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no_hypocrisy

(46,116 posts)
Thu Aug 6, 2015, 10:23 AM Aug 2015

After the present general election in 2016, do you think a challenge could be mounted against

Citizens United and would it be accepted for review by the Supreme Court (even assuming a republican in the WH who would replace non-conservative judges)?

This election will provide evidence that unlimited contributions to candidates subverts the primary process and elections in a democracy. While loathsome in my eyes, there are republican candidates who don't have a fair chance to compete even 18 months from the general election.

The wild card in my premise is Donald Trump whose candidacy is funded solely by his own money and he is immune from the largess of Super PACs and megadonors. I worry that his riding the polls on top eviscerates my argument as the Super PACs are essentially neutralized as long as he stays in the race and remains popular. The other wild card would be Bernie Saunders competing admirably against Hillary Clinton and her PACs. On first blush, it appears that democracy is still working well, but I think that's a superficial analysis.

There was a valid reason why there used to be a box on the 1040 federal tax returns where you could check off and have a single dollar donated to the general elections, to keep the process fair. It doesn't matter now.

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After the present general election in 2016, do you think a challenge could be mounted against (Original Post) no_hypocrisy Aug 2015 OP
One thing at a time. SheilaT Aug 2015 #1
Our governance was bought long before Citizens United. JayhawkSD Aug 2015 #2
Who was hurt be this decision and who has standing? Agnosticsherbet Aug 2015 #3
 

SheilaT

(23,156 posts)
1. One thing at a time.
Thu Aug 6, 2015, 10:30 AM
Aug 2015

If Bernie wins the election, there's a good chance he will try to introduce legislation to counter that decision.

If it's Hillary, who knows? If it's a Republican, any Republican, probably not.

If the White House occupant starting January 20, 2017, is someone who doesn't seem interested in overturning Citizens United, then we need to try to move our Senators and Representatives to do so.

 

JayhawkSD

(3,163 posts)
2. Our governance was bought long before Citizens United.
Thu Aug 6, 2015, 10:37 AM
Aug 2015

That decision merely codified the corruption, but legislators were in the pocket of K Street long before the Supreme Court made that decision. The military-corporate complex was in control of national defense decades before that decision.

The revolving door between the military, Congress, White House staff, and corporate America has been in place for decades. The President's Cabinet comes from corporate boardrooms, and then returns to corporate executive offices. Military officers retire to second careers af corporate executives. Other Military officers move on to legislative and White House staff roles.

Citizens United is a pimple on the butt of the corruption that has destroyed democracy in this nation. For democracy to return, the very actors who have destroyed it for their own profit would have to reverse their actions to their own detriment. Not going to happen.

Agnosticsherbet

(11,619 posts)
3. Who was hurt be this decision and who has standing?
Thu Aug 6, 2015, 10:43 AM
Aug 2015

Even the losers in the political arena who are benefiting from SuperPacs are unlikely to kill the goose that laid their golden eggs.

I will also add that self funding a campaign is protected by campaign law.

Some person would have to show for the court that having all that black money sloshing through the political system caused injury. You will also need a court willing to take on its own stupid decision. Until some of the major players on the conservative side of the court are replaced with more liberal members, I don't see that happening.

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