2016 Presidential Election: The Final Opportunity To Overturn Citizens United v. FEC | The Odyssey Online
Start writing a post
Politics and Activism

2016 Presidential Election: The Final Opportunity To Overturn Citizens United v. FEC

A vote for president equates to a vote for Supreme Court nominees in 2016.

29
2016 Presidential Election: The Final Opportunity To Overturn Citizens United v. FEC
Newsweek

If one were to listen only to the rhetoric on the presidential campaign trail thus far, a very clear picture of campaign finance would be painted: Citizens United v. Federal Election Committee (FEC) was corrupting and thus campaign finance reform is immediately necessary to overturn the decision. The first bullet on Hillary Clinton’s campaign finance reform plan on her website is “Overturn Citizens United.” Bernie Sanders frames it as a scenario in which money is preventing democracy and vows to only appoint Supreme Court nominees who hold this view and plan on overturning the decision, as well. Even Donald Trump highlights his partial self-funding (which is occurring at least until the general election, last I heard), as it does not tie him to any special interests. But as the book "Plutocracy United" notes, this is a limiting view of the magnitude of the Citizens United’s effects.

I argue, like "Plutocracy United" author Richard Hasen, that while this is a problem of economic inequality manifesting as political inequality and should be addressed as such, it may not be as detrimental to our political landscape as it has been characterized. This is for three reasons. One, Citizens United is a perfect example of neoliberal economic policy that utilizes the government as a tool for crafting competition while simultaneously claiming deregulation as a laissez-faire style of governance. But most of the campaign finance legislation and court cases decided post-Federal Election Campaign Act of 1972 (FECA) were derived from this same rationale, rolling back the original restrictions of FECA, creating inconsistent state restriction standards or inadvertently moving money into PACs. Accordingly, the literal policy may be different post-Citizens United, allowing larger sums of money to move around (especially with the creation of SuperPACs by the SpeechNow.org v. FEC case in Citizens United’s wake), but the general campaign finance climate hasn’t changed much.

Second, this lack of change is visible in the absence of direct correlation between campaign contributions or spending and a number of potential outcome biases. Higher candidate campaign spending does not equate to election by the people as their representative, and large contributions to a candidate only truly ensure access, not decision-making power. And while the partisan divide on opinions over whether or not Citizens United should be overturned could make it seem as if the Republican party is spending more heavily and thus influencing more policy, money is actually flowing freely on both sides of the aisle. This further entrenches Congress in hyperpartisanship, with influential donors holding representatives accountable for embodying party values.

And third, one of the potential solutions to political inequality resulting from economic inequality is already underway: netroots organizing, which is essentially the use of online interest groups mobilized by the people to exert political influence on their behalf, often directly against the influence chased by big money. Ironically, the ability of the people to organize on a large-scale like this is also spawned from the Citizens United decision, as the lack of restrictions can be utilized by the masses as much as it can the elite in order to make their voices heard. Issue advocacy groups have always been a vehicle for the people to insert their opinions into the political dialogue, but with the evolution of the Internet and social media there is a new opportunity for individuals of these groups to be heard more easily by their peers, snowballing the groups’ size and reach, often overshadowing the corporate media in social media landscapes. While the reach of grassroots organizing has been completely revolutionized by social media, the level of action resulting from those reached is often less than necessary to actually organize on behalf of issues. This is oft-used term “slacktivism” in direct practice. Thus, while these practices have been helpful in ensuring the scales don’t tip too heavily towards the will of the moneyed and influential, at best, citizen engagement in such endeavors falls below the levels necessary to incite real change, due the burden it puts on individuals to devote time or money.

And even if such a group mobilized on the platform of overturning Citizens United, it would take Congress legislating in line with the will of the people. This brings us briefly to the second possible solution, a Constitutional Amendment. I say briefly because the likelihood that such an amendment (which is difficult legislation to pass in any circumstance) would pass our deeply partisan and gridlocked Congress is low, especially considering its current Republican sway, as these legislators do not generally support overturning Citizens United. And amendments or new regulations cannot be passed on the state level, to later influence federal policy because of the language of Citizens United, which deemed certain restrictions as unconstitutional.

Then, we must go full circle, back to the Supreme Court, who can reverse the precedent of constitutionality they previously set. This presidential election, which was always likely to decide a court seat or two, coupled with the unexpected death of Justice Scalia, has provided a narrow window for the American people to vote for president with Supreme Court nominees and potential cases clearly in mind. And with the lifetime appointment of Supreme Court Justices, if this window closes it will likely not reopen for a generation, during which Citizens United as the standard for campaign finance policy will become legitimated. Thus, this election is the last chance for the citizenry of this country to speak decisively on Citizens United. But if they voice a desire for it to be overturned, the Supreme Court must still choose to hear a case that could result in an overturning and then must decide as such. What true reformative campaign finance policy could arise from such a verdict, though, is unclear, as new regulations would have to be produced in a still bitterly divided legislative environment, requiring an aforementioned well-mobilized citizenry in order to have their concerns heard.

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Relationships

Power of Love Letters

I don't think I say it enough...

445654
Illistrated image of a letter with 2 red hearts
StableDiffusion

To My Loving Boyfriend,

  • Thank you for all that you do for me
  • Thank you for working through disagreements with me
  • Thank you for always supporting me
  • I appreciate you more than words can express
  • You have helped me grow and become a better person
  • I can't wait to see where life takes us next
  • I promise to cherish every moment with you
  • Thank you for being my best friend and confidante
  • I love you and everything you do

To start off, here's something I don't say nearly enough: thank you. Thank you, thank you, thank you from the bottom of my heart. You do so much for me that I can't even put into words how much I appreciate everything you do - and have done - for me over the course of our relationship so far. While every couple has their fair share of tiffs and disagreements, thank you for getting through all of them with me and making us a better couple at the other end. With any argument, we don't just throw in the towel and say we're done, but we work towards a solution that puts us in a greater place each day. Thank you for always working with me and never giving up on us.

Keep Reading...Show less
Lifestyle

11 Signs You Grew Up In Hauppauge, NY

Because no one ever really leaves.

19172
Map of Hauppauge, New York
Google

Ah, yes, good old Hauppauge. We are that town in the dead center of Long Island that barely anyone knows how to pronounce unless they're from the town itself or live in a nearby area. Hauppauge is home to people of all kinds. We always have new families joining the community but honestly, the majority of the town is filled with people who never leave (high school alumni) and elders who have raised their kids here. Around the town, there are some just some landmarks and places that only the people of Hauppauge will ever understand the importance or even the annoyance of.

Keep Reading...Show less
Lifestyle

Moana's Top 10 Life Tips

"Moana" is filled with life lessons that involve far more than finding true love as many other Disney movies do.

42954
Animated image of a woman with long dark hair and tattoos
StableDiffusion

1. It's easy to be fooled by shiny things.

Digital image of shiny gemstones in cased in gold. shiny things StableDiffusion

Tamatoa created a liar filled with shiny things simply for the purpose of tricking fish to enter and become his food. He too experiences a lesson in how easy it is to be tricked by shiny things when Moana distracts him by covering herself in glowing algae so Maui can grab his hook.

Keep Reading...Show less
Student Life

7 Types Of Students You Will Meet In College

You wish you could be #5, but you know you're probably a #6.

22174
cool group of lazy college students in class
StableDiffusion

There are thousands of universities around the world, and each school boasts its own traditions and slogans. Some schools pride themselves on sports, while others emphasize their research facilities. While there is a myriad of differences among each and every school, there will always these seven types of students in class.

Keep Reading...Show less
Featured

15 Rhyme Without Reason Greek Life Function Ideas

When you have no ideas for what to wear to this date function

322560
A dog and a frog
Healthy Pets

I am going to a rhyme without reason date function and I have looked at so many different rhyming words and I figured there need to be a new list of words. At these functions, there are usually at least two rockers and boxers and an umpteenth amount of dogs and frogs. I have come up with a list of creative and unique ideas for these functions.

If you like what you see, get a shopping cart going with these costumes.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments