Action Project: Citizens United

Focus: Supporting Pursuit of a Constitutional Amendment to Overturn the Citizens United Decision

Lead: Jon Valbert

Description

Background:

Up until the 2010 Citizens United vs. Federal Elections Commission decision by the Supreme Court, state and local governments were able to set reasonable rules and regulations, limiting corporate contributions to, and their involvement in, political campaigns.Under the 5-4 ruling, corporations can now spend unlimited money to influence elections adding to the increasing amounts spent by wealthy individuals and other special interest groups. The Court took the position that to rule otherwise and limit corporate spending in elections would be tantamount to infringing on corporate 1st Amendment rights to free speech. In the 2010 election that followed close-on the Citizens United ruling, spending by outside groups increased 427 percent. For 2012 the Federal Election Commission estimates that more than $2 billion were spent by outside political committees. Now, a case is before the Supreme Court on whether government can limit individual political contributions at all.

Action:

For Supreme Court decisions that declare something constitutional or unconstitutional there are only two remedies available. One is to have the decision in question reversed by another ruling, something that is only realistic if a Court’s membership changes. That is, new appointees are named that are inclined to reverse the ruling in question. The other method is to amend the Constitution to make what the Court found to be unconstitutional, constitutional. The amendment process is a long and arduous one, but so is waiting for a change in Court composition.

The SDTC through this project is joining the ranks of local communities and state legislatures that are pursuing a consitutional amendment to “reverse” Citizens United. In Massachusetts 174 communities have already voted in favor of such an amendment. Most of the towns on the Cape have also endorsed the idea through town meetings or ballot initiatives. Nine state legislatures, including Massachusetts, have also endorsed the adoption of a constitutional amendment. A warrent calling for such an amendment will also be considered at the Sandwich Town Meeting next month. We will keep track of these measures and watch for opportunities to advance the amendment process via this Action Project. If an opening occurs on the Court, thus allowing the President to appoint a new justice, we will of course pursue that avenue as well.

 
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