Sunday, May 20, 2012

campaign contribution limits, Citizens United, the Constitution

Is a corporation a person? No.

But does the first amendment to the Constitution read "Congress shall make no law ... abridging the freedom of speech?" of course.

It doesn't say that individuals have a right to freely speak but that groups of people or entities representing people can be regulated in their expression or expenditures.

But to humor those who say that the "Citizens United" case should be overturned on the grounds that corporations aren't people -

Let's pretend that the first amendment didn't exist or that campaign contributions aren't speech. Article 1, Section 4 is the only place in the constitution that gives Congress authority over elections - but this is about ELECTIONS, not campaigning, not donations. "The Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations..." "Times and places" seems to mean when and where - and "Manner" seems to mean how the elections are held - type of ballot and type of elector system, for example.

Still, the feds would have no authority over campaign contributions because there is no positive grant of power to the federal government to regulate donations and funding to federal campaigns. How ridiculous is it that us regular people are restricted in how much we can donate directly to a presidential campaign; but then donations go to PACs, SUPERPACs, and lots of other far less accountable organizations. Abolish individual donation limit to candidates and increase transparency.

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