The Supreme Court recently indicated that it will address the question of campaign spending limits. We have already seen how the court leans on this issue in the “Citizens United v. Federal Election Commission” case in which the court, in its wisdom, saw fit to insist that corporations are persons and in the name of “free speech” should be allowed to contribute to politicians as much as any wealthy individual would. The current case will determine whether there are any limits whatever on what a person (or a corporation) can give to a political candidate and, given that the court agreed to hear the case, the bets are that the court will remove those limits entirely, which are minimal as things now stand. As we are told in a recent HuffPost story;
WASHINGTON — The Supreme Court announced Tuesday that it will hear a case challenging the per-biennial cycle limit on campaign contributions from individuals.
The case, McCutcheon v. Federal Election Commission, argues that the limit on what individuals are allowed to give candidates ($46,200 per two-year cycle) and parties and PACs ($70,800 per two-year cycle) is an unconstitutional violation of the individual donor’s free speech rights.
The present court has tended to lean to the right on issues such as this since Sandra Day O’Connor left the court. Thus, despite the 1976 Buckley v. Valeo Supreme Court decision, which upheld limits set in 1971 on how much money an individual could give to any one candidate, the present Court is almost certain to lift those limits entirely in the name of free speech. Many believe it is a foregone conclusion. But then so was the decision regarding the Affordable Care Act which the Supreme Court upheld to the surprise of nearly every student of the history of the Court. So there is hope.
The problem stems from the fact that the Constitution was written at a time when the major concern was the abuse of power on the part of the Executive. The framers understood power and the need for balance, of course. They had read John Locke and Montesquieu and were very careful to see to it that no one branch of the government became so powerful that it overshadowed the other two, though they did tend to err a bit on the side of the Senate. But the framers never fully considered the effects of great wealth on the workings of an ostensibly democratic government — though several of them, like Thomas Jefferson, saw the possibilities: recall his concern that “a rich country cannot long be a free one.”
In any event, there is nothing in the Constitution about corporations and about PACs or about the limits of spending on political candidates. This allows the Court to refer to whatever portion of the document that seems to them to be appropriate to make a case for whatever decision they regard as politically expedient — not unlike those who read portions of the Bible to support their own take on Judeo-Christian teachings. And given that this Court leans to the right, it is most likely that we will see all limits removed from campaign spending, in which case we can conclude with assurance that the government will henceforth go to the highest bidder.
Pandora’s Box was opened with “Citizens United” and we saw how ugly that got in the last election. What we are about to see, in all probability, is all of the remaining contents of that box in the coming months and years. Barring a Constitutional amendment on spending limits, or a sudden and unexpected shift to the left by this court, we may be witnessing the end of America’s experiment with democratic government.