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OpEdNews Op Eds    H2'ed 2/26/10

America's Supremes: Court Over Constitution

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-- in Bush v. Gore (2000), the Court overruled the majority vote to make George Bush president; it overrode Florida's Supreme Court, halting the state recount on the spurious grounds that it violated the 14th Amendment's Equal Protection Clause, an implausible argument but it held; it was the first time ever in US history that the Court reversed the popular will, installing its preferred candidate instead; months later, when it was too late to matter, a media-sponsored National Opinion Research Center tabulation of all uncounted votes showed Gore won Florida and was elected president; he knew it all along but didn't contest;


-- in Watters v. Twombly (2007), the Court prevented states from regulating national bank subsidiaries just as the subprime crisis erupted;


-- in Regents of the University of California v. Merrill Lynch (2008), the court denied restitution from Enron's collusion and defrauding investors; in Arthur Andersen v. United States (2005), it absolved Enron's partner in crime ruling jury instructions "failed to convey the requisite consciousness of wrongdoing" because jurors were told to convict Andersen if it had an "improper purpose," even if it thought it was acting legally; of course, Andersen knew the law, knew it acted illegally, but thought it could get away with it and did;


-- in District of Columbia v. Heller (2008), the Court sided with the gun lobby saying even though they're "aware of the problem of handgun violence in this country....constitutional rights necessarily (take) policy choices off the table;"


-- in Exxon Shipping v. Baker (2008 - 19 years after the Exxon Valdez spill), the Court reduced the original $5 billion punitive damage award to $500 million; this and earlier cases lowered the bar for future malfeasance settlements, the Court nearly always siding with business, giving fraudulent and negligent companies wide latitude to endanger the public and get away with it;


-- in Citizens United v. Federal Election Commission (2010), the Court ruled that the government can't put limits on corporate spending in political elections as doing so violates First Amendment freedoms, legal "political speech," according to Justice Anthony Kennedy, writing for the 5 - 4 majority.


The decision overruled Austin v. Michigan Chamber of Commerce (1990), restricting corporate political spending on the notion that (c)orporate wealth can unfairly influence elections," and McConnell v. Federal Election Commission (2003), upholding part of the Bipartisan Campaign Reform Act of 2002 (the McCain-Feingold Act) restricting corporate and union campaign spending.


In its January ruling, the Court set a precedent, but does it matter given the political power of big money, past failures to curb it, and Professor John Kozy saying:


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