Article

We must stop this corporate takeover of American democracy

Unless we can reverse the supreme court's dreadful Citizens United decision, US politics will become a plutocrats' plaything

David Koch and Charles G Koch: the US supreme court's Citizens United decision has enabled the industrialists to fund conservative groups to the tune of $200m already in this electoral cycle. Photograph: Getty

The corporate barbarians are through the gate of American democracy. Not satisfied with their all-pervasive influence on our culture, economy and legislative processes, they want more. They want it all.

Two years ago, the United States supreme court betrayed our Constitution and those who fought to ensure that its protections are enjoyed equally by all persons regardless of religion, race or gender by engaging in an unabashed power-grab on behalf of corporate America. In its now infamous decision in the Citizens United case, five justices declared that corporations must be treated as if they are actual people under the Constitution when it comes to spending money to influence our elections, allowing them for the first time to draw on the corporate checkbook – in any amount and at any time – to run ads explicitly for or against specific candidates.

What's next … a corporate right to vote?

Don't laugh. Just this month, the Republican National Committee filed an amicus brief in a US appeals court contending that the natural extension of the Citizens United rationale is that the century-old ban on corporate contributions directly to candidates and political parties is similarly unconstitutional. They want corporations to be able to sponsor candidates and parties directly while claiming with a straight face this would not result in any sort of corruption. And while, this month, they take no issue with corporations being subject to the existing contribution limits, anyone paying attention knows that eliminating such caps will be corporate America's next prize in its brazen ambition for absolute control over our elections.

The US Constitution has served us very well, but when the supreme court says, for purposes of the first amendment, that corporations are people, that writing checks from the company's bank account is constitutionally-protected speech and that attempts by the federal government and states to impose reasonable restrictions on campaign ads are unconstitutional, our democracy is in grave danger.

I am a proud sponsor of a number of bills that would respond to Citizens United and begin to get a handle on the problem. But something more needs to be done – something more fundamental and indisputable, something that cannot be turned on its head by a rightwing supreme court.

That is why I have introduced a resolution in the Senate (introduced by Representative Ted Deutch in the House) calling for an amendment to the US Constitution that says simply and straightforwardly what everyone – except five members of the United States supreme court – understands: corporations are not people with constitutional rights equal to flesh-and-blood human beings. Corporations are subject to regulation by the people. Corporations may not make campaign contributions – the law of the land for the last century – or dump unlimited sums of money into our elections. And Congress and states have broad power to regulate all election spending.

I did not introduce this lightly. In fact, I have never sought to amend the Constitution before. The US Constitution is an extraordinary document that, in my view, should not be amended often. In light of the supreme court's Citizens United decision, however, I see no alternative. The ruling has radically changed the nature of our democracy. It has further tilted the balance of power toward the rich and the powerful at a time when the wealthiest people in this country have never had it so good.

At a time when corporations have more than $2tn in cash in their bank accounts, make record-breaking profits and swarm Washington with their lobbyists 24 hours a day, seven days a week, for the highest court in the land to suggest that there is just not enough corporate "speech" in our system defies the bounds of reason and sanity. The ruling already has led to plans, for example, by industrialist brothers David and Charles Koch to steer more than $200m – potentially much more – to conservative groups ahead of election day 2012. Karl Rove has similar designs.

Does anybody really believe that that is what American democracy is supposed to be about?

I believe that the Citizens United decision will go down as one of the worst in our country's history – and one that demands an amendment to our Constitution in order to restore sovereign power to the people, as our nation's founders intended.

If we do not reverse it and the culture of corporate dominance over our elections that it has exacerbated, there will be no end to the impact that corporate interests have on our campaigns and our democracy.

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User Comments

jalapeno7

20 January 2012 2:06PM

It also allows Unions to do the same thing...

RipThisJoint

20 January 2012 2:15PM

Good luck Bernie, i hope it passes, but i'm afeared it's too late. And yes, jalapeno7, you can include the unions too.

FactsAreShakered

20 January 2012 2:16PM

"We must stop this corporate takeover of American democracy"

Bit late for that don't you think? It would be better if the Yanks just stopped pretending and let the candidates run with corporate logos openly displayed. Obama would have run with posters that said "Hope and some small Change brought to you by Citigroup" and Bush-Cheney would have run on a combined Halliburton/Chevron/Lockheed ticket.

MosDeffo

20 January 2012 2:16PM

point being?

FactsAreShakered

20 January 2012 2:18PM

Sorry I meant Halliburton/Chevron/Boeing. You know all those wonderful folks who bring us the oil and drop the bombs and missiles to get it.

Rabbit8

20 January 2012 2:20PM

Does the mainstream media ever give Ron Paul any air time in the interests of Democracy. I actually saw a Republican debate last night and the tv station didn't even pan across to show Ron Paul was on the podium.

I am not a Republican but this political party need to ask some very deep and searching questions.

In the meantime check out this link http://maxkeiser.com/

Get educated folks ...

JennM

20 January 2012 2:23PM

Bernie, I wish you would run for president - you'd make America great again.
And yes, I do agree with you that coorperations are not people. But money talks. In fact, it threatens, cajoles, and throws tantrums when it doesn't get its way, so until we can do away with the power huge sums of money wield, we're stuck with this pitiful plutocracy.

Unencom

20 January 2012 2:25PM

Basically if you oppose corporate support of political positions and candidates then you should be furious at the likes of Wikipedia and Google using yesterday to protest against SOPA

OldStager

20 January 2012 2:28PM

Bit late mate; were you always slow to catch on?

c2shiningc

20 January 2012 2:28PM

Go Bernie!!
"Live Free or Die" is prominently displayed on every New Hampshire,US
(Bernie's home state) license plate & we're with you!

Bauhaus

20 January 2012 2:31PM

I`ve never seen a nation so willingly give itself over to a group of people who could not care less for them if they tried.

Its amazing.

MrJoe

20 January 2012 2:32PM

There's nothing in the constitution that grants congress the power to limit donations. Do not blame the supreme court for that - blame past governments for failing to ammend the constitution.

Frankly, your opinion that SCOTUS is there to make the law rather than to interpret the law is the biggest problem in US politics.

Ammending the US constitution requires the consent of a supermajority of states. However, there's a loophole that been exploited by presidents and congressess of both parties for decades - they effectively ammend the constitution by packing the supreme court with people who will act as if the constitution has been ammended. The states don't get any say on SCOTUS appointments so, naturally, this abuse has mostly been used to expand the power of the federal government at the expense of the states.

Unencom

20 January 2012 2:32PM

And are the owners of the New York Times, the Wall Street Journal not corporations?

If so how come media corporations will have the right to express their political opinions but retail or manufacturing corporations won't?

OfficeEd

20 January 2012 2:35PM

"Basically if you oppose corporate support of political positions and candidates then you should be furious at the likes of Wikipedia and Google using yesterday to protest against SOPA"

ridiculous comparison.

Google blacked out their name yesterday, in protest, and you expect people to be furious about it?

SadhbhWalshe

20 January 2012 2:36PM

Nearly 200,000 signatures already on Senator Sanders petition to reverse Citizens United.

Clearly this is an issue the people (living breathing people that is, not profit making entities) are invested in.

mattseaton

20 January 2012 2:41PM

The Center for Public Integrity just posted this handy historical explainer on the Citizens United decision and the law on political donations.

Unencom

20 January 2012 2:42PM

They used their corporate power to influence the political debate- rightly in my view- but exactly what people like Bernie Saunders want to stop.

OfficeEd

20 January 2012 2:45PM

"If so how come media corporations will have the right to express their political opinions but retail or manufacturing corporations won't?"

because bankrolling candidates is not the same as expressing an opinion.

zolotoy

20 January 2012 2:46PM

Ah, yes, Bernie Sanders, the guy who talks liberal but knee-jerk supports our Likudnik foreign policy and always seems to manage to bring home military-industrial pork to his district. Small wonder he's waited to introduce such a proposal until it's much too late.

RichardSeddon

20 January 2012 2:46PM

If corporations are people then they should be taxed at the same rate as people on their worldwide income.

People die, but corporations do not. They do not retire at age 65. Maybe they should.