Editorials: The Money Crisis – How Citizens United Undermines Our Elections and the Supreme Court | Russ Feingold/Stanford Law Review
As we draw closer to the November election, it becomes clearer that this year’s contest, thanks to the Supreme Court’s 2010 Citizens United decision, will be financially dominated by big money, including, whether directly or indirectly, big money from the treasuries of corporations of all kinds. Without a significant change in how our campaign finance system regulates the influence of corporations, the American election process, and even the Supreme Court itself, face a more durable, long-term crisis of legitimacy. For years, our political process was governed by an underlying principle: large organizations, primarily corporations, were not allowed to buy their way into elections. For 100 years, our laws reflected this principle. First, Congress passed the Tillman Act in 1907, which prohibited corporations from using their treasuries to influence federal elections.[1]Signed by President Theodore Roosevelt, the legislation recognized what had become abundantly clear: corporate influence corrupts elections. Later, under the Taft-Hartley Act of 1947, Congress extended the same prohibition to labor unions.[2] For generations, these regulations provided the bedrock of our election law that followed, including the landmark Bipartisan Campaign Reform Act passed in 2003. And for several election cycles, between 2004 and 2008, our system seemed headed towards more fair and transparent elections. But Citizens United changed everything.