
Last week's Supreme Court ruling striking down the ban on direct corporate spending in elections could allow overseas corporations -- even those controlled by foreign governments -- to pour money into U.S. elections, supporters of campaign-finance regulation warn.
"Clearly there's a huge opening now," Stephen Spaulding of Common Cause told TPMmuckraker.
The ruling affirms that corporations, like individuals, have a free-speech right to spend unlimited amounts from their general treasuries on ad campaigns that support or oppose political candidates. It's true that foreign nationals are currently prohibited by law from making independent expenditures in U.S. elections. But that prohibition has little teeth. According to experts, it doesn't apply to foreign-owned corporations that incorporate in the U.S., or have U.S. subsidiaries -- meaning most foreign multinationals likely aren't covered. So there's "essentially no difference" between domestic and foreign corporations in terms of their ability to pump money into U.S. elections, says Lisa Gilbert of U.S. PIRG -- a view backed by several other advocates of increased regulation.
And even if the definition of a foreign corporation were interpreted more broadly, the logic of the ruling suggests the ban may now be unconstitutional anyway. In ruling for the majority, Justice Kennedy wrote that the court's decision did not address the issue of foreign actors -- implying that the ban would remain in place. But as Justice Stevens pointed out in his dissent, the vision of free speech that the court has embraced -- and the notion that corporations should be treated as individuals -- could make it very difficult to support singling out foreign corporations for special restrictions. "The sweeping freedom of speech rhetoric would have applicability to foreigners," says Edward Foley, an election-law expert at Ohio State University, who thinks the court has sent "mixed signals" on the question.
Not that we're necessarily going to see the Chinese government rushing into the 2010 midterms. First, free speech law always involves a balance, cautions Foley, and the courts are less inclined to see overseas entities as entitled to the same protections as domestic ones. So in practice, foreign corporations may end up enjoying less freedom to act than some reform advocates fear.
In addition, Congress is already talking about legislative fixes for some aspects of the problem -- there should be a formal legislative proposal as early as next week, we're told. Broadening the definition of a foreign corporation, to close the loophole that currently exists, is one issue under discussion.
Late Update: Sure enough, Rep. Chris Van Hollen (D-MD) says he's working on legislation to fix the problem, declaring: "There's a big danger that the decision opens the door to foreign owned corporations indirectly spending millions of dollars to influence the outcome of U.S. elections through their American subsidiaries."

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Powkat
January 25, 2010 1:34 PM
Big money foreign corporations: Saudi oil companies, Venezuelan oil companies, Swiss banks, Japanese car & electronic companies, and that's off the top of my head. We won't just be the United Corporate States, we will be the International Corporate States of America. Heck of a job, Robbie!
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Johann
January 25, 2010 3:52 PM in reply to Powkat
Does this SCOTUS decision now mean that these foreign owned companies can run for office, or do they have to still use "front" men and women?
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mcrose68
January 25, 2010 6:57 PM in reply to Johann
Well, according to the SCOTUS the do have all the Constitutional rights of individuals. Since a corporation is entitled to all the protections of the constitution, of course it can run for office. In fact, if I'm not mistaken individuals can marry also. . . But how do you tell if a corporation is a man or a woman?
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ohyeathatsright
January 25, 2010 7:20 PM in reply to mcrose68
What if the corporation is gay?
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Cal Gal
January 25, 2010 9:17 PM in reply to ohyeathatsright
LOL. Not only funny, but pointing out the inherent ambiguity of treating a corporation like a "person" i.e. a human being.
Hopefully, this very stupid decision will be the needle that breaks the camel's back.
Is KBR and "American" corporation? How do you determine that? Well, it seems to me that as a "corporation" is a "fictional" entity, it "exists" only where it is incorporated.
And KBR is incorporated in Dubai. Many, many other corporations are incorporated in the Cayman Islands. Do they have "free speech" to influence American elections? Then why doesn't Hugo Chavez.? Or Osama Bil Laden? Or Bill Lee, the Chinese guy who got convicted for giving money to candidates? If I were HIS lawyer, I'd file right away, saying that HIS free speech rights were violated.
The Supreme Court LOVES to "balance" "interests" in reaching its decisions. Let's see it balance the "free speech" rights of corporations with individuals on the basis of whether or not they're "foreign."
Bring it ON!
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Cal Damage
January 28, 2010 6:04 PM in reply to Cal Gal
Hey wait, i think you're onto something.
Rights apply regardless of gender, since corporations aren't gendered, but are 'persons' now.
So every law in the US that specifies gender in any contract, including all marriage licenses, is, by the logic in this decision, unconsitutional.
Must call the Anti-Prop8 lawyers at CA trial right now...
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CVille Dem
January 29, 2010 5:52 AM in reply to mcrose68
I want to see the corporation's birth certificate!
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goldiera
January 26, 2010 12:36 AM in reply to Powkat
You sum it up well. The individual voice or vote has been made irrelevant. If this stands, the shabby sorry remains of our republic have been destroyed for good.
This is the final nail in the coffin of our freedom. This ruling sounds like something out of pre-revolutionary France.
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Avvocato
January 29, 2010 8:32 AM in reply to Powkat
Citgo (American Corp) owned by PetrĂ³leos de Venezuela, S.A.
I'm sure there are thousands of similar examples.
We need a constitutional amendment to protect us from this "activist" court.
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Sailormarlowe
January 25, 2010 2:45 PM
Have US companies ever influenced or affected foreign elections?
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CVille Dem
January 25, 2010 6:21 PM in reply to Sailormarlowe
No, but our armies have. We took out the Iranian elected President, and put the Shah in. It's so much more efficient than just paying for ads. Maybe the Supreme Court will rule that we can forget that middle-man scenario and just "Pull an Iran" to get who they want in charge over here.
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kenga
January 25, 2010 8:35 PM in reply to CVille Dem
Uh. C'mon, you know better than that.
United Fruit ring any bells? And that's just Monroe Doctrine stuff.
And in 1953 Iran, it was really Occidental Petroleum driving the process - the US played a role, but Britain was more involved and benefited more at the outset. The US military was never involved in any active sense. Also - don't forget that the Shah abdicated his throne in a peaceful transition to constitutional democracy, years before he wound up as the dictator of Iran. Important detail that helps to highlight the egregiously andtidemocratic and imperialistic nature of the coup. Makes you wonder what would have happened if Mossadegh had been elected as an Islamist rather than a Communist ...
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Cal Gal
January 25, 2010 9:26 PM in reply to kenga
Payback is a bitch.
But this is worse. It's not even payback. It's kind of like mea culpa. It's self-flagellation, it's "OK, we screwed with foreign elections, and now they can screw with ours."
Impeach John Roberts.
Impeach Antonin Scalia.
Impeach Sam Alito.
Don't bother with Clarence Thomas. He's a dead brain on a living body anyway.
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CVille Dem
January 25, 2010 10:36 PM in reply to Cal Gal
No, we have to impeach Thomas too. After all, we know he lied multiple times during his confirmation hearings. This is the guy who stated under oath that he had never discussed, or even thought about abortion. Oh. And he didn't do a single thing to Anita Hill!
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jeffgee
January 28, 2010 4:39 PM in reply to Cal Gal
He still has a vote.
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Cal Gal
January 28, 2010 7:28 PM in reply to jeffgee
Yeah, but without Scalia, Alito or Roberts there, Thomas won't know HOW to vote.
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kenga
February 6, 2010 11:10 AM in reply to Cal Gal
Well, maybe. Naptime will still be naptime, regardless.
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hologram5
January 28, 2010 5:48 PM in reply to CVille Dem
The CIA has had their hand in MANY overthrows, elections as well as assassinations of elected leaders in foreign nations.
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henk
January 25, 2010 6:45 PM in reply to Sailormarlowe
I think it used to the known as THE COMPANY.
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FDRdog
January 25, 2010 7:02 PM in reply to Sailormarlowe
I imagine US companies have bribed their share of foreign leaders so I would say yes, they probably have influenced foreign elections and they have no doubt influenced policies of foreign countries, too. (I've always considered corporate donations to our own politicians as nothing if not bribes.)
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farnsworth
January 25, 2010 9:14 PM in reply to Sailormarlowe
That certainly makes it OK for them to influence our elections.
We have also assassinated foreign leaders. By your logic, that makes it OK for them to assassinate our president.
Nice job sailorboy!
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davcbr
January 26, 2010 8:18 AM in reply to Sailormarlowe
Actually, it seems to me that we used to practice dictatorship by proxy. So essentially, your question, as most of your questions, is meaningless. More likely, you might ask, did corporations influence "banana republics" controlled by dictators and thus easlily bought & paid for. The Shah. Pinochet. A lot of really nice guys usually. You'd probably like them too.
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ohyeathatsright
January 25, 2010 2:47 PM
I'm so relieved that finally our corporations will be treated with the same respect as our individual citizens in terms of their rights to impact elections. I was getting really concerned that their opinions on policy issues were being squelched by our average low to middle income voters.
It's a good thing that Joe Multinational is now in direct competition with Joe Sixpack. Obviously it's what the founders intended.
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expat46
January 25, 2010 3:06 PM in reply to ohyeathatsright
Well said.
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CVille Dem
January 25, 2010 6:24 PM in reply to ohyeathatsright
I agree completely. The Middle Class is so -- 20th Century!
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ohyeathatsright
January 25, 2010 6:52 PM in reply to CVille Dem
Democrats should introduce a bill for socialized lobbyists for low and middle income Americans. I should get my own lobbyist in Washington to compete with theirs if they can compete with my personal dollar investment.
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CVille Dem
January 25, 2010 11:43 PM in reply to ohyeathatsright
Try competing with an oil company; how deep are your pockets?
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ohyeathatsright
January 26, 2010 1:38 AM in reply to CVille Dem
That's why my lobbyists should be subsidized!
Or perhaps lobbyist insurance. We could create and deregulate an entire new taxation industry!
Amerkins love to be taxed by corporations for shit they shouldn't need! As long as it's not organized by the guvmint!
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Cal Gal
January 25, 2010 9:31 PM in reply to ohyeathatsright
I wonder where Joe the Plumber is on this question. Has HE "incorporated" HIS business? If not, dimwit.
"Incorporation" gives you limited liability.
Let's ALL incorporate and get RID of liability in our time! No "tort reform" necessary!
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ohyeathatsright
January 26, 2010 12:01 AM in reply to Cal Gal
It's already been suggested on this board that a whole new economy of influence peddlers will be capitalizing on this ruling and setting up shell companies to proxy foreign money. I knew an attorney who always had 5-7 shell companies set up and legal at any given time for whatever entrepreneurial whim he decided to embark on that month. This would suit him perfectly.
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georgecs
January 25, 2010 2:47 PM
Murdoch seems to have been doing a terrific job of that on behalf of the Chinese for more than a decade now.
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AlphaLiberal
January 25, 2010 3:26 PM in reply to georgecs
And the Saudis. After Murdochs, Saudi royal family is Number Two stockholder in News Corp.
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Moose49
January 25, 2010 3:30 PM in reply to georgecs
No to mention Walmart.
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matyra
January 25, 2010 7:06 PM in reply to Moose49
funny how Walmart is seen as an American company.
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BLM
January 25, 2010 3:01 PM
Funny enough,as a Canadian, I am selfishly glad for this. I have often wanted to contribute to U.S. campaigns, and now I can. After all, what happens in the U.S. affects Canada, so it is not like the money is going to waste.
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Sailormarlowe
January 25, 2010 3:19 PM in reply to BLM
Please donate to SarahPac. Good cause.
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farnsworth
January 25, 2010 9:16 PM in reply to Sailormarlowe
Just because he is Canadian doesn't mean he is stupid.
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Marinus van der Lubbe
January 28, 2010 7:45 PM in reply to Sailormarlowe
Cellulite SarahPac? Money spent at the Prickly Heat Telethon in Deluth is money better spent. This grifter with a Leno class chin has her mitts in enough cookie jars. But dont swoon or get your panties in a twist in your crack SailorBoyLove...she'll work any room or pole to savagely grab any bills or loose change. Or you can keep sending her whatever is left over after Mom brings home BK Chickie tenders for you. Good toys this month.
Good cause? She's cancer of the rectum on the hoof...
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de TOQUEville
January 25, 2010 3:40 PM in reply to BLM
Woo hoo!
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WNCBlue
January 25, 2010 4:53 PM in reply to BLM
Nope. As an individual foreign national, you cannot contribute to any individual candidate's campaign, or to a party committee, or to a PAC that contributes money to either of those two. Nor can you, as a foreign citizen, make an independent expenditure in a campaign.
But if you're a foreign corporation, apparently there's no problem with you spending money on independent expenditures (though you're still out of luck donating to candidates and committees). Nor would there be a problem with you as an individual investing money with a U.S. company specifically in order to subsidize their independent expenditures.
Honestly, I'm thinking of forming a corporation that would do just that - allow foreign investors to finance independent expenditures in the U.S.
I would take about 10% off the top for my services. What do you think of my business model?
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CVille Dem
January 25, 2010 6:28 PM in reply to WNCBlue
I think it was made in heaven ...er, no...it was made in the Supreme Court.
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hoppycalif2
January 25, 2010 6:33 PM in reply to WNCBlue
Do you need a CEO? I'm available, and my bonus demands are small compared to Goldman Sachs.
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mcrose68
January 25, 2010 7:04 PM in reply to WNCBlue
I think you are an genius.
Presumably, some foreigners (O bin Laden e.g.) wouldn't want their name on their contributions. So all they need to do is incorporate in Deleware, and begin exercising their speach.
Set up a corporation who's business is "media relations", keep your client list private and then it's off to the races - you simply begin producing media which "reflects the interest of your corporation".
Honestly, as much as this ruling stinks - the majority does at least have a point. The loop-hole has always been there so long as the the corporation has a media arm.
Fox News has been distributing political advocacy since it went on the air. Advertisements coming from Exxon and Nike would at least not mascarade as news.
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mcrose68
January 25, 2010 7:05 PM in reply to mcrose68
speech. doh!
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Cal Gal
January 28, 2010 4:23 PM in reply to mcrose68
"Set up a corporation who's business is "media relations"
Hey, if Bristol Palin can do it, anyone can!
I think the annual fee for a California LLC is about $80 per year.
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FDRdog
January 25, 2010 7:05 PM in reply to BLM
Simply form a limited liability corporation and your money will be welcome.
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AlphaLiberal
January 25, 2010 3:25 PM
The irony! The Republican Supreme Court opens the door to a One World Government, except that government would only rule one nation - the USA. Way to go!
Suggest some "poster children" for this: Citgo, Saudi companies, etc, etc.
Really, this decision is no less than a key stroke for a corporate coup. They're taking over.
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slb
January 26, 2010 1:20 PM in reply to AlphaLiberal
I want to laugh, but this is not something to be laughed at...
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dgolson45
January 25, 2010 3:40 PM
The Supreme Court decision is dangerous and insidious. It is a destructive blow to democracy as we know it. It is clear that the conservative, right-wing members of the Court are bought and sold by corporate America.
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hologram5
January 25, 2010 5:34 PM in reply to dgolson45
It really doesn't matter at this point now, both parties are shredding the constitution as if it were nothing more than a doormat. I'm still surprised there are people that support either side. While we sit and argue amongst ourselves, both parties laugh like hell knowing that there mission to divide and conquer has went off perfectly. We are stuck in a loop of infighting while they give our rights, their votes and our tax dollars to whomever pulls their strings at any given moment. As long as we can't get along, we'll lose. We are almost to the point where all is lost. We can't even agree to disagree.
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ohyeathatsright
January 25, 2010 7:26 PM in reply to hologram5
I agree! Wait...I mean I disagree. Ummm...screw it, I'm going to go watch TV.
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Ben Judea
January 25, 2010 4:01 PM
Petition to Impeach.
"Due to blatant Judicial Activism and uncaring display of political partisanship in the performance of their assigned constitutional duties.
Justice, John G Roberts.
Justice, Antonin Scalia.
Justice Clarence Thomas.
Justice Anthony Kennedy.
Justice Samuel Alito
We, the undersigned demand the impeachment of the above named judges.
Print name of voter Signature Telephone number.
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Ben Judea
January 25, 2010 4:13 PM in reply to Ben Judea
The previous blatant disregard and judicial partizan activisism against the constitution are, (A)Declaring that property can be taken and given to corporations to use as they will.
(B)Granting abstract pieces of paper the power of political rights.
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mans_best_friend
January 25, 2010 6:12 PM in reply to Ben Judea
Damn activist judges, inventing rights where they never existed before.
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kenga
January 25, 2010 8:39 PM in reply to mans_best_friend
Well now, to be fair - most of that crowd has taken away more individual rights than they've granted rights, period.
But, yeah.
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hbobrien
January 26, 2010 3:32 AM in reply to mans_best_friend
I know... It's almost as if there's an Amendment to the Constitution that reads in its entirety, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
To put it in more modern language, "Dear Literalists -- Just because we haven't explicitly written a right into the Constitution doesn't mean it doesn't exist. Drop dead. Love, The Founders." A number of states wouldn't ratify the Bill of Rights until the Ninth Amendment was written precisely because they were worried about the literalist position.
This is why -- despite the high level of competition -- Mr. Scalia is the least intellectually honest person in DC. His problem can be put thus: What if the Original Intent of The Founders was that the Constitution shouldn't be read in light of Original Intent? And Exhibit A for that question is, you guessed it, the Ninth Amendment.
No one is more "activist," or believes more strongly in "a living constitution," than someone who believes the enumerated rights currently in the Constitution are the only ones that exist. The document itself says so.
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Ben Judea
January 25, 2010 4:07 PM
I tell you The courts have decreed that noncitizens can be declared enemy combatants with not rights at all, even access to courts. Non citizens don't have the right to vote. There fore they have no say in our internal politics. And so corporations as non citizens. Have the same rights as non citizens. Period.
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MyMy
January 25, 2010 4:38 PM
The Saudis already apparently own the major force in American politics today: Fox News.
Isn't it strange that, exactly along the lines of the Saudis, Americans are now being rushed into religious fundamentalism, scaled back education, extremist and radical politics (American Wahabi?) and growing anti Semitism? I saw this one coming long ago. They have the money, they call the shots. And they can jerk us around with terror threats... E-Z politics.
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dgolson45
January 25, 2010 6:20 PM in reply to MyMy
You have hit the nail on the head. It's a sad, sad time in this country just now. The situation is very volatile to say the least.
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hologram5
January 25, 2010 5:38 PM
And so I ask, and this is to all here, where is the anger? We have been sold out at the highest level. They have betrayed us to the fullest extent. Where is the anger?
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gotalife
January 25, 2010 5:50 PM
Uncharted territory:
http://getalife-gotalife.blogspot.com/
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Powkat
January 25, 2010 6:05 PM
What do you suggest? How do you get a mass movement when the corporations control the media outlets and have the masses convinced that the problem is big government 'socialism'?
How many times have you read something here or elsewhere on a progressive site exposing misbehavior and it never, ever breaks thru to the mass media?
How many times have you written, called, emailed your congress critter or the local paper? How many times have you had anything other than a canned response? How often did you get published? How many elections have you called, canvased, licked envelopes? How many candidates or issues won?
Short of torches and pitchforks, what would you have us do?
Face it, dude - democracy is dead.
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hoppycalif2
January 25, 2010 6:39 PM in reply to Powkat
I'm glad you asked that question, because the answer is always on the tip of my tongue. General Strikes. That is our remaining power. A real general strike that shuts down the economy as can be done in France, for example, would quickly gain concessions. No one with the bank accounts those folks have would ever tolerate something that might reduce their profits a small amount. Just look at the extreme reaction a simple, one company labor strke causes here. Imagine the reaction if the major freeways and rail stations through which employees get to work, were all shut down. And imagine if no one spent a dime in any business for a few days.
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Tanjaoui
January 25, 2010 7:04 PM in reply to hoppycalif2
Absolutely right. This is how the French protect themselves from corporate tyranny. And French public support of strikes is very broad, despite the headaches it causes people. It's nonviolent, it's populist...and it gets results by getting them where it hurts the most: their wallets. It's too bad we don't use this power of withholding here...
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tpmgary
January 25, 2010 7:55 PM in reply to Powkat
pick one corporation, say bank of America, and boycott it completely. Don't withdraw money from all big banks, just organize a movement to withdraw all money from one. And do it fast.
Or do it with some other major corporation.
Just to demonstrate the power of consumers.
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Aunt Sam
January 25, 2010 8:57 PM in reply to tpmgary
YES! I like it and endorse this!
Thanks
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Tom
January 25, 2010 6:26 PM
This is another issue where, if played well, the center and the left have common cause with the tea baggers.
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musgrove
January 25, 2010 6:37 PM in reply to Tom
The tea baggers might agree with us but they are controlled by the corporations so its hard for them to understand whats going on.
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allincompassing
January 25, 2010 6:31 PM
Has anyone actually seen an official site for Impeachment? If so, pass it on. This is by far the worst Judicial Ruling in my lifetime.
The sad facts are that it is just one of several that Citizens United is now slowly winding up the court system.
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hoppycalif2
January 25, 2010 6:41 PM
Impeaching Supreme Court judges requires that the Senate vote in favor of conviction with 67 votes. What are the odds that there are 67 senators who are not in the pockets of corporations?
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henk
January 25, 2010 6:47 PM in reply to hoppycalif2
The odds would be 50/50 if we had 97 Democrats.
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henk
January 25, 2010 6:48 PM
This is something that a populist party could really make something out of. Too bad we don't have one.
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JEP07
January 26, 2010 12:20 AM in reply to henk
No, we now have two.
One started on the left back in 2004,with the Deaniacs taking over the DNC, the other started recently with the Teabaggers trying to take over the Republican party.
While it would probably be very fruitful, it may be safe to say "never the twain shall meet."
But the idea of selective boycotts might just catch on, if everyone could just pick one worthy corp to dump on, and do it together. Especially if BOTH sides of that populist revolt agreed.
We could even have a big blog-vote on who our designated boycotee would be, that alone would scare every company on our final list, even if they didn't "win."
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AnswerFrog
January 25, 2010 6:49 PM
Bring it on.
Could be a good thing, actually.
I would hope Europe in particular could take over the US as a receivership, clean up the books, and sell off the bad assets.
Since the US is basically morally, fiscally, and politically bankrupt, we might as well get a fresh start out of this.
Who knows? Maybe those foreigners who all enjoy things like paid maternity leave and national health care could buy some of ouir elections out of a sense of charity.
First order of business for our parent organization: Removing evil SCOTUS overlords.
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AnswerFrog
January 25, 2010 6:58 PM in reply to AnswerFrog
I also note in passing that even ostensibly "American" public corporations are owned by shareholders from around the world.
In some cases, possibly by those sovereign funds of foreign governments.
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Ironcomments
January 25, 2010 7:00 PM
The Bush administration: the gift that keeps on giving.
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Calouste
January 25, 2010 7:04 PM
Legislating this is going to be complicated and full of loopholes.
First, it's not that complicated to set up a string of companies that all own parts of each other so that it is difficult to work out exactly where the ownership and control lies, or at least difficult enough so that it can't be worked out in 3-6 weeks between the running of the attack ads and the election.
Second, how would you regulate against a 100% American owned company that sells products with 1000% profit margins whose customers just so happen to be only foreign companies and which 100% American owned company also just happens to run political ads that perfectly allign with the interests of its foreign customers?
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ROGNM
January 25, 2010 7:09 PM
SCOTUS secret plan to get our money back from the Chinese?
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ohyeathatsright
January 25, 2010 7:22 PM in reply to ROGNM
And directly into the coffers of the people that allowed it to happen in the first place. "Back" is a relative term.
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Memekiller
January 25, 2010 7:37 PM
I don't know. Wouldn't we have made better decisions the past eight years if foriegners could funnel money into the country?
That's one way to create the One World Government the right fears, so.
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tytester
January 25, 2010 7:51 PM
This SCOTUS decision is not as big of a deal as it first seems. I mean, think about it - if you see an ad "Elect Congress-critter X, paid for by Corp. Y", are you really going to vote for critter X? Highly unlikely, since it would be clear to you that critter X will represent Corp. Y and not you. In other words, it is really, really bad optics for corporations to directly advocate for/against politicians. More likely, the corporations will continue their current practice of using lobbying arms (Chamber of Commerce) to their bidding...
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Calouste
January 25, 2010 8:01 PM in reply to tytester
Those ads are not going to say "paid for by Crop Y", they are going to say "paid for by Alabamans for Freedom, Inc." or Prosperity of Idaho Inc, where Alabamans for Freedom Inc is a wholly owned subsidiary, 6 levels deep, of Corp Y.
And in some cases, specially with large local employers, companies wouldn't actually mind having their name directly on ads saying that Congresscritter X brought Z amount in federal money to the district that created jobs at company Y.
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tytester
January 25, 2010 9:15 PM in reply to Calouste
"Those ads are not going to say "paid for by Crop Y", they are going to say "paid for by Alabamans for Freedom, Inc." or Prosperity of Idaho Inc, where Alabamans for Freedom Inc is a wholly owned subsidiary, 6 levels deep, of Corp Y."
And that is what corporations do now through PACs anyway, which is exactly my point.
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farnsworth
January 25, 2010 9:24 PM in reply to tytester
They are not going to say, "Elect candidate X." They are going to say, "Candidate Y wants your daughters to be sex slaves to Muslim Extremist Murderers." So, yes, they are going to work very well to get candidate X elected.
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Memekiller
January 25, 2010 7:53 PM
Would any foreigner besides Chilabi give money to the GOP?
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kJCUWzUl
January 25, 2010 8:11 PM
The Supreme Court had this case most of last year. Either Obama expected the court to decide a different way, in which case, he lacks an understanding of simple math. Or, it isn't such a big deal. Or, Obama did not know what The Supreme Court was working on.
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Cal Gal
January 28, 2010 4:38 PM in reply to kJCUWzUl
If you look at this history of this case, this was not even an issue raised at lower courts. The Supreme Court brought this issue up ITSELF.
Talk about activist. Historically, the decide the issues raised by the parties. This kind of action is EXTREMELY rare.
And apparently VERY un-thought-out on the part of the majority.
To say "foreign actors" are not being considered? What are they, stupid? Why do they pretend that in striking down the law IN TOTO they are giving publicly-traded multinational entities rights formerly held only by individuals?
If they didn't want foreign actors to be able to spend money on American elections, they should have limited their ruling to the case before them and explicitly SAID that it only applies to corporations owned 100% by American citizens.
I always knew they were evil. I didn't realize before how stupid they are, too.
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consumetheconsumer
January 25, 2010 8:14 PM
It's not just legit foreign companies that are a concern. Front companies like Middle East Terrorist, Inc., a Md corp, or Mob Rule, LLC, a NJ LLC, all appear now to have legitimate free speech rights.
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EastWest
January 25, 2010 8:31 PM
In his Editor's Blog, Josh said, "If the Democrats are smart they'll see that smart policy and smart politics come together in this case," resulting in legislation blocking a foreign money infusion into our elections.
There's a major flaw in that reasoning. Hint: It begins with, "If the Democrats are smart...."
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kenga
January 25, 2010 8:50 PM in reply to EastWest
Noooooooo ... I don't think so.
Disagree strongly is probably a better description.
That's the wrong tack altogether for a couple reasons.
1 - the Supreme Court has just neutered a law passed by Congress - the McCain-Feingold Campaign Reform Act.
2 - Scalia isn't going anywhere anytime soon, nor is Thomas, and Roberts and Alito are, not to put too fine a point on it, youngsters, comparatively.
Destined to fail, is how I would describe any such legislation.
No, this demands that a really futile and stupid gesture be done on somebody's parrt.
This is really an opportunity for newly elected Massachusetts Senator Scott Brown to propose and advocate a Constitutional Amendment to codify the will of the people, who are tired of business as usual.
It needs to be short, and decisive - not bulging with legalese and corporate speak.
I've already got some pretty good language - direct and to the point, empowering for individuals.
"Corporations are not persons."
Like it?
I call it the FYTS Amendment.
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hoppycalif2
January 25, 2010 8:58 PM
Two problems that will defeat any Constitutional amendment. First, the Repubs will not support anything that might reflect well on either Obama or Democrats in general. Second, most Repub congressional representatives, and Senators would oppose any restriction of their owner's "rights". And, a third, unfortunately, many if not most Democratic reps would also oppose any restriction of their owner's "rights". As I recall it takes a 2/3 vote in Congress to send an amendment to the states.
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Cal Gal
January 25, 2010 9:08 PM
I've heard, though not read, that Thomas Jefferson and others of the founding "fathers" had warned against corporations, and that therefore in those days, corporations were limited to operations in one state only.
(This might actually have been from a Bircher. Not exactly who you think they were. Equated corporations with communists. I'm about there, too.)
Anyhow, here's where the rubber hits the road. "Corporations" have free speech, but distinguishing between foreign and domestic "corporations" could be the key. As friggin' BOUGHT as they are by money, I still don't think you could get 5 of the SCOTUS to say "foreign" corporations should be able to influence American elections.
Here is the wiggle room Congress can drive the wedge through. Just HOW "American" does a "corporation" have to be to get "free speech" abilities to affect our elections?
We'll see. But THIS is the wedge Congress can use. And under the rule of unintended consequences, it COULD cause corporations to move BACK here from, say, Turks and Caicos. Or Dubai (I'm talkin' to YOU Halliburton, or KBR, or whoever you are.)
Number ONE bill? No campaign spending by "foreign" corporations.
Let's see Scalia and his clone Thomas vote that a corporation "incorporated" in Dubai can spend unlimited money to advertise against an American.
Or better yet, a corporation incorporated in Venezuela. How about Hugo Chavez having unlimited ability to advertize against a Congressional candidate. How does THAT sound to you, Tony?
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EastWest
January 25, 2010 9:38 PM in reply to Cal Gal
You know, that's a really brilliant idea. Seriously.
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slb
January 26, 2010 2:02 PM in reply to Cal Gal
Oh, I think it is safe to say that Jefferson had no love for the concept of corporations, especially banking corporations:
"I hope we shall crush in its birth the aristocracy of our moneyed corporations, which dare already to challenge our government to a trial of strength and bid defiance to the laws of our country." (1812)
Michael P. Byron, in Infinity's Rainbow: The Politics of Energy, Climate, and Globalization, says that Jefferson and Madison had proposed and lobbied hard for an 11th Amendment to limit the powers of corporations, one which would, among other things, have prohibited corporations from giving money to politicians or otherwise influencing elections.
Their views on corporations were driven by the huge influence that the British East India Company had on the British government at the time of the Revolution.
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AnswerFrog
January 25, 2010 9:50 PM
SCOTUS might have overplayed their hand. This could become a REAL big mess.
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runfastandwin
January 26, 2010 2:57 AM in reply to AnswerFrog
I think you mean SCROTUM.
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Cal Gal
January 25, 2010 10:36 PM
I've heard, though not read, that Thomas Jefferson and others of the founding "fathers" had warned against corporations, and that therefore in those days, corporations were limited to operations in one state only.
(This might actually have been from a Bircher. Not exactly who you think they were. Equated corporations with communists. I'm about there, too.)
Anyhow, here's where the rubber hits the road. "Corporations" have free speech, but distinguishing between foreign and domestic "corporations" could be the key. As friggin' BOUGHT as they are by money, I still don't think you could get 5 of the SCOTUS to say "foreign" corporations should be able to influence American elections.
Here is the wiggle room Congress can drive the wedge through. Just HOW "American" does a "corporation" have to be to get "free speech" abilities to affect our elections?
We'll see. But THIS is the wedge Congress can use. And under the rule of unintended consequences, it COULD cause corporations to move BACK here from, say, Turks and Caicos. Or Dubai (I'm talkin' to YOU Halliburton, or KBR, or whoever you are.)
Number ONE bill? No campaign spending by "foreign" corporations.
Let's see Scalia and his clone Thomas vote that a corporation "incorporated" in Dubai can spend unlimited money to advertise against an American.
Or better yet, a corporation incorporated in Venezuela. How about Hugo Chavez having unlimited ability to advertize against a Congressional candidate. How does THAT sound to you, Tony?
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Cal Gal
January 25, 2010 10:39 PM
Makes me think of a line Katherine Hepburn voiced in the Philadelphia Story. When James Stewart says "You're a goddess," she says, "No. I'm a human. A human being."
Time to get back to that.
The HUMAN Revolution. I'm on the bulwarks.
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CVille Dem
January 25, 2010 10:42 PM
I've said it before, and I'll say it again: The liberal elderly judges need to retire so that they don't get replaced by the next Alito, Scalia, Roberts, or Thomas. It is the right thing for them to do. With a little luck, some of the "nasty five" will want to "spend more time with their families," although I can't imagine any job that allows MORE free time than theirs does! On the other hand, I can see why they would want to hold on to their sinecure; unless they might actually want to DO THE RIGHT THING for the country!
These life-terms are ridiculous anyway. 20 years is long enough for any of them.
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EastWest
January 25, 2010 10:48 PM in reply to CVille Dem
You're assuming the 41-seat Republican majority will allow Obama to nominate someone to the left of Roberts and his butt-buddies.
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CVille Dem
January 25, 2010 10:52 PM in reply to EastWest
You're right. I forgot that we are only 59 to their overwhelming majority of 41! Point taken!
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mm232
January 25, 2010 10:46 PM
Others are already taking that issue on. But I do look forward to dems in congress bringing it up, especially given Hillary Clinton, B-HO, John Kerry, and so many others illegally taking foreign money during the past few election cycles.. and you know how B-HO hates having to make full financial disclosure.
Cal Gal, Chavez has already been funneling money to dems in congress, including through their relatives, after all he does control the Hess Oil and Gas company. What's the matter, were you not paying attention when it was exposed in the last election how B-HO had received Chavez money, and then he had to give it back? Of course, there's lots of illegal foreign money he took, especially from his friends from India. He's still refused to talk about that, but we can always demand an independent investigation into "dear leader's" indiscretions. :) I'd love that.
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EastWest
January 25, 2010 10:54 PM in reply to mm232
Dude, even I've quit calling Obama the "dear leader". Give it a rest.
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CVille Dem
January 25, 2010 11:47 PM in reply to mm232
Could you be troubled to provide a citation or two to prove EACH of your inflammatory and dishonest statements?
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AlphaLiberal
January 26, 2010 1:04 AM
AlphaLiberal was talking about this last week.
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Douglashh
January 26, 2010 1:05 AM
In an interview with Terry Moran on This Week, George Will stated the following: Vindication, because the court recognized the obvious, which is that you cannot disseminate political speech without money. And, therefore, to restrict money is to restrict the dissemination of speech.
I believe Will's interpretation of the Supreme Count decision is correct. However, the First Amendment to the Constitution bars infringing on the freedom of speech. By equating money as speech the Supreme Court has infringed on the freedom of speech of a substantial percentage of american citizens that have no money.
It seems to me that if you break the link between money and speech we are back to what the founding fathers intended and everyone is on an equal footing because we can then regulate the spending of money in conjunction with speech.
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smokey888x2
January 26, 2010 2:00 AM
Proposal:
What do you think of having a TAX, that I would gladly pay in which canidates could only use - no outside donations. After-all, it would be our money. Require a written contract of what the canidate would do .... goals, programs etc. and post to the internet. Require 5 debates where each ask the other questions, require x number of free hours on television for each canidate to explain their written contract. Have 2 television showings where reporters would ask the questions.
Possibly, for each contract item not sought or exchanged for another, their party pay a 10,000,000 fine to the other party and reduce their term 3 months.
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smokey888x2
January 26, 2010 2:12 AM
I've heard it reported that Corp. are pretty evenly split on donations between Republicans and Democrats but the Unions it's a land-sunami slide, 98% to democrats and 2% to republicans.
Some union folks have been able to sue to get their money back from Union donations. Couldn't that happen w/ corporations?
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runfastandwin
January 26, 2010 2:56 AM
Right now, Scaife and the Hunts and David Koch and Pat Robertson et al are forming corporations whose only purpose is to get republicans elected. Sadly I bet no one on the other side will ever do so. America, RIP. If this stands it is truly the end of representative democracy. This SCROTUM I mean SCOTUS will live in infamy, and it all basically started with Bush v. Gore.
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runfastandwin
January 26, 2010 3:04 AM in reply to runfastandwin
I mean there is nothing in this law that requires corporations to sell or make or do anything other than try and get a candidate elected. Political speech can be their sole purpose.
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rbe1
January 26, 2010 5:11 AM
For me, this latest decision only reinforces a long held view of these people as a bunch out completely out of touch, fucking assholes.
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rbe1
January 26, 2010 5:13 AM
correction: as a bunch OF completely ...
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buck
January 26, 2010 6:27 AM
Foreign-owned and foreign corporations are already spending millions of dollars through some first-amendment loopholes. Ever heard of Fox News?
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Cal Gal
January 28, 2010 4:45 PM in reply to buck
Murdoch became an American citizen.
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stevelaudig
January 26, 2010 6:49 AM
The Supreme Court has made the First Amendment a suicide note for representative democracy.
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masanf
January 28, 2010 4:21 PM in reply to stevelaudig
I would love to see one individual on the left explain to me the reasoning behind their ridiculous and obviously hysterical denunciations of the ruling. Christ, the law was being used to censor political documentaries critical of candidates. Those defending the campaign-finance law admitted before the Supreme Court it could justifiably be used to ban books for fuck sake. Those who castigate that ruling are defending those laws that acted to censor political speech. And such individuals have the nerve to claim others are damaging democracy? Talk about a fucking beam in your eye.
The over-the-top and laughably pathetic responses to this ruling are a spectacle to behold and once again prove that when it comes to the Democrats and the left dissent is the highest form of patriotism, unless it can damage their electoral chances. Broadening the First Amendment a "suicide note" for democracy? What asinine bullshit. And by specifically mentioning the First Amendment, you are strongly implying that restrictions on the First Amendment protection of speech are desirable in the political arena.
The notion that allowing corporations to speak more freely on campaign issues is going to bring down our democracy is so fucking stupid, the only comment it deserves is one laced with contempt.
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Common Sense
January 28, 2010 3:25 PM
The Federal Election Campaign Act (FECA) prohibits any foreign national from contributing, donating or spending funds in connection with any federal, state, or local election in the United States, either directly or indirectly. It is also unlawful to help foreign nationals violate that ban or to solicit, receive or accept contributions or donations from them. Persons who knowingly and willfully engage in these activities may be subject to fines and/or imprisonment.
http://www.fec.gov/pages/brochures/foreign.shtml
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masanf
January 28, 2010 4:07 PM
Yeah the Supreme Court was testy because they were wrong on the ruling. Give me a fucking break. They were testy because Obama acted like a petulant dick and insulted them on national TV in front of millions, while all they could do is sit there.
As for the law on the issue, you are clearly wrong, not Sekulow. The law states:
" foreign national shall not direct, dictate, control, or directly or INDIRECTLY participate in the decision making process of any person, such as a corporation, labor organization, political committee, or political organization with regard to such person's Federal or non-Federal election-related activities, such as decisions concerning the making of contributions, donations, expenditures, or disbursements in connection with elections for any Federal, State, or local office or decisions concerning the administration of a political committee." (emphasis mine)
So please, spare us the spectacle of claiming you are more knowledgable than Antonin Scalia and the others, because the nuts in his shit know more about Constitutional law than those running this site.
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masanf
January 28, 2010 4:25 PM
" But as Justice Stevens pointed out in his dissent, the vision of free speech that the court has embraced -- and the notion that corporations should be treated as individuals -- could make it very difficult to support singling out foreign corporations for special restrictions."
Since when have protections in the US Constitution been extended to those with no presence on American soil? Of course, foreign individuals on foreign soil could designate themselves terrorists and then the left would fall all over themselves to see to that they are protected by this ruling, even if they have never set foot in the US.
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masanf
January 28, 2010 4:27 PM in reply to masanf
And when I say those with no presence on American soil, I do not mean American ciitzens or residents who happen to be in another country.
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farnsworth
January 28, 2010 4:42 PM in reply to masanf
Were you talking? Sorry, I thought someone had farted.
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Derek Stodghill
January 28, 2010 4:26 PM
The conservative meme about campaign finance reform is already being spread in the MSM. I would also like to point out that Obama is a Constitutional lawyer. He knows a thing or two about Constitutional law.
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jeffgee
January 28, 2010 4:41 PM
Newt Gingrich was on NPR after the decision saying it was a "great victory for the middle class."
And nobody challenged that assertion.
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billpaustin
January 28, 2010 4:56 PM
So let's see, Halliburton, based in Dubai, will now be able to directly pour money into elections. It won't be possible for us to boycott companies who donate to candidates we disagree with; Halliburton is paid directly by the government, and will now be able to turn around and buy that government back.
Nice.
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AirBoss
January 28, 2010 5:24 PM
Intended, or unintended consequence? That is the question.
From the back-pedaling going on from Alito on down, seems the right doesn't even know how to interpret the consequences, let alone settled law.
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out of the loop
January 28, 2010 5:27 PM
Imagine a company registered in Delaware, with a CEO from Australia, a CFO and COO from England, members of the Board of Directors from six different countries, with a corporate headquarters in the Cayman Islands, factories in China, investors from 78 countries, workers in 16 countries, retail outlets from 95 countries, and clients including the FBI, CIA, and military and intelligence agencies in 20 countries. Would or would not this legal entity be able to spend money on U.S. elections? Alito would say this is an American company because... ?
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drhgl19
January 28, 2010 5:56 PM in reply to out of the loop
It goes in other ways too: What about companies incorporated other places (like the Caribbean) with operations in the US and a majority of employees are Americans? (I'm thinking of cruise ship companies, for one)
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out of the loop
January 28, 2010 5:28 PM
By the way, at what trimester does a corporation as person become biologically viable?
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Cal Damage
January 28, 2010 6:05 PM in reply to out of the loop
And who checks that it cannot donate until it's 18 years old?
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njr
January 28, 2010 6:13 PM
foreign corporations can now influence our elections??? hmmm, do I misremember, or did Osama bin Laden once run a foreign corporation?
do we not ban some foreign corporations from securing contracts at our ports and airports?... are they now in a position to re negotiate some of those contracts, or the laws that prevent such contracts?
has the Supreme Court damaged our security?
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mydoghatescats
January 28, 2010 8:46 PM
The ownership of public corporations in this country is open to both citizens and aliens. So, it doesn't matter if the corporation is as American as apple pie. Foreign individuals and corporations and sovereign trusts own TONS of American shares. And you don't have to be even a majority stockholder to wield immense influence in corporate decisions. Many owners win seats on the Board of Directors with far far less than majority ownership. And this foreign ownership will only increase. Truly frightening. This issue of corporate personhood is at the core of what is wrong with our political system.
For the life of me I don't understand how this can be.
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Victor3
February 20, 2010 10:31 PM
Why am I totally not surprised that the only people who think the citizens united decision was A-OK was the Replutocrat Fascist Party. This below is the major reason I hate those 5 activist scumbags.
"Our fellow citizens in the armed services voluntarily put their lives on the line and often make the ultimate sacrifice to defend our freedom. They deserve to come home to a country that is truly free, where their vote and every vote counts, not to a plutocracy run behind closed doors by corporate and other special interests that view us all as serfs. Having them come home to anything less than a government of the people, by the people, and for the people is a blatant and unforgivable insult to their commitment and sacrifices. Allowing a plutocracy to thrive as it does today in America is the moral equivalent of spitting on their graves while drinking the blood of their children."
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