The Citizens United Decision
How Politics in American Politics Changed After Citizens United and How We Can Revert It
The landmark Supreme Court ruling on **Citizens United v. Federal Election Commission (FEC)**, decided on January 21, 2010, fundamentally altered the landscape of American politics. The ruling held that corporate funding of independent political broadcasts in candidate elections cannot be limited under the First Amendment. This decision effectively allowed corporations and unions to spend unlimited amounts of money on political campaigns, provided these expenditures were independent of the campaigns themselves. This led to the creation of Super PACs (political action committees) which can raise and spend unlimited amounts of money to influence elections.
Political Changes Post-Citizens United
1. Surge in Political Spending:
Exponential Increase: Political spending surged dramatically post-Citizens United. The 2012 election cycle saw spending by outside groups reach unprecedented levels, and this trend has continued in subsequent elections. The Center for Responsive Politics reported that outside spending in federal elections increased from $143 million in 2008 to over $1 billion in 2012, largely due to the influx of Super PAC money.
Influence of Wealthy Donors: The decision amplified the political influence of wealthy individuals and corporations. Billionaires and large corporations now have a more direct and substantial impact on election outcomes and policy decisions.
2. Rise of Super PACs:
Unlimited Contributions: Super PACs can receive unlimited contributions from corporations, unions, associations, and individuals, and can spend unlimited amounts in support of or opposition to political candidates.
Dark Money: The rise of Super PACs has also led to an increase in “dark money,” funds donated to nonprofit organizations that can receive unlimited donations from corporations and individuals but are not required to disclose their donors. This lack of transparency has raised concerns about accountability and the influence of hidden money in politics.
3. Shift in Political Influence:
Policy Shaping: With the ability to spend unlimited amounts on political campaigns, corporations and wealthy individuals can exert significant influence over policy decisions that affect their industries and investments. This has led to concerns that elected officials may prioritize the interests of their major donors over those of their constituents.
Political Polarization: The influx of money has also contributed to increased political polarization. Candidates often cater to the extremes of their parties to secure funding from ideologically driven donors, leading to a more divided political landscape.
Steps to Revert the Influence of Citizens United
1. Constitutional Amendment:
Introduction and Ratification: Amending the U.S. Constitution is one of the most definitive ways to overturn Citizens United. This requires a proposed amendment to be approved by a two-thirds majority in both the House of Representatives and the Senate, and then ratified by three-fourths of the state legislatures.
Grassroots Support: Building broad, bipartisan support for such an amendment is crucial. Movements like Move to Amend are working towards this goal by advocating for an amendment that clarifies that money is not speech and that human beings, not corporations, are entitled to constitutional rights.
2. Supreme Court Reversal:
New Case: A new case challenging the principles of Citizens United could be brought before the Supreme Court. If the composition of the Court changes with justices who are opposed to Citizens United, there is potential for the decision to be overturned.
Judicial Appointments: Advocating for the appointment of Supreme Court justices who favor campaign finance reform can help create a judiciary more inclined to reconsider Citizens United.
3. Legislative Actions:
Campaign Finance Reform Laws: Congress can pass laws to enhance transparency in political spending, such as requiring full disclosure of donors to Super PACs and dark money groups. Measures like the DISCLOSE Act aim to increase transparency in political contributions.
Public Financing: Implementing robust public financing options for campaigns can reduce candidates’ reliance on large donors and corporate money. This can help level the playing field and ensure that elected officials are more accountable to their constituents.
4. State-Level Initiatives:
Model Legislation: States can pass laws that increase transparency and limit the influence of money in state and local elections. Some states have already implemented public financing systems and strict disclosure requirements.
Ballot Measures: Voters in individual states can support ballot initiatives aimed at reducing the impact of money in politics and pushing for a federal constitutional amendment.
5. Public Advocacy and Education:
Grassroots Movements: Grassroots organizations can mobilize public opinion and advocate for campaign finance reform through education, protests, and lobbying efforts. Building awareness and understanding of the issues is key to driving change.
Coalition Building: Forming broad coalitions across political lines can amplify the call for change and increase pressure on lawmakers to act. Engaging with diverse groups can help create a united front against the influence of big money in politics.
Conclusion
The Citizens United ruling has profoundly impacted American politics by amplifying the influence of money in elections and policymaking. Reversing this trend requires a multifaceted approach, including constitutional amendments, Supreme Court challenges, legislative reforms, state-level initiatives, and robust public advocacy. By working together across political divides, Americans can reclaim the democratic process and ensure that government power is truly in the hands of the people.
For further reading and involvement, see:
- [Oyez: Citizens United v. Federal Election Commission](https://www.oyez.org/cases/2008/08-205)
- [Federal Election Commission: Citizens United Decision](https://www.fec.gov/updates/citizens-united-v-fec/)