Donald Trump does something shocking every day, but during the first debate of the Republican presidential primary he did something shocking in a good way: He was honest about how big money politics works. Here’s what he said:
Before this, before two months ago, I was a businessman. I give to everybody. When they call, I give. And you know what? When I need something from them, two years later, three years later, I call them. They are there for me. And that’s a broken system.
Trump later went on many similarly thrilling rants; it was a big part of what first distinguished him from the GOP pack. And his critique of a system rigged for the rich helped make him president.
But that was then, and this is now. The appointment of Trump’s choice Neil Gorsuch to the Supreme Court would take the broken campaign finance system and, rather than fixing it, potentially smash it with a sledgehammer.
There are not a whole lot of restrictions left on the power of money in politics in the wake of the Supreme Court’s 2010 Citizens United decision, which struck down any limits on spending by individuals, corporations or unions advocating for a candidate — as long as it’s purportedly “independent” and not directly coordinated with the candidate’s campaign.
But individuals are still barred from giving more than $5,400 directly to any one political campaign, and corporations, unions, and foreign nationals are barred from making any donations at all directly to candidates for federal office.
Overturning Citizens United is a central goal of campaign finance reformers and it’s impossible to imagine that Gorsuch would ever do that or in any way green light restrictions on money in politics.
But beyond that, his record suggest he could quite possibly vote for the final removal of all limits for anyone.
To understand why, you have to go back in time 40 years to a 1976 Supreme Court ruling in a case called Buckley v. Valeo.
The Buckley decision declared that the then-existing limits on political fundraising and spending implicate “core First Amendment rights.” Under well-established precedent, courts apply one of three standards when examining infringements on constitutional rights: “strict scrutiny,” “intermediate scrutiny,” and “rational basis review,” depending on how significant the court determines the infringement to be. The greatest infringements require strict scrutiny.
In Buckley, the court decided limits on expenditures require strict scrutiny and struck them down. But the court also found that contribution limits weren’t as much of an infringement on constitutional rights, and upheld them as as long as they were “closely drawn” and served a “sufficiently important” government interest: preventing corruption and the appearance of corruption. As a result, most limits on contributions have survived in subsequent cases as well.
This Buckley combination of limits on contributions but none on expenditures is why Trump could legally spend as much of his own money during the campaign as he wanted — but individuals could only give him a maximum of $5,400.
That brings us to a 2014 case called Riddle v. Hickenlooper that involved Colorado’s genuinely unfair restrictions on contributions to minor political parties. Gorsuch, who ruled on the case as a judge for the U.S. Court of Appeals for the Tenth Circuit, could have simply joined the majority opinion equalizing the limits for all political parties on equal protection grounds.
But he went beyond just voting with the majority, and instead wrote a concurring opinion musing that strict scrutiny for contribution limits “has much to recommend it” — though “we have no controlling guidance on the question from the Supreme Court.”
If you want the U.S. to retain any contributions limits, this is an extremely ominous perspective for Gorsuch to possess — since as a Supreme Court justice he would be one of the people creating such “controlling guidance.”
It’s particularly easy to imagine a Supreme Court with Gorsuch striking down all remaining contribution limits, since it’s already moving in that direction. In 2014, four years after Citizens United, the Court struck down something that Buckley had held was constitutional: a limit on the aggregate amount any individual could give to all candidates overall per election cycle. It was already set at a level almost no Americans could imagine donating, $48,600. But now the super-rich can give as much as they want to candidates across the U.S. as long as no single one gets more than $5,400.
Notably, Justice Clarence Thomas voted to strike down the limit and wrote a concurring opinion stating that all contribution limits are unconstitutional. And then-Republican National Committee chairman Reince Priebus immediately declared that “I don’t think we should have caps at all.” Priebus, now Trump’s chief of staff, presumably cares about nominating judges to the Supreme Court who share this view.
So it’s no surprise that the places like the Center for Competitive Politics, a D.C.-area think tank that exists to dismantle all limits on money in politics, is thrilled by Gorsuch’s nomination — in particular because in his Riddle v. Hickenlooper opinion Gorsuch appreciates “the legal uncertainty surrounding levels of scrutiny” of contribution limits.
If contribution limits are struck down in the future, billionaires would no longer have to go through the red tape of giving $10 million to a Super PAC supporting their favorite candidate. Instead they could give the $10 million (or more) directly to the candidate’s campaign.
According to Brendan Fischer of the Campaign Legal Center, a Washington, D.C. organization that supports stricter enforcement of campaign finance laws, there are no current cases that will soon come to the Supreme Court that “squarely challenge” the constitutionality of contribution limits, But, says Fisher, “there are a few cases that involve contribution limits that, if SCOTUS wanted, could raise these broader questions.” These include a lawsuit against Alaska’s contribution limits for being too low, and one dealing with aspects of Montana’s contribution limits.
Trump’s voters almost certainly would be unhappy with all of this if they knew about it: A recent poll found that 90 percent of Republicans thought it was important that Trump “nominates a Supreme Court justice who is open to limiting the influence of big money in politics.” But their perspective, as well as the deep hate Americans in general have for the Washington, D.C., swamp, no longer matters. That’s a broken system.
$100 a year per individual voter. Period. No bundling. No PACs. No SuperPACs. No artificially constructed entities. Just a level playing field where every individual American voter has an equal “say” in supporting and electing their preferred candidate through their contributions.
It’s not unequal. It’s certainly not unfair. Rather, it is a deliberate restriction aimed at reducing the influence of money on politics. It is a conscious restraining of class privilege; class privilege which has no other purpose than to artificially increase that class privilege for the benefit of a few at the expense of many. The purpose being to foster and increase democracy for everyone. Or is our current world situation today which is much the result of the efforts of our privileged elite a model of enlightenment that should be preserved and protected..?
Vacuous theories about what the founders intended or abstract, convoluted ideals about money and “freedom of speech” are nonsense. Did the founders intend to foster a people’s democracy? If they did, then money in politics is antithetical to that intent. It’s hardly rocket science. Stop it now.
On the other hand, if they didn’t, then these “hallowed founders” should be exposed as self-serving hypocrites and ignored. Let’s work on creating a true, working, people’s democracy from this point on.
Of course this kind of thinking is all anathema to a budding plutocracy: “My god! How can we control the rabble if we cannot use our wealth and privilege..?” Oh, the wailing. Heartbreaking. Time to stock up on Kleenex…
On the other hand, the ordinary people of the 99% have the numbers. They need to learn how to exercise that advantage. Boycott. That is always the inherent power of the masses. Whenever they stop allowing themselves to be manipulatively divided by entities that pretty much despise them and only tolerate their existence for the money they generate which can then be siphoned off for ongoing welfare for the wealthy (wealth concentration under neoliberal policies continues to accelerate as we speak); whenever the public of the 99% finally grows bone weary of being continuously and casually abused for someone elses benefit, then our privileged elite, which control both political parties, may experience the truth, much to their distress, that people who have nothing left to lose are likely to do anything.
It’s a detailed and plausible review of campaign finance case law up to this point; certainly, an analysis that harks back to Buckley v. Valeo knows the terrain.
It also suggests that TI has a good Westlaw account and can research this kind of case law. I would hope their pricing plan includes case law for the U.S. tax, immigration and military-appellate (Military Justice Reports) courts.
If those kids that took over the Democrat party can get the sticks out of their butts, maybe we could elect a rational outsider who actually WANTS to drain the swamp. That is an enormous “if” though.
This is no surprise. Trump played the big money game before he ran and after winning big money players were the ones he picked. Who of his cabinet picks is a know supporter of the working class? The Washington money game continues, full force, as usual!
My political satire, entitled “Washington Money Talk”, is on YouTube. Here is the link; http://www.youtube.com/watch?v=etPwzJvhxyI
Trump is doing nothing more than implementing and completing the corporate-take-over of the US Government.
Effectively backstabbing the majority of his voters.
Next election(S), dear folks, please vote Republican again…..
Make Democracy Great Again
it is thursday and now the info of positions held by Grosuch is coming out. He is a corporatist and very right wing crazy. Also the dems are now stating with clear rationale that the seat is stolen, and they are correct. It is high time the dems learned how to fight. If they lose this one and 2018, they will become disbanded and America gets a 3rd party. I wouldn’t bet that they can win this given the 7 to 14 turncoat votes in the senate. Chuck Schemer talks a good game but knows how to lose very professionally.
we shall see. i do hope the dems can block this wacko.
The alternative is letting politicians regulate who is allowed to spend on campaigns and political speech. That’s a scary thought.
Hillary had far more money in her campaign and spent by pro Hillary PACs. Jeb had more in the primary than the other R candidates. The idea that people will vote based on who spends the most has been shown to be false.
True, however it is more than votes that they are buying. Look at the Trumpsters, contributions purchase seats in your cabinet, which could lead to an Oligarchy much like the one the Plutocratic Dems have led us right into. Remember Citizen’s United went down in 2010. There has been 6 plus years of noble Democrats railing against the evils of Citizen’s United. Yet none have attempted to pen any significant legislation to combat it, (hard to count money and legislate simultaneously.) Americans need not forget the gluttony of campaign slush funds, cha-ching!
So in summary, the idea that more people vote for a candidate if they spend more isn’t necessarily true 100% of the time you are right. So, it is a gamble for sure. Your pony won’t always win, but when it does… Boom, it sure payed off for Rex Tillerson.
And no, the alternative is not letting politicians regulate who is allowed to spend on campaigns. How about the alternative of $0. Public finance, rank choice voting, equal required FCC mandated airtime for each candidate. It all starts with the Anti-Corruption Act, look into it if you’d like to make a difference.
Your claim is straight false. The Democrats drafted the DISCLOSE Act to combat Citizen’s United, support a Constitutional Amendment to overturn, and support anti-Citizen’s United judges.
None of which they can act on since they’ve had 0 control of Congress since 2010 and now lack the White House.
Your claim is straight false. The Democrats drafted the DISCLOSE Act to combat Citizen’s United, support a Constitutional Amendment to overturn, and support anti-Citizen’s United judges.
None of which they can act on since they’ve had 0 control of Congress since 2010 and now lack the White House.
Trump is an EYE WITNESS to the system of bribery and graft existing in DC.
Democrats and Republicans are both guilty.
They set up political trust funds instead of putting it directly in their own pockets to get around the laws against bribery, graft, and undue influence.
Hey …how come no one at The Intercept is writing about the Leftists [fascists] who rioted in Berkeley last night? I guess the First Amendment is off limits when Leftists are against it.
Oh nevermind, here’s a hard-hitting report on it; http://www.paulcraigroberts.org/2017/02/02/cal-berkeley-protesters-fascists
Screw you, I live in Berkeley and fully support the protestors. The bad guy here is the racist anti-gay asshole who tried to speak. Hate speech is not deserving of free speech protection, because it causes harm to already harmed people. You and your ilk are far closer to fascists than those of us who don’t tolerate hate speech against groups that have long been discriminated against.
Milo Yiannopoulos is now a racist? Prove it please. Cite some references please.
In today’s twisted leftist society facts = racism. Insane.
Here he is calling a black woman an ape.
https://www.washingtonpost.com/news/the-intersect/wp/2016/07/21/what-it-takes-to-get-banned-from-twitter/?utm_term=.92e5f7e23499
Oh…OH…HE DOES NOT RESPOND???? WHERE DID A.CITIZEN GO?
Eventually, every 3rd world republic is run by money and the courts. The US is no exception. What is the point in being elected if you cannot take power and keep it? People see power, gravitate to power, wield power. Simple physics. Say, isnt it about time the whores of congress voted themselves a big fat pay raise for the anticipated overtime workload?