Federal Election Commission and Citizens United

 Federal Election Commission and Citizens United

                                               Robert A. Levine  June 11, 2024

The Federal Election Commission has generally been a do-nothing agency composed of three Republicans and three Democrats. Whenever an issue that could reform the election process comes before the Commission, it is inevitably turned down, with the three Republicans and three Democrats voting in opposite ways. Republicans on the Commission and Republican politicians want freedom to spend unlimited sums on elections without any significant restrictions. They are backed by many billionaires and wealthy Americans who are willing to fund them. However, there are restrictions as to how much individuals can donate directly to politicians running for office. Thus, to give large sums of money to support candidates, they have to donate to superPACs and other organizations that supposedly cannot coordinate their efforts with the candidates. However, it has been obvious to all observers that this is being done surreptitiously.

Since the Citizens United vs FEC decision by the Supreme Court in 2010, limits on campaign spending have essentially been blocked. The floodgates have been opened to billions of dollars, providing wealthy Americans with undue influence over the political system.  In addition, foreign and domestic corporations, unions, and foreign governments have found ways to channel money into the system in order to try and sway the outcomes of political campaigns. The Supreme Court equated money with free speech and viewed corporations as persons, indicating that they had First Amendment rights. Citizens United also allowed anonymous contributions of dark money to be given to SuperPacs, so that other citizens do not know who is providing support to candidates. Surveys of American citizens have shown that an overwhelming majority is against unlimited anonymous funding of political campaigns, but has not moved the courts or the politicians.

The Federal Election Commission has been dysfunctional for more than a decade, given the equal number of Democrats and Republicans. However, this has recently changed with one Democrat, Dara Lindenbaum, voting with the three Republicans on the Commission. With this group voting together, the minor restrictions on how politicians, political parties, and SuperPacs raise and spend money have been overturned. Reformers who have wanted funding of political campaigns to be further restricted are dismayed, with conservatives elated. As if Citizens United were not enough, this new ruling allows SuperPacs and candidates campaigns to work together and coordinate their efforts in advertising and door to door canvassing.

The only way that a reasonable system of campaign financing can be passed is through a Constitutional Amendment overturning Citizens United. And the Federal Election Commission must have members who want fairness in the electoral process and not to have our government determined by which political party has the wealthiest donors and can raise the most money. Our system has turned into an oligarchy rather than a democracy.

www.robertlevinebooks.com

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