[EL] query

Paul Lehto lehto.paul at gmail.com
Tue Sep 25 12:03:57 PDT 2012


On Tue, Sep 25, 2012 at 1:10 PM, Steve Hoersting <hoersting at gmail.com>wrote:
>
>
> [...] But they would be covered by the reasoning of *Bluman,* which did
> not turn on direct candidate contact vs. independence, but rather on who is
> included in the crucible that is American politics (and who is not).
>
>
The phrase used to describe the Supreme Court's ruling in
*Bluman*upholding prohibitions against direct contributions by foreign
nationals is
telling ("who is included in the crucible that is American politics (and
who is not)."

The reason it is telling is that for literally centuries, much of American
history in this area could be described as an epic battle over who is
included in "We the People."  Women?  Freed slaves?  Minorities?  Eighteen
to 20 year-old persons?  Now, after the radical shift in democratic
approach if not practice ushered in by *Citizens United*, the relevant body
politic is  no longer simply We the People but this "crucible" of people
and artificial entities such as corporations.  We the Crucible?

Paul

On Tue, Sep 25, 2012 at 12:28 PM, Frank Askin <faskin at kinoy.rutgers.edu>wrote:

> Now that the Supreme Court (in Baumin) has upheld the prohibition of
> direct contributions by foreign nationals, is there any litigation over
> independent expenditures by them?  See
> 110.20(f) and 2 USC 441(e).   FRANK
>
>
> Prof. Frank Askin
> Distinguished Professor of Law       and Director
> Constitutional Litigation Clinic
> Rutgers Law School/Newark
> (973) 353-5687
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> Law-election at department-lists.uci.edu
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>



-- 
> Stephen M. Hoersting
>
>
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-- 
Paul R Lehto, J.D.
P.O. Box 1
Ishpeming, MI  49849
lehto.paul at gmail.com
906-204-4965 (cell)
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