talking point.
Of course, the amendment does nothing to reduce the right of individuals to criticize the government or politicians.
6. The polls are skewed!
When an audience member at yesterday’s Heritage Foundation panel asked about polls showing overwhelming opposition to the Citizens United decision, McGahn replied that the questions in the polls were “skewed.”
You can judge for yourself whether this question from a recent Greenberg Quinlan Rosner poll – which found 80 percent opposition to the Citizens United decision – is “skewed” on behalf of campaign finance law proponents:
7. What about disclosure?
In one of the least self-aware moments we’ve witnessed in the last few days, McGahn told the Heritage audience that campaign finance reform proponents could have just worked for tougher disclosure requirements, which the Supreme Court’s majority has consistently endorsed as a way to prevent corruption:
What’s interesting is the courts have upheld some disclosure of independent speech, which six months ago was supposed to be the answer, a year ago was supposed to be the answer – remember the DISCLOSE Act, Part 1 and Part 2? Well, that was supposed to cure all the ills in our democracy, but unfortunately I guess they’ve given up on that and they’ve moved to the more radical change, which is the constitutional amendment.
Of course, the DISCLOSE Act – which would have exposed the source of some of the “dark money” behind large campaign expenditures – was blocked by Senate Republicans. And McGahn, when he was at the FEC, fought hard against disclosure requirements proposed in the wake of the Citizens United decision, even though the decision explicitly sanctioned such requirements.
8. The poor don’t participate anyway!
Speaking to the Heritage audience, Burchfield presented the curious argument that the Udall amendment would demand to "equalize debate among the haves and have-nots,” and since “the portion is small” of “those with limited means” who participate in electoral debates, this would require “severe restrictions.”
The rich do not advocate a single viewpoint. Think of Sheldon Adelson and George Soros, they don’t agree on anything. There are strong voices on the left and on the right, not just in privately funded campaign advertisements, but also in the broadcast and print media. Only a small portion of those with significant resources even bother to participate in the debate. And among those with limited means, the portion is small indeed. In order to equalize debate among the haves and the have-nots, severe restrictions would be necessary. The quantity and quality of discourse would certainly suffer.
The amendment under consideration doesn’t require that everybody be heard an equal amount; instead, it gives Congress and the states the ability to create a more even platform for those who wish to be heard, regardless of their financial means.
Burchfield's reasoning echoes the arguments of voter-suppression proponents who claim that their laws only inconvenience people who don’t really care about voting anyway.
9. It’s voter suppression!
Although many of the advocates of unlimited, undisclosed money in politics are the same people pushing harmful voter suppression laws, Sen. Pat Roberts of Kansas yesterday insisted that it’s actually amendment proponents who are advocating “voter suppression” and want to “silence” critics.
10. Blame Saul Alinsky!
Inevitably, anti-amendment activists have begun invoking the right-wing bogey-man Saul Alinsky.
Hogenson told Rios that the Udall amendment is “just taken right out of Saul Alinksy’s book, ‘Rules for Radicals,’ it just makes up a gigantic lie and perpetuates it, that somehow democracy needs to be restored.”
Von Spakovsky also invoked Alinsky in his interview with Rios, claiming that criticism of the enormous political spending of the Koch brothers is an Alinskyite plot: “What’s really going on here is, look, if you look at Alinsky’s ‘Rules for Radicals,’ one of the rules that he sets out is you pick a villain and you basically blame those villains for all of the problems. It’s a way of distracting the public, it’s a way of diverting attention, and that’s exactly what Harry Reid and the Democrats are doing here.”
WASHINGTON – Today the Senate Judiciary Committee is holding a hearing on a proposed constitutional amendment to restore the ability of Congress and the states to regulate the raising and spending of money in elections, an ability that was gutted by Supreme Court decisions like Citizens United v. FEC and McCutcheon v. FEC. This morning People For the American Way and ally organizations delivered more than two million petitions, signed by Americans from every state, in support of such an amendment.
People For the American Way executive vice president Marge Baker released the following statement:
“Today’s hearing shows that some of our elected leaders are really listening to the American people’s call for money in politics reform. More than nine in ten voters think it’s important for elected officials to work to lessen money’s influence on our democratic system. Voters want a democracy where the voices of everyday Americans matter, not just the voices of the super-rich.
“A constitutional amendment is only warranted in rare circumstances, but in the wake of Supreme Court decisions like Citizens United and McCutcheon that have undermined the basic functioning of our democracy, the American people must act to restore it. Today two million Americans have a message, loud and clear, for Congress: we want our democracy back.”
On Monday, People For the American Way released an edit memo on how SJ Res.19 would restore the First Amendment and strengthen our democracy. PFAW also submitted testimony for the Senate Judiciary Committee hearing and joined close to 50 ally organizations in a letter urging senators to support SJ Res. 19.
Executive vice president Marge Baker is available for interviews with the press. To arrange an interview or for additional photos of the petition drop, please contact Layne Amerikaner at firstname.lastname@example.org / 202-467-4999.
This Tuesday at a press conference in the US Capitol hosted by Brave New Films and featuring Robert Greenwald’s latest documentary, “Koch Bros Exposed,” Senate Majority Leader Harry Reid, House Minority Leader Nancy Pelosi, Sen. Bernie Sanders and People For the American Way Executive Vice President Marge Baker made a resounding call for amending the Constitution to overturn the Supreme Court’s egregious decisions like Citizens United and McCutcheon v. FEC.
“We need our voices heard… we need to change the status quo,” Majority Leader Reid stated after calling for an amendment.
“We need a government by the many, not a government by the money,” Minority Leader Nancy Pelosi echoed. She went on to declare, “the time to amend the Constitution is now!”
Comparing the amount the Koch brothers spent in the 2012 election cycle to the amount they made, on average, over the past three years, Sen. Sanders pointed out: “$400 million is not a lot of money when you make $11 billion a year.”
Following Sen. Sanders, People For the American Way’s Executive Vice President for Policy and Program, Marge Baker, took the podium and stated, “The time has come to discuss solutions.” She highlighted the growing support for the amendment strategy, the momentum behind the small donor empowering Government By the People Act, the push at the state level for disclosure and campaign finance law, and the growing movement around the country of everyday citizens who are working to build a more democratic government.
The following is a post by Gabriela De Golia, Advocacy Associate for affiliate People For the American Way Foundation’s Young People For program.
Last week, in a speech in support of a constitutional amendment to reduce the influence of big money on our political system, Majority Leader Harry Reid said, “No one should be able to pump unlimited funds into political campaigns.” On political spending, Sen. Reid noted, the “Koch brothers are in a category of their own.”
Indeed, the Koch brothers’ influence in shaping our national political dialogue is stronger than many realize. In March the Center for Public Integrity wrote about David and Charles Koch’s financial investments in colleges and universities—the nation-spanning “campus of Koch Brothers Academy.” By pouring millions into schools across the country, the Koch brothers bankroll academic programs to promote their economic and social ideologies. They champion regressive political philosophies and create a pipeline for youth to become engaged in conservative activism. In effect, the Koch brothers are leading a crusade to funnel young people into the conservative movement.
However, we in the progressive movement are also investing in our youth. Despite not having as much money as oil tycoons, key players in the progressive movement understand the power of youth and are fighting back with a long-term progressive infrastructure. Programs like Young People For (YP4) of People For the American Way Foundation provide young progressive leaders the tools to create systemic change, roll back conservative advances, reclaim our democracy, and fight for justice.
By teaching young adults to identify key issues in their communities, create concrete action plans, and mobilize others through organizing and advocacy, YP4 helps Millennial change-makers build power to win on progressive issues. For example, through our program’s Money in Elections campaign, young activists have held rallies, gathered petitions, protested banks, and spoken at national events in support of reclaiming our democracy. Ariel Boone, a 2009 YP4 Fellow, lead a successful campaign urging the University of California at Berkeley to divest $3.5 million out of Bank of America and reinvest these funds in a local bank that contributes millions to the surrounding community. Last year 2013 Fellow Brendien Mitchell spoke alongside Senator Bernie Sanders and other pro-democracy movement leaders at a rally to get big money out of politics on the steps of the Supreme Court. These are but a couple examples of how YP4 is supporting young people in taking a stand against corporate influence in our political system.
As YP4 enters its tenth year, we continue to recognize that to build a movement, you need to think long-term. From recruiting youth from marginalized communities into our Fellowship program, to assisting them in getting more voters to the polls through our voter engagement programs, to training them to run successful campaigns through our Front Line Leaders Academy, we support youth every step of the way of their leadership journey.
Often in conversations about politics and civic participation, young adults are afterthoughts, considered an “apathetic” audience that doesn’t vote. But Millennials are far more engaged than given credit for. In fact, today’s young adults are anything but disengaged. Despite being the first generation to be economically worse-off than their parents through no fault of our own, Millennials are far more likely to do community service than older generations. About half of us vote, and we currently account for over 20 percent of the voting-eligible population in the US – and that number is growing as more of us turn 18. We must constantly overcome conservatives’ best attempts to keep us from the polls, efforts which in themselves show how much power we hold over the political process – no one would try to disenfranchise us if we didn’t matter. And last but certainly not least, we are the most diverse and progressive generation in recent history.
Ironically, two individuals who spend enormous amounts of money to influence the civic lives of young adults represent political leanings at odds with much of the Millennial generation’s values. The Koch brothers singlehandedly influence the US political arena more than almost anyone else thanks to their nearly limitless pool of oil money. They are two of the most radical and influential right-wing leaders today who are attempting to abolish the minimum wage, get rid of Social Security, defund the Affordable Care Act, equate money with speech, and lead the transformation of American democracy into an oligarchy. As shown in the Center for Public Integrity report, in 2012 they gave nearly $13 million in tax-deductible donations to higher education institutions, including many that are often considered “liberal,” to promote their ideologies.
These contributions show that conservative leaders do understand the power of youth and the return they get from investing in youth leadership development opportunities. By shelling millions into programs for young conservatives since the 1970s and focusing on long-term capacity building rather than just mobilization during elections, conservatives see the fruits of their labor in congressional dysfunction and the weakening of our democratic processes.
But programs like YP4 are doing the work to turn this tide by developing young progressive leaders. As Andrew Gillum, Director of Youth Leadership Programs at People For the American Way Foundation, wrote earlier this year: “Investing in progressive young people is the key to ensuring our movement’s capacity to create and sustain social change for years to come.”
Creating change is hard and takes time, especially when up against big money like that of the Koch Brothers. But by investing in young people, the progressive movement can make a real difference in both the short and long terms. We simply cannot afford to not invest in youth.
Decision Could Balloon Spending In State Elections
WASHINGTON – Campaign spending in states with aggregate contribution limits will likely soon balloon in the wake of the Supreme Court’s McCutcheon v. FEC decision, according to a new report by People For the American Way Foundation.
The report analyzes the anticipated state impacts of the high court striking down limits on the total amount a donor can give directly to candidates, parties, and committees at the federal level in the McCutcheon ruling. It forecasts a spending explosion in states whose aggregate limits on contributions to state candidates will soon be challenged or nullified in light of the decision. Among other data, the report finds:
• In New York, the current limit is $300,000 per two years. We estimate big donors will now be able to contribute $2,531,600 per election cycle, more than eight times the previous limit.
• In Maryland, the current limit is $10,000 per four-year election cycle. We estimate big donors will now be able to contribute $768,000 per four-year election cycle. This is a greater than 76-fold increase.
The states analyzed in the report are Connecticut, Maine, Maryland, Massachusetts, New York, Rhode Island, Wisconsin, and Wyoming.
“The McCutcheon decision didn’t only undercut our federal campaign finance laws, it has ramifications for states across the country,” said Marge Baker, Executive Vice President of People For the American Way Foundation. “Allowing wealthy donors to put exponentially more money into state elections tilts the playing field even more starkly in their favor and strikes at the very foundation of our democracy.”
The report is available here: http://www.pfaw.org/media-center/publications/how-supreme-courts-mccutcheon-decision-could-balloon-spending-state-electi
On the floor of the Senate today, Majority Leader Harry Reid called for a constitutional amendment to counter the outsized role of big money in our electoral system. Senate leaders are not wasting any time in moving forward; Sen. Leahy announced today that the Senate Judiciary Committee will hold a hearing on the amendment early next month. The Senate action on an amendment – which 16 states and more than 550 cities and towns have already gone on record in favor of – serves as a significant step forward in the growing movement to put the power in our democracy back in the hands of the people.
Every American should have the same ability to influence our political system. One American, one vote. That’s what the Constitution guarantees. The Constitution does not give corporations a vote. And the Constitution does not give dollar bills a vote…
…[T]he flood of special interest money into our American democracy is one of the glaring threats our system of government has ever faced. Let’s keep our elections from becoming speculative ventures for the wealthy and put a stop to the hostile takeover of our democratic system by a couple of billionaire oil barons.
Read People For the American Way Executive Vice President Marge Baker’s statement on the upcoming hearing here.
WASHINGTON – Senator Patrick Leahy announced today that the Senate Judiciary Committee will hold a hearing June 3 on a constitutional amendment to restore the ability of Congress and the states to regulate the raising and spending of money on elections. People For the American Way Executive Vice President Marge Baker released the following statement:
“Today’s announcement is an important step forward in the movement to reclaim our democracy from wealthy special interests. In the wake of the Supreme Court’s decision in McCutcheon v. FEC, which allowed even more money to flood our elections, this work is more urgent than ever.
“Passing a constitutional amendment is never an easy process – nor should it be. But this is a moment in our nation’s history where “we the people” must act to protect the integrity of our democracy. We applaud Sen. Leahy, Sen. Reid, and Sen. Udall on their leadership in moving this critical process forward.”
For more information on People For the American Way’s Government By the People work, please see: http://www.pfaw.org/GovernmentByThePeople
A new analysis by a campaign finance watchdog group has revealed that wealthy donors could have flooded Wisconsin with $6 million each to candidates in 2010 and 2012 elections if the state’s $10,000 aggregate annual limit had not existed.
The Money Out/Voters In Wisconsin Coalition, of which PFAW is a member organization, highlighted the Wisconsin Democracy Campaign’s findings at a press conference last week reacting to the United States Supreme Court’s recent decision in McCutcheon v. FEC, which was announced early last month. In McCutcheon, the court struck down aggregate federal limits on the amount wealthy donors can give to candidates, political parties, and political action committees per election cycle.
Wisconsin Democracy Campaign’s analysis found that without Wisconsin’s state limit of $10,000, in 2012 millionaire and billionaire donors could have given an estimated 680 times more, at least $6.8 million each to candidates in about 4,700 state and local elections, 386 PACs and 157 political committees. In 2010, the comparable number is as high as $6.1 million.
Most notably, Money Out/Voters In Wisconsin and Wisconsin Democracy Campaign noted that only about 299 individuals gave $10,000 or more to state candidates in 2010 and 2012—about .005 of 1% of Wisconsin’s 2012 population. That number included 173 people who don’t even live in Wisconsin.
Check out the video of the press conference here:
Last week, the American Legislative Exchange Council – better known as ALEC – held its 2014 Spring Task Force Summit in Kansas City. The annual Summit provides a venue for corporate lobbyists to woo state lawmakers and hatch the dangerous right-wing, pro-corporate sample legislation the group plans to vote on at its main conference (this year's will be held over the summer in Dallas).
On Friday, People For the American Way staff and members joined hundreds of protestors and ally organizations to rally outside the Kansas City Marriott Downtown, and speak out against ALEC's corruptive influence on state lawmakers.
PFAW and our affiliate PFAW Foundation have long been committed to standing up to ALEC's extreme agenda. Read PFAW Foundation's report, "ALEC: The Voice of Corporate Special Interests," for more information on how ALEC sells out citizens' best interests to the highest bidder.
On April 2, the Supreme Court issued its disastrous decision in McCutcheon v. FEC, knocking down aggregate contribution limits and further opening up the floodgates to big money in our elections. The American people were quick to respond. On the day of the decision, activists participated in response rallies across the country in over 140 municipalities in 41 states, demonstrating that the conservative 5-4 majority of the Roberts Court was once again acting out of step with the American people.
But rallying could only take us so far. In the wake of the decision, People For the American Way, in coordination with Public Citizen, helped organize in-district meetings and petition deliveries in congressional and senate district offices during the “spring recess” that immediately followed the McCutcheon decision. The initiative was supported by Public Campaign, PCCC, US PIRG, Common Cause, and the Communication Workers of America.
In total, activists made over 100 petition deliveries to congressional offices and held roughly 20 meetings with congressional staff or their members of Congress. In addition to advocating for a wide range of reforms to solve our country’s money in politics problem, the initiative primarily focused on the small donor-empowering Government By the People Act (HR 20) and the need for a constitutional amendment to overturn the Supreme Court’s disastrous decisions like McCutcheon and Citizens United.
[Pictured: 13 activists meet Senator Hirono's state director]
Although all of the meetings were vital for raising awareness on the issue of money in politics and the need for legislative and constitutional remedies, some meetings had immediate, and even surprising, results.
In Hawaii, activists met with and delivered petitions to the offices of Senator Mazie Hirono and Senator Brian Schatz on Friday, April 25. By the following Thursday, both senators – neither of whom had endorsed an amendment to fix our campaign finance system in the 113th session – were co-sponsoring SJRes 19, one such proposed amendment.
In Alaska, activist Sam Dunham and his baby (pictured above) delivered petitions to the office of Senator Mark Begich on behalf of the thousands of Alaskans who have signed petitions calling for an amendment. Although the senator was out of the office and unable to receive the petitions personally, he was so enthused by the effort that he recorded a thank you video:
To date, the Government By the People Act has 148 co-sponsors in the House – a number that continues to grow by the day. And no more than one week following the spring recess initiative, Senator Chuck Shumer announced that the United States Senate would vote on a constitutional amendment to undo the harm of decisions like Citizens United and McCutcheon this year.
The engines of major reform are beginning to rumble.
On Monday, People For the American Way joined allied organizations and activists of the NY4Democracy coalition for a rally and lobby day at the Albany state house urging New York lawmakers to call for a constitutional amendment to overturn Citizens United, McCutcheon, and related cases.
Over 100 activists joined the efforts, targeting state senators of all political persuasions to ask for their support in elevating the issue and calling for an amendment. The group gathered in the morning to lobby senators and their staff, held a press conference at noon, and continued lobbying afterwards. In total, NY4Democracy activists met with 32 senate offices.
Click here to view a local news story about the lobby day.
Click here to view an interview with People For the American Way legislative representative Calvin Sloan on the Capital Tonight show.
(Photo credit Tony Cresswell)
(Photo credit Tony Cresswell)
(People For the American Way legislative representative Calvin Sloan -- Photo credit Tony Cresswell)
(Public Citizen’s director of the Democracy is For People campaign, Jonah Minkoff-Zern -- Photo credit Tony Cresswell)
(Move To Amend New York state coordinator, Victor Tiffany -- Photo credit Tony Cresswell)
(Communication Workers of America policy and legislative coordinator Joe Mayhey -- Photo credit Tony Cresswell)
If successful, NY4Democracy will help New York join the growing chorus of state and municipalities that have already called for an amendment. To get involved with the campaign, please email email@example.com with the subject line, “NY4Democracy.”
Big news for our democracy: This morning at a Senate Rules Committee hearing on “dark money,” Sen. Chuck Schumer announced that the Senate will vote this year on a constitutional amendment that would put the power of regulating the raising and spending of money in elections back in the hands of Congress and the states.
The Hill reports:
“The Supreme Court is trying to take this country back to the days of the robber barons, allowing dark money to flood our elections. That needs to stop, and it needs to stop now,” said Senate Rules Committee Chairman Charles Schumer (D-N.Y.), who announced the plan.
“The only way to undo the damage the court has done is to pass Senator Udall’s amendment to the Constitution, and Senate Democrats are going to try to do that,” he said.
Adding fuel to the amendment efforts, Majority Leader Harry Reid recently signed on as a cosponsor of Sen. Udall’s proposed constitutional amendment. Sen. Reid is among the senators People For the American Way has reached out to urging cosponsorship.
In the wake of this month’s McCutcheon v. FEC decision and a recent study that found the US to be an oligarchy rather than a democracy, efforts to reclaim our political system from the outsized influence of wealthy interests are more essential than ever. Sen. Reid’s support and the newly announced Senate vote plans highlight the growing momentum of this movement, with over 150 members of Congress, 16 states, more than 550 cities and towns, and even our nation’s president already on record in support of an amendment.
As former Supreme Court Justice John Paul Stevens said at the committee hearing this morning, “Unlimited campaign expenditures impair the process of democratic self-government.” You can add your name to PFAW’s petition and tell other members of Congress to support a constitutional amendment to restore government by the people.