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OpEdNews Op Eds    H1'ed 4/3/14

With McCutcheon Ruling, An Activist Court Opts for Full-On Plutocracy

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Source: The Nation


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Any doubts about the determination of an activist United States Supreme Court to rewrite election rules so that the dollar matters more than the vote were removed Wednesday, when McCutcheon v. Federal Election Commission was decided in favor of the dollar.

The court that in 2010, with its Citizens United v. FEC  decision, cleared the way for corporations to spend as freely as they choose to buy elections has now effectively eliminated the ability of the American people and their elected representatives to establish meaningful limits on direct donations by millionaires and billionaires to campaigns.

The Citizens United ruling, coming after many previous judicial assaults on campaign finance rules and regulations, was a disaster for democracy. But it left in place at least some constraints on the campaign donors. Key among these was a limitation on the ability of a wealthy individual to donate more than a total dollar amount of $123,000 total in each two-year election cycle to political candidates and parties.

With the ruling in the McCutcheon case -- where the court was actively encouraged to intervene on behalf of big-money politics by Senate Minority Leader Mitch McConnell, R-Kentucky -- a 5-4 court majority (signing on to various opinions) has ruled that caps on the total amount of money an individual donor can give to political candidates, parties and political action committees are unconstitutional. In so doing, says U.S. Senator Tammy Baldwin, D-Wisconsin, says the court has further tipped the balance of power toward those who did not need any more influence over the affairs of state.

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John Nichols, a pioneering political blogger, has written the Online Beat since 1999. His posts have been circulated internationally, quoted in numerous books and mentioned in debates on the floor of Congress.

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