McCutcheon v. Federal Election Commission

A Supreme Mistake

Money talks. This is an old aphorism in American culture and probably among people the world over, for human history has demonstrated that the rich generally get whatever they want. The haves never have enough and the have-nots never get enough. This is sufficiently problematic in the world of finance. But when that world intersects politics, the result is generally disastrous.

Democracy, certainly the American version of it, is predicated upon the principle of one person, one vote. No one individual possesses a greater claim than any other on the outcome of an election. At its core, democracy is essentially egalitarian. But this guarantee of equality is eroded when elections are determined by the amount of money available in a campaign. That is a lesson we should have learned in the 1970’s.

The Watergate scandal toppled an administration and led to the only Presidential resignation in U.S. history scarring the reputation of Richard Nixon, arguably a great statesman. But it did more. At the time, the scandal awakened Congress and the American people to the corrupting influence of money in politics, proving that this corruption is not just theoretical. The buying of politicians and political influence is intrinsically perverted and leads inevitably to a political and social landscape that is as dark as the night that follows the day.

The U.S. Supreme Court, at least five Justices, appear ignorant to historical reality. In yesterday’s decision McCutcheon v. Federal Election Commission, Chief Justice John Roberts wrote, “There is no right more basic in our democracy than the right to participate in electing our political leaders.” Ironically, and not just a touch cynically, that is exactly the right that the Supreme Court has now stripped from most Americans.

I am baffled by one aspect of this decision: Why didn’t the Supreme Court just abolish elections altogether and merely put candidates up for auction? Oh, come to think of it, they did. How many Americans have $3.6 million to contribute to an election? People might do well to ask themselves whether their individual votes equate with participation compared to that kind of wealth.

There is an element of incomprehensibility in the court’s decision. Money is a tangible object, but the Justices want us to believe that spending it to influence elections is an exercise of free speech. This suggests that some people are more free than others because they possess more wealth. It also makes slaves of the poor, reducing the average American to a plantation worker. And if I am not mistaken, we already fought a war over that.

America is quickly falling, if it hasn’t already, into a world of oppression. An abyss where the oligarchy control all aspects of government—legislative, executive and judicial. We’ve seen this before, throughout history and around the globe. And we know the result. People will put up with oppression for only so long before they revolt. We did it ourselves over two hundred years ago. The last line of defense should the Supreme Court, but it has now fallen prey to the power and whim of the wealthy. As such, more and more citizens will begin to realize how powerless and disenfranchised they truly are.

I fear we are nearing a new revolution. Since the court’s ruling in McCutcheon infringes on the fundamental rights of the governed, maybe it is time to revisit our own Declaration of Independence. That founding document states, “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute a new Government…” Then again there might a less drastic solution.

In American democracy the government is the people. That’s why we have elections in the first place: to vote in and out of office those who, respectively, do or do not represent us. It is a reality today that running a campaign costs money. Perhaps the time has come for the government to equally fund all campaigns—the federal government for federal candidates and state governments for state candidates—and to eliminate all private funding. This is money that belongs to all the people, not just a privileged few. I realize that such a proposal will fall on many a deaf ear. But elections should be determined by the power of a candidate’s ideas and convictions, not the size of his or her bank account.

Money talks, but it is not speech.
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