The Four Courtsmen of the Apocalypse are poised to finally
bury American democracy in corporate money. The most powerful institution in
human history -- the global corporation -- may soon take definitive possession
of our electoral process.
It could happen very soon.
While America agonizes over health care, energy and war,
Justices John Roberts, Antonin Scalia, Sam Alito and Clarence Thomas could make
it all moot. They may now have the fifth Supreme Court vote they need to open
the final floodgates on corporate spending in political campaigns.
In short, the court may be poised to shred a century of
judicial and legislative attempts to preserve even a semblance of restraint on
how Big Money buys laws and legal decisions. The ensuing tsunami of corporate
cash could turn every election hence into a series of virtual slave auctions,
with victory guaranteed only to those candidates who most effectively grovel at
the feet of the best-heeled lobbyists.
Not that this is so different from what we have now. The
barriers against cash dominating our elections have already proven amazingly
ineffective.
But a century ago, corporations were barred from directly
contributing to political campaigns. The courts have upheld many of the key
requirements.
Meanwhile the barons of Big Money have metastasized into all-powerful
electoral juggernauts. The sum total of all these laws, right up to the
recently riddled McCain-Feingold mandates, has been to force the corporations
to hire a few extra lawyers, accountants and talk show bloviators to run
interference for them.
Even that may be too much for the court�s corporate core.
John Roberts�s Supremes may now be fast-tracking a decision on CITIZENS UNITED
v. FEDERAL ELECTION COMMISSION, centered on a corporate-financed campaign film
attacking Hillary Clinton. According to the Washington Post�s account of oral
arguments, �a majority of the court seemed impatient with an increasingly
complicated federal scheme intended to curb the role of corporations, unions
and special interest groups in elections.�
Former Solicitor General Theodore B. Olson, who in 2000 �persuaded�
the Court to stop a recount of votes in Florida and put George W. Bush in the
White House, said such laws �smothered� the First Amendment and �criminalized�
free speech.
The conservative Gang of Four has already been joined by
Anthony Kennedy, the court�s swing voter, in signaling the likely overturn of
two previous decisions upholding laws that ban direct corporate spending in
elections.
When he was confirmed as the court�s chief, Roberts promised
Congress he would be loathe to overturn major legal precedents. But the signals
of betrayal now seem so clear that Senators John McCain and Russell Feingold
have issued personal statements warning Roberts that a radical assault on
campaign finance laws would be considered a breach of faith with the Congress
that confirmed him.
Liberal Justice Ruth Bader Ginsburg did assert during oral
arguments that �a corporation, after all, is not endowed by its creator with
inalienable rights.�
But since the 1880s, the courts have generally granted
corporations human rights with no human responsibilities. Thom Hartmann
(UNEQUAL PROTECTION) and Ted Nace (GANGS OF AMERICA) have shown with
infuriating detail how corporate lawyers twisted the 14th Amendment, designed to
protect the rights of freed slaves, into a legal weapon used to bludgeon the
democratic process into submission.
Civil libertarians like Floyd Abrams and the American Civil
Liberties Union have somehow argued that depriving these mega-conglomerations
of cash and greed their �right� to buy elections might somehow impinge on the
First Amendment.
But the contradiction between human rights and corporate
power is at the core of the cancer now killing our democracy. As early as 1815,
Thomas Jefferson joined Tom Paine in warning against the power of �the moneyed
aristocracy.� In 1863, sometime railroad lawyer Abraham Lincoln compared the
evils of corporate power with those of slavery. By the late 1870s, Rutherford
B. Hayes, himself the beneficiary of a stolen election, mourned a government �of,
by and for the corporations.�
The original US corporations -- there were six at the time
of the Revolution -- were chartered by the states, and restricted as to what
kinds of business they might do and where. After the Civil War, those
restrictions were erased. As Richard Grossman and the Project on Corporate Law
& Democracy have shown, the elastic nature of the corporate charter has
birthed a mutant institution whose unrestrained money and power has transformed
the planet.
Simply put, globalized corporations, operating solely for
profit, have become the most dominant institutions in human history,
transcending ancient emperors, feudal lords, monarchs, dictators and even the
church in their wealth, reach and ability to dominate all avenues of economic
and cultural life.
The Roberts Court now seems intent on disposing of the
feeble, flimsy McCain-Feingold campaign finance law as well as the 1990 AUSTIN
decision that upheld a state law barring corporations from spending to defeat a
specific candidate.
Scalia, Kennedy and Thomas all voted to overturn
McCain-Feingold in 2003, and nobody doubts Roberts and Alito will join them
now. The only question seems centered on how broad the erasure will be. This,
after all, is a �conservative� wing whose intellectual leader, Antonin Scalia,
recently argued that wrongly convicted citizens can be put to death even if new
evidence confirms their innocence.
Should our worst fears be realized, the torrent of cash into
the electoral process could sweep all else before it. With five corporations
controlling the major media and all members of the courts, Congress and the
Executive at the mercy of corporate largess, who will heed the people?
�We don�t put our First Amendment rights in the hands of
Federal Election Commission bureaucrats,� said Roberts during the oral
arguments.
Instead, he may put ALL our rights in the hands of a board
room barony whose global reach and financial dominance are without precedent.
At this point, only an irreversible ban on ALL private
campaign money -- corporate or otherwise -- might save the ability of our
common citizenry to be heard. Those small pockets where public financing and
enforceable restrictions have been tried DO work.
A rewrite of all corporate charters must ban political
activity and demand strict accountability for what they do to their workers,
the natural environment and the common good.
It was the property of the world�s first global corporation
-- the East India Tea Company -- that our revolutionary ancestors pitched into
Boston Harbor. Without a revolution to now obliterate corporate personhood and
the �right� to buy elections, we might just as well throw in the illusion of a
free government.
This imminent, much-feared court decision on campaign
finance is likely to make the issue of corporate money versus real democracy as
clear as it�s ever been.
Likewise the consequences.
HARVEY WASSERMAN�S HISTORY OF THE UNITED STATES
is at harveywasserman.com, along with SOLARTOPIA! OUR GREEN-POWERED
EARTH. This article first appeared at freepress.org, where he and Bob Fitrakis will soon write on the monopolization of
voting machines.