[EL] Citizens United Pushback

[Trevor Potter]

Well, "Congress" did  "chose not to" only in the sense that a majority of both Chambers voted in favor of the Disclose Act , as provided for in the Constitution, but were unable to bring the bill to a final vote in the Senate due to a "fillibuster" by 41 Republican Snators, preventing the 59 Democratic Senators from passing the House-approved bill. So one might more accurately say it was the fault of only a certain sub-set of our elected leaders.... 

________________________________

From: law-election-bounces at department-lists.uci.edu on behalf of Mark Rush
Sent: Sat 2/25/2012 8:51 PM
To: Scarberry, Mark; law-election at uci.edu
Subject: Re: [EL] Citizens United Pushback



All,

Blaming the court is easy. Congress could have repaired CU.  Remember
all the post CU noise from Schumer et al?  But Congress chose not to.

This mess is. The fault of our elected officials.

On 2/26/12, Scarberry, Mark <Mark.Scarberry at pepperdine.edu> wrote:
> Pardon me, but Buckley gives rich people the ability to spend unlimited
> funds independently, right? It gave them the megaphone, or, more accurately,
> refused to let Congress take away the megaphone they already had.
>
> Why blame C.U.?
>
> Buckley may have been wrongly decided, but that's where we have to go, I
> think. Actually, in my view the relevant part of Buckley was correctly
> decided under the Constitution as it exists. I will listen (though with a
> very, very skeptical ear) to arguments that the Constitution should be
> amended.
>
> Mark
>
> Mark S. Scarberry
> Pepperdine Univ. School of Law
> Malibu, CA 90263
> (310)506-4667
>
> From: law-election-bounces at department-lists.uci.edu
> [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Smith,
> Brad
> Sent: Saturday, February 25, 2012 3:33 PM
> To: Salvador Peralta; law-election at uci.edu
> Subject: Re: [EL] Citizens United Pushback
>
> No, Sal, that's not why.
>
>
> Bradley A. Smith
>
> Josiah H. Blackmore II/Shirley M. Nault
>
>    Professor of Law
>
> Capital University Law School
>
> 303 E. Broad St.
>
> Columbus, OH 43215
>
> 614.236.6317
>
> http://law.capital.edu/faculty/bios/bsmith.aspx
>
> ________________________________
> From: Salvador Peralta [oregon.properties at yahoo.com]
> Sent: Saturday, February 25, 2012 6:24 PM
> To: Smith, Brad; law-election at uci.edu
> Subject: Re: [EL] Citizens United Pushback
> I got a tickle out of Brad's remarks bemoaning how "tendentious" things are
> on the issue of campaign finance reform while simultaneously using words
> like "xenophobic", "hysteria", "race-baiting" to characterize the people
> that disagree with him.
>
> I can't help but wonder whether Mr Smith is tossing around terms like
> "xenophobe" and "race-baiting" because doing so is easier than addressing
> concerns about the gaping holes the C.U. decision leaves open for allowing
> foreign individuals and entities that hold controlling interests in domestic
> corporations to play a determinative role in federal elections.
>
> C.U. has not given greater rise to more voices in our federal elections.  At
> best, it has given a bigger megaphone to billionaires and made candidates
> far more beholden to far fewer people.
>
>

--
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Mark Rush
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