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The Supreme Court issued a ruling last week on the campaign finance that is still being discussed all over the country. In fact, it was even mentioned by President Obama at Wednesday night’s State of the Union address. The high court invalidated its own 20-year-old ruling -- which had upheld a one hundred-year-old statute on group political contributions -- and it also invalidated a portion of the McCain-Feingold Campaign finance law.
The 20-year-old ruling had forbidden any political spending by groups such as corporations, labor unions, and advocacy organizations (like the NRA and Planned Parenthood, for example). Ruling that all persons, individually and in groups, have the same unfettered free speech rights, the court blasted Congress for suppression of that speech. In effect, the court asked, “What part of ‘Congress shall make no law…abridging the freedom of speech’ does Congress not understand?” Thus, all groups of two or more persons are free to spend their own money on any political campaigns and to mention the names of the candidates in their materials.
The court also threw out the portion of McCain-Feingold law that had prohibited persons who pool their funds or contribute to Political Action Committees (PACs), from spending those funds, directly or through PACs, in the 60 day period preceding an election. Since that 60 day period preceding the election is the most vital in any campaign, the court held that the prohibition on expenditures during that time was a violation of the free speech guaranteed to all persons, individually and in groups, by the First Amendment.
Thus, as a result of this ruling, all groups may spend their own money as they wish on any political campaigns, but they still may not--as groups--contribute directly to candidates’ campaigns. The direct political contribution prohibition in McCain-Feingold that prevents corporations, labor unions, and advocacy groups from giving money directly to candidates was not challenged in this case, thus its constitutionality was not an issue before the court. Groups will thus effectively be running and financing their own campaigns for candidates independent of those candidates’ campaigns.
During the course of oral argument on this case in October in the Supreme Court, one of the FEC's lawyers replied to a question from Justice Antonin Scalia to the effect that the FEC could ban books if they were paid for by corporations, labor unions, or advocacy groups. This highly un-American statement in the Supreme Court by a government lawyer--that the federal government can ban political books--infuriated a few of the justices. The conservative justices were joined by Justice Anthony Kennedy, the swing vote between the conservative and liberal blocs on the Court. The Court's newest member, Justice Sonia Sotomayor, joined the dissent.
Faux News
...the Court’s opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self government since the founding, and who have fought against the distinctive corrupting potential of corporate electioneering since the days of Theodore Roosevelt.
Originally posted by hadriana
If that is the case - 'the WHAT' as free speech, the corporations as people - then perhaps I should program some androids robots and claim they should have all have free speech & the right to vote. I could put one on each street corner.
Why do I need androids? Why not little black boxes with speakers that won't shut up?
I think it is VERY relevant that corporations ARE things.
Why is this such a partisan issue?
The figures profiled here include money from two sources: These contributors were either the sponsors of a PAC that gave to the politician, or they were listed as an individual donor's employer. Donors who give more than $200 to any federal candidate, PAC or party committee must list their occupation and employer. Based on that information, the donor is given an economic code. These totals are conservative, as not all of the individual contributions have yet been classified by the Center. In cases where two or more people from the same family contributed, the income-earner's occupation/employer is assigned to all non-wage earning family members. If, for instance, Henry Jones lists his employer as First National Bank, his wife Matilda lists "Homemaker" and 12-year old Tammy shows up as "Student," the Center would identify all their contributions as being related to the "First National Bank" since that's the source of the family's income. Although individual contributions are generally categorized based on the donor's occupation/employer, in some cases individuals may be classified instead as ideological donors. A contribution to a candidate may be given an ideological code, rather than an economic code, if the contributor gives to an ideological political action committee AND the candidate has received money from PACs representing that same ideological interest.
(c) Recordkeeping. The treasurer of a political committee shall keep an account of— (1) all contributions received by or on behalf of such political committee; (2) the name and address of any person who makes any contribution in excess of $50, together with the date and amount of such contribution by any person; (3) the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year, together with the date and amount of any such contribution; § 432 Federal Election Campaign Laws 14 (4) the identification of any political committee which makes a contribution, together with the date and amount of any such contribution; and (5) the name and address of every person to whom any disbursement is made, the date, amount, and purpose of the disbursement, and the name of the candidate and the office sought by the candidate, if any, for whom the disbursement was made, including a receipt, invoice, or cancelled check for each disbursement in excess of $200.
Originally posted by seattletruth
In my opinion, only you people who now think that this is "not a big deal" have been fooled.
Like I said before, my father is a lawyer who writes law book that is bought all around the world.. He understands the scope of the law.
In his opinion this law truly is horrible. Why?
Although the law does not allow corporations to contribute directly to campaigns, it now allows them to contribute to funds for attack ads, or even positive ad campaigns. Their direct contribution was never the question.
Also, the ruling does not specifically BAR foreign corporations. It simply does not rule against them. You can bet your ass now that the gates have been opened, foreign corporations will invest in these campaign funds, simply because they are not specifically prohibited now.
You people don't seem to understand the concept that one single ruling that is not so bad, or all encompassing, can in effect open the flood gates for other rulings... especially when it comes to the supreme court.
Only the ones who believe this ruling will not have wide sweeping effects are the fools.
Originally posted by Eurisko2012
reply to post by FortAnthem
Fox News Channel rules!
Just look at the ratings.
NBC is going out of business.
Keeping going to Fox News. We have the whole truth.
[edit on 1-2-2010 by Eurisko2012]