Saturday, February 6, 2010

Dodd's Proposed Amendment A Bridge Too Far?

Senator Dodd wants to amend the Constitution to give Congress the right to regulate political contributions. This,of course, is in reaction to the Supreme Court's ridiculous decision in the Citizen United case to grant corporations Freedom of Speech rights.

Although Senator Dodd's heart is in the right place, I'm not comfortable with this proposed measure. It gives Congress too much power. A simpler solution - an amendment that limits corporations' rights w/o granting more power to Congress.

8 comments:

  1. Jonathan, the "ridiculous" decision upholds the absolute right to freedom of political speech in the First Amendment. This bothers you?

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  2. Yes, because the right belongs to real people only, not to business enterprises.

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  3. Right. Because businesses are made up of Martians, not "real people".

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  4. As a matter of principle I prefer a non constitutional amendment to solve the problem. Legislation to make it a requirement to get two thirds of stockholders or union members to agree on the message/candidate before the corporation is able to promulgate it is a better way. I just hope that the Supreme Court does not go to the extreme of giving corporations, as persons, the right to vote.

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  5. @ gerard - corporations can be made up solely of other corporations or trusts or whatever.

    @ wtfd - why wouldn't the SC hold that unconstitutional as well?

    @ Vincent:

    The Court's decision in Citizens United v. Federal Election Commission goes against the intent and understanding of founders like Chief Justice John Marshall, who referred to the corporation as an "artificial being, invisible, intangible"; and Thomas Jefferson, who warned almost two centuries ago that America must "crush in its birth the aristocracy of our moneyed corporations, which dare already to challenge our government to a trial of strength and bid defiance to the laws of our country."

    President Obama was right on point when he said, "I can't think of anything more devastating to the public interest. The last thing we need to do is hand more influence to the lobbyists in Washington, or more power to the special interests to tip the outcome of elections."

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  6. Jonathan: there were more than two founders. The concept of corporation as entity has a long tradition behind it. Jefferson, btw, was famed for his suspicion of anything that smacked of cosmopolitanism, modernity or the city. This quote is no exception. Again, there is nothing devastating in upholding the First Amendment.

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  7. Is that the same Jefferson who said "that truth is great and will prevail if left to herself; that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict unless by human interposition disarmed of her natural weapons, free argument and debate; errors ceasing to be dangerous when it is permitted freely to contradict them."?

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  8. It was a Republican president, Teddy Roosevelt, who was so worried about the power of the trusts that he called for public financing of elections and told Congress, "All contributions by corporations to any political committee or for any political purpose should be forbidden by law."

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