December 2014

Sun Mon Tue Wed Thu Fri Sat
  1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31      
Blog powered by Typepad
Member since 08/2003

« Local Programming: Education Voters of PA Fundraiser Tonight | Main | More Citizens United: U.S. Corporations Owned By Foreigners Can Now Intervene in Elections »

January 22, 2010


Feed You can follow this conversation by subscribing to the comment feed for this post.

i'm not sure i follow you in that last paragraph. you're saying that a constitutional amendment to make the first amendment inapplicable to for-profit corporations isn't realistic, but each state in the union abolishing corporations within their border is?

honestly, the only realistic solution to the citizens united case is to hope that obama (or another dem) gets to replace a few conservative justices and then hope that the court overrules this stinky radical decision. it's a long shot and will take a long time, but it has the advantage over every other thing i've heard in that i can imagine it actually happening some day.

You're right, I wasn't clear. I had two thoughts: First, amending just Delaware's corporate law would be sufficient, since almost all large publicly- traded corporations were formed there. I don't think that's likely, either, but it's more likely than a federal constitutional amendment v

I was also thinking about how that fact - that a state legislature could overturn the effect of this decision - should affect the constitutional argument. Basically, if the states have the power to put corporations to death, why should government generally lack the authority to limit what they do?

"Basically, if the states have the power to put corporations to death, why should government generally lack the authority to limit what they do?"

One of the more forceful proponents of that idea was CJ Rehnquist, who often said that talk of "rights" for corporations confused metaphor with reality, which I think is a nice way to put it.

To be honest, though I'm strongly opposed to the Citizens United decision, I'm genuinely curious how things will shake out. Most of the big, powerful corporations already approach politics gingerly, for fear of alienating shareholders or inviting retaliation from politicians they didn't support. I wouldn't be surprised if politics on the national level didn't change much.

The bigger problem is in local elections, like for state representatives. I can definitely seeing a prison company spending ~$1m — a fortune in a local race — to defeat a candidate opposed to building a new prison in the district.

And that's a big problem for democracy.

The comments to this entry are closed.

Support This Blog

Philadelphia Bloggers