Isis
Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I will just come out and say it. Citizens United was one of the worst decisions in the history of the Supreme Court. It was a…
Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
Madam President, I will just come out and say it. Citizens United was one of the worst decisions in the history of the Supreme Court. It was a disaster, a radical exercise of pro-corporate judicial activism. It was seriously flawed both legally and factually.
Legally, the Court trampled its own precedence--cases such as Austin v. Michigan Chamber of Commerce and McConnell v. Federal Elections Commission, which had been on the books for years and stood for the obvious proposition that the people can enact reasonable limits on money and politics.
Factually, the Court rested its conclusions on the faultiest of premises--that unlimited campaign expenditures by outside groups, including corporations, do not give rise to corruption or even the appearance of corruption. That assessment is disconnected from reality and is horribly out of touch with the sentiments of most Americans. For example, the Minnesota
League of Women Voters issued a report in which it concluded that ``the influence of money in politics represents a dangerous threat to the health of our democracy in Minnesota and nationally.'' I think if you asked most people whether unlimited spending on campaigns has a corrupting effect, they would agree and say, yes, of course it does, and I think they would be right. But the decision in Citizens United was based on this unfounded and unbelievable idea that we have no reason to be concerned about the effects of unlimited campaign spending.
So we have this 5-to-4 Supreme Court decision that ignores the law, ignores precedent, invents facts, and as a result we ended up with a campaign finance system in tatters--one in which deep-pocketed corporations, superwealthy individuals, and well-funded special interests can flood our elections with money, thereby drowning out the voices of middle-class Americans who don't have the luxury of spending hundreds of thousands of dollars or millions of dollars or hundreds of millions of dollars to influence the political process.
This is real. Spending by outside groups more than tripled from the 2008 Presidential campaign to the 2012 Presidential campaign when it topped $1 billion. Outside spending went from $330 million in 2008 to over $1 billion in 2012. What happened in the interim? Well, it was Citizens United in 2010 and the floodgates were opened.
The middle class is not just being flooded, it is being blindfolded too, because these wealthy special interest groups can often spend the money anonymously, so voters have no idea who is behind the endless attack ads that fill the airwaves.
Here is how it works: If you have millions of dollars you want to spend, you can funnel it through back channels so that it ends up in the hands of a group--typically one with a generic and benign-sounding name.
I was trying to invent a name, such as ``Americans for More America'' and ``American America.'' I was kind of joking around, and it turns out there is group that has that name. They use this money to buy ads and very often without disclosing the source of their funds. To me, this whole thing looks a lot like money laundering, except now it is perfectly legal.
Again, this is real. A study just came out which showed that in the current election cycle alone there have already been over 150,000 ads run by groups that don't have to disclose the source of their funding, and things are just getting worse. Earlier this year, in a case called McCutcheon v. Federal Election Commission, the Supreme Court was at it again, recklessly doing away with a law that prohibited people from giving more than $123,000 in the aggregate directly to candidates in an election cycle. The limit had been $123,000. Who has that kind of money? Who has that kind of money lying around to spend on elections? Well, I guess the super-rich have that kind of money, but the middle class certainly doesn't. The folks I meet with in Minnesota are trying to make ends meet, pay off their student loans, train for a new job, or save some money to start a family. They sure don't have that kind of money just lying around, and they are the folks who need a voice here in Washington.
In June the Judiciary Committee held a hearing on the subject, and we heard from a witness whose presentation I found particularly persuasive and compelling. I suggest that my colleagues read his testimony. He was a State senator from North Carolina. He said:
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 heard of. But it was
clear that corporations and individuals who could write giant
checks had a new level of power in the state.
He went on to explain that the vast majority of outside money that was spent on State races, including the Governor's race, came from one man--just one man--who reportedly poured hundreds of thousands of dollars into State politics. Before the Governor was even sworn into office, he announced who would write the State's budget. Yes, it was that same donor. Apparently, the donor got his money's worth. The budget he drafted was loaded with goodies for corporate interests and the super-rich, provided at the expense of middle-class and working folks.
I find this whole thing incredibly disturbing, this idea that a handful of superwealthy corporate interests in effect can buy our democracy--or in this case one guy. That is not how it is supposed to work. Everyone is supposed to have an equal say in our democracy regardless of his or her wealth. The guy in the assembly line gets as many votes as the CEO--one. You don't get extra influence just because you have extra money--or you shouldn't. The government should be responsive to everyone and not just the wealthiest among us.
The way I see it is we can go two ways from here. On the one hand, we can continue to let Citizens United be the law of the land. We can perpetuate the fallacy that corporations have the constitutional right to flood our elections with undisclosed money. We can let deep-pocketed special interests buy influence and access and then set the agenda for the rest of the country or we can say enough is enough. We can restore the law to what it was before Citizens United was decided. More to the point, we can restore the voice to millions upon millions of everyday Americans who want nothing more than to see their government represent them. That is the choice we have before us this week. For those of us who believe the measure of democracy's strength is in votes cast, not dollars spent--for us, I think it is an easy choice.
I am going to vote to reverse Citizens United, and I urge my colleagues to do the same.
I thank the Presiding Officer.