Federal Elections Committee Vs. United States

The First Amendment has been one of the most controversial issues surrounding the Constitutions since its ratification in 1787. The First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Many people disagree on the extent of power the First Amendment actually has on the right to free speech. One of the most controversial issues surrounding the First Amendment is how much influence a company can have over elections and

Campaign Finance reform has been a topic of interest throughout the history of the United States Government, especially in the more recent decades. There are arguments on both sides of the issue. Proponents of campaign finance limits argue that wealthy donors and corporations hold too much power in elections and as a result they can corrupt campaigns. Those who favor less regulation argue that campaign donations are a form of free speech. One case in particular, Citizens United vs. The Federal Election Commission has altered everything with pertaining to Campaign Finance.

In this Supreme Court 5-4 decision, the Court states that the First Amendment protects corporate and union funding of independent political broadcasts in elections. The First Amendment states that “Congress shall make no law ... abridging the freedom of speech.” Or as the Court says, the

Federal Election Commission 558 U.S. 310 distinguished the Bethel School District v. Fraser ruling. The case dealt with the regulations of campaign advertising produced by an organization. In the early months of 2008, The Citizens Untied Corporation released a documentary about why Hillary Clinton would make a good president. The corporation’s plan was to make the documentary accessible 30 days before the primary election. The Bipartisan Campaign Reform Act however prohibits corporations from producing advertisements that advocates for or against a candidate 60 days prior to an election or 30 days prior to a primary election. The question at hand in this case was whether the BCRA violated the organization’s First Amendment. The Supreme Court reversed the District Court’s decision on the constitutionality of the BCRA’s restrictions. The high court decided that the law limited what people could say and when they would say it in regards to the election. It also ruled that the Federal Law conflicted with the U.S. Constitution. The court however, upheld certain requirements for public disclosure by means of advertisements. The court distinguished the Bethel School District v. Fraser ruling when they “upheld a narrow class of speech that operates to the disadvantage of certain persons” (Citizens United v. Federal Election Commission 558 U.S.

Citizens United is an organization that wants to restore citizen control of the United States government. They want to restore the America back to a free nation that has a limited government. The way that they achieve this is to produces television commercials, web advertisements, and documentary films. In 2009, Citizen United sued the Federal Election Commission. Citizens United stated that it was illegal to limit a corporation from spending its treasury money to support or attack candidates in presidential elections. This led to outside groups such as the Super PACs to contribute unlimited amounts of money. Super PACs are an independent political action committee. They could raise unlimited sums of money from corporations, and other individuals.

The issue of campaign financing was argued again more recently in the Supreme Court case, Citizens United v FEC. In this case the Citizens United conservative non-profit argued that an ad for the movie Fahrenheit 9/11 was critical of George Bush and therefore the commercial was a campaigning ad funded by an outside group within sixty days of the general election. Citizens United argued the ad was illegal according to the Bipartisan Campaign Reform Act (BCRA) passed in 2002 that stated no electioneering committee could fund an ad 60 days before an election. Citizens United believed Fahrenheit 9/11 was critical of Bush’s response to 9/11 and therefore was an ad for the opposing candidate Al Gore. The Supreme Court decided that if a company wants to use their money to campaign, since money is an expression of speech, there cannot be any law limiting when you can express your views politically. The court determined that the portions of FECA and BCRA related to restrictions on corporate and labor union spending was unconstitutional as it prohibited free speech. Citizens United reaffirmed the president set by Buckley vs. Valeo that money is

American adopted a system of watching out for the poor that dated back to fourteenth century Europe. This plan relied on stable communities, with a responsible leader. These leaders would look out

What is Citizens United? While it is also a type of political action committee, it became part of a Supreme Court case in 2010, Citizens United vs. Federal Election Commission. Citizens United is a political action committee, a type of organization that donates contributions to campaign for or against candidates in the United States. Citizens United is a problem in United States politics because it allows giant corporations and millionaires to donate large sums of money to get their candidate elected. The Supreme Court made a decision about political spending that has ever since affected the business of politics in the United States (Levy).

The next presidential election will be one like no one has ever seen before in terms of campaign funding and expenses. Even now, the GOP Presidential Primary races are already showing signs of how money will not be an object for their presidential candidate. The seemingly limitless budget exists for these candidates thanks to the so-called Super PACs (Political Action Committees). These Super PACs are allowed to come up with independent financing for the presidential campaign, sans any budgetary ceilings. The inner workings of such a committee has left a bad taste in the mouths of the voters even though very little is known about the actual history and reasons for the existence of the Super PACS. This paper will delve into the committee's

The Supreme Court also sited in that same ruling that, “In a free society by our Constitution, it is not the government, but the people-individually as citizens and candidates and collectively as associations and political committees-who must retain control over the quantity and range of debate on public issues in a political campaign” (Keena 6). While it may be a violation of freedom of speech to limit television ads, many of today’s candidates have made a mockery of the existing legislature regarding campaign financing. Ex-president Bill Clinton bent the rules and laws more than possibly any elected official ever, and certainly farther than anyone since Richard Nixon. Thad Cochran, a veteran Republican senator from Mississippi, stated, “Clinton used his own party and had it operated out of the campaign office, which was the White House, to coordinate expenditures by the Democratic Party and his election campaign in an unlimited amount, using soft money to pay for the ads, with his own chief-of-staff making the decisions about the kind of advertising, and Clinton himself was involved in writing some of the ads that were actually run by the Democratic Party using soft money” (Williams 10). No elected official had ever gone so far as to run soft money ads out of his own office, let alone rewrite the ads himself. It is cases such as this one that are prime examples for why there is such a need for new laws to govern campaign financing.

The case “Citizens United v. Federal Election Commission” was to regulate the spendings of candidates campaign, but it failed to succeed. The Supreme Court ruled 5-4 in the case of Citizens United v. Federal Election Commission. (Bentley, 2017) The case was ruled in favor of big business donating private funds to campaigns. They argued because the first amendment protects the right to speak of many corporations and unions, whether or not people see them as human, therefore the are aloud to donate money to a candidate. (Bentley, 2017) In the academic journal written by Bentley, he States the Court majority (Justices Kennedy, Roberts, Alito, Scalia, and Thomas) argued, " although government has the authority to prevent corruption or “the appearance of corruption,” it has no place in determining whether large political expenditures are either of those things, so it may not impose spending limits on that basis." This meaning the government cannot enforce spending limits on private donors due to the government not being able to identify the big businesses as "corrupted". Since the government cannot label an organization as corrupt or unjust, therefore the donor can continue to assist the candidate. The main problem is the United States of America seems to avoid this. There is a clear problem with Citizens United being able to continue donating money to candidates without giving them so much power. This can be stopped through a constitutional amendment to strip away the corporations of their rights. (Bentley, 2017) By doing this, there will be a very successful campaign for future candidates due to there being an equal amount of money being distributed to them

57). Before the Great Depression of the thirties, the popular opinion was that the federal government should not be heavily involved in providing social welfare. However, the urbanization and industrialization of the early twentieth century, as well as the economic pressure of the 1930s, proved to be more than what state and local governments or private organizations could provide for. These pressures gave way for President Franklin D. Roosevelt to lead America into the New Deal. This included the creation of the U.S. Social Security Program, unemployment assistance, and needs-tested assistance (Salamon 1999, p.58). Roosevelt’s New Deal still left limited coverage, limited funding, and left much of the delivery of social service to state and local governments. Even with all the changes that have occurred in federal programs and policy over the years, Salamon shows that combined state and local governments continued to nearly match the amount of federal spending from 1950 through 1994 (p.59). This again reflects the tension and nature of the American system, which was intended to lean on the strength of the public to innovate and provide for itself. The debate over the amount of government involvement in providing assistance for Americans is still a very important issue as it relates to the role of nonprofit organizations in American society.

In any fundamental American history class we have learned about the great depression and the impact it had on many families struggling to survive it. What is often overlooked however is the lack of government support. It is a shock to also learn about the different types of racism and discrimination that the social workers had to combat while working during the great depression, and also some of the social themes during the great depression are still present in modern society. During the 1920’s there was a negative stigma around accepting public assistance: “the belief that public assistance would demoralize and enslave its recipients while private charity would not- that somehow private was democratic and public undemocratic…”

Citizens United is a conservative non-profit group that sought to challenge Michael Moore’s movie Ferienheit 9/11 through section 203 of the McCain-Feingold Act. Citizens United called into question Moore’s movie citing the motive behind the film was to advocate the defeat of President Bush and that it was

After the Citizen United vs. the FEC Supreme Court ruling, in favor of Citizens United, political campaigns have the ability to raise much greater funds through organizations called super PACs. According to Michael Beckel a political reporter for the Center for Public Integrity, “Officially known as “independent expenditure-only committees”— and unofficially dubbed “super PACs”—these political action committees are able to raise unlimited amounts of money from individuals, corporations, unions, and other organizations” (Beckel 655). On top of the ability to raise unlimited funds, the individuals donating are not required to disclose their names. This could lead to some serious corruption. Super PACs can run as much advertisement either for or against a political candidate, seriously swaying the way citizen’s vote and view a candidate. In fact “super PACs are allowed to use 100 percent of the funds they raise to influence elections” (Beckel 656). No one expected this Supreme Court ruling to have an impact so fast. As stated in an article published by The Nation, “The total number of TV ads for House, Senate and gubernatorial candidates in 2010 was 2,870,000. This was a 250 percent increase over the number of TV ads