Supreme Court Ruling Empowers Corporations More Than Labor Unions

January 22, 2010 RSS Feed Print

By Laura Chapin, Thomas Jefferson Street blog

DENVER--Coloradoans were treated to a lovely headline in Friday's Denver Post: "GOP to Sue Over Limits." Inspired by this week's Supreme Court decision abolishing the ban on corporate political advertising, state Republicans are now taking aim at a similar state ban.

When Colorado voters defeated Amendment 48, which would have created a new definition of "personhood" in the Colorado Constitution (defining a fertilized human egg as a "person"), little did they know the Supreme Court would create a new definition of "personhood" in the United States Constitution. As Justice Stevens put it in his dissent:

"The conceit that corporations must be treated identically to natural persons in the political sphere is not only inaccurate but also inadequate to justify the Court's disposition of this case… In the context of election to public office, the distinction between corporate and human speakers is significant. Although they make enormous contributions to our society, corporations are not actually members of it. They cannot vote or run for office.

Because they may be managed and controlled by nonresidents, their interests may conflict in fundamental respects with the interests of eligible voters. The financial resources, legal structure, and instrumental orientation of corporations raise legitimate concerns about their role in the electoral process. Our lawmakers have a compelling constitutional basis, if not also a democratic duty, to take measures designed to guard against the potentially deleterious effects of corporate spending in local and national races."

And these new corporate "persons" are wasting little time trying to overturn voter-approved limits in Colorado on campaign spending. Right now, direct corporation or union spending is forbidden in state races, thanks to a ballot measure approved in 2002, the same year as the McCain-Feingold campaign finance reform law. The law also limits individual and PAC contributions to candidates to $400.

According to the Center for Responsive Politics, business and corporate interests accounted 70.8 percent of the total U.S. political contributions in 2007-2008, while only 2.7 percent came from labor. Political Action Committees (PACs) show a similar disparity: 69.5 percent from business, 15.7 percent from labor. The center does issue this caveat: "CRP uses employer/occupation information to categorize donors, and because just about everyone works for a business, contributions from members of labor unions and ideological groups are often classified under business."

Still, the gap is big enough that it's clear corporations have both the will and the ability to vastly outspend unions. And yes, this includes "527s"--tax-exempt organizations that engage in political activities. Republican-leaning 527s spent almost $13 million in 2008, Democratic ones about $8.3 million.

If the GOP and its corporate allies have their way, you can kiss the will of Colorado voters goodbye. And no, the fact that the Supreme Court ruling would potentially lift the limits on union contributions doesn't make things equal. The checkbook for corporations dwarfs that of labor. It's not a level playing field in any sense of the phrase--corporations versus unions is like the Texas Longhorns going up against an NCAA Division III team.

And at least that contest would involve real persons.

Tags:
John Paul Stevens,
Supreme Court

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Santa Clara County v. Railroad did not declare that Corporations are covered by the 14th Amendment and entitled to rights of citizens. It specifically held that it was not so holding. The headnote was not part of the decision and was contrary to the opinion. A headnote means nothing unless is is supported by the opinion. Santa Clara is not a precedent which supports corporate claims to such rights. The problem arose when other court opinions mistakenly assumed it was. It is on those erroneous opinions that corporations claim rights not given them by the Constitution. Read the case! Just type 'Santa Clara County v. Railroad' into your search engine. No U. S. Supreme Court opinion has ever held, in a contested case argued by both sides in which the question was actually involved, that corporations are entitled to any rights of citizenship.

Everette Carnes of NC 11:11AM May 15, 2010

Santa Clara County v. Railroad did not declare that Corporations are covered by the 14th Amendment and entitled to rights of citizens. It specifically held that it was not so holding. The headnote was not part of the decision and was contrary to the opinion. A headnote means nothing unless is is supported by the opinion. Santa Clara is not a precedent which supports corporate claims to such rights. The problem arose when other court opinions mistakenly assumed it was. It is on those erroneous opinions that corporations claim rights not given them by the Constitution. Read the case! Just type 'Santa Clara County v. Railroad' into your search engine. No U. S. Supreme Court opinion has ever held, in a contested case argued by both sides in which the question was actually involved, that corporations are entitled to any rights of citizenship.

Everette Carnes of NC 11:11AM May 15, 2010

“Corporate America” backed by their handmaidens, the “knuckle-dragger” four “Supremes” (plus one delusional Justice Kennedy) say as the Mafiosi before executing their enemies: “Nothing personal, this is just business!”

The extreme right wing-nuts of our country, along with the tens of thousands of Washington corporate lobbyists are popping the corks with the result of the latest Supreme Court decision on corporate fundraising contributions along with expectant political candidates that they can now with glee, purchase outright.

The four Neanderthals put on the Court based on their foam at the mouth “anti-political activism and issue relevant” decisions’ platforms gave a huge slap in the face to all Americans.

This latest decision trashes any semblance of “balance” between the repressive overwhelming financial power of corporate America, predatory capitalism and the common people.

Who in their right mind could imagine that along with mean-spirited politics of the last 30 years that now, whatever corporations wish they will get? And, make no mistake; it won’t be “in our interests.” To believe that you only have to have some knowledge of how (creeping, friendly) fascism works and believed that the German people along with democratic principles of pre-Nazi Germany would stem the flow of any injustices cast on them under Nazi fascism, after their “final settlement” with German corporations and their Supreme Court.

This country desperately needs electoral reform, but reform that includes barring corporations from acting as “individuals” which is farcical at best.

We are being brutally bound and gagged, cast into a corner, by Justices that advocate more anti-democratic corporate rule over our Constitution and Bill of Rights.

We are corporate political prisoners dumped into a Gulag.

No phrase in the Constitution says corporations are humans or individuals. Corporations are “created” by statute, not by natural birth. The interpretation came about through very perverse judicial neglect (Santa Clara County v. Southern Pacific Railroad). The perversion was instigated by a court reporter and never officially corrected.

Anyone who argues that corporations should be treated as persons and have the same rights would also have to accept that corporations should then be allowed to run for office, hold office, to vote in elections, and if proved to have acted unlawfully, be prosecuted under criminal law.

If accepted dogma that corporations are “individuals” with the same rights as humans, then why was this case brought before the Supreme Court? It would have been natural accepted fact that corporations did have the same rights.

James Madison, “The stock-jobbers will become the praetorian band of the Government, at once its tool and its tyrant; bribed by its largesses and overawing it by its clamours and combinations”

Justice Steven’s dissent, "At bottom, the Court's opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self government since the founding, and who have fought against the distinctive corrupting potential of corporate electioneering since the days of Theodore Roosevelt. It is a strange time to repudiate that common sense. While American democracy is imperfect, few outside the majority of this Court would have thought its flaws included a dearth of corporate money in politics."

Law should be a combination of precedent and common sense.

This was a decision by those who themselves virulently condemn “judicial activism.”

sierra7 of CA 1:54PM March 06, 2010

Laura Chapin

Laura Chapin

Laura K. Chapin is a Democratic communications strategist based in Denver, Colorado, advocating for progressive causes and candidates in the Rocky Mountain West. She has previously worked for Gov. Bill Ritter and before escaping to God's Country, she spent 15 years (and way too many late nights Watching the Floor) in Washington, DC.

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