United States Constitution | The Omnipotent Poobah Speaks!

SCOTUS, WTF? - It's apparently obvious to everyone except the Supremes.

Much was made of Justice Samuel Alito’s silently mouthing off after Barack Obama called the Supremes out on their decision that corporations and unions are allowed to spend freely on campaigns. As slights go during the complex kabuki of a SOTU speech, it was a tepid thing – certainly more respectful than a Wilsonesque “You lie!” from the peanut gallery. However, what he mouthed is nowhere near as important as the actions he took.

Obama depicted SCOTUS’s decision as wrong-headed and an example of “activist” right-wing jurisprudence, which isn’t technically true. The century old decision to grant corporations First Amendment rights was the real activist crime and the Alitonistas are simply following that precedent arc to its logical conclusion.

The problem is the Constitution said nothing about organizations or corporations having First Amendment rights then and still doesn’t now.

I’m sure a smart lawyer could argue the Constitution grants those rights to corporations if you read between the lines, Nevertheless, I can’t see how anyone could argue it is in the spirit of the Constitution or isn’t a very undemocratic, impractical decision.

Because companies control heftier purse strings than individuals do, they have an unfair advantage in the public square. Money buys megaphones individuals can’t buy alone. Even if individuals band together to raise money – a counter-individualist thing to do – they’re hard-pressed to ramp up as fast as a corporation with money already in the bank and has already been spending heavily on lobbyists outside of the campaign milieu. They’d also have to raise that money either from the great unwashed (whose economic livelihood is largely controlled by corporations) or from wealthy individuals who usually can say their peace from the corporate pulpit as well as the personal soapbox.

The ill-advisedness of handing corporations First Amendment rights equal to or greater than individuals is evident in our current political arena. Lawmakers bought and paid for by businesses guarantee there will be more corruption than not. It guarantees that in a world dependent on mass media – much of it controlled by corporations also spending on the campaigns they cover – contrarian positions are whispers at best and muzzled at worst.

I’m not totally blind to the business side of this issue, companies need to present their ideas. However, the predilection of administrations to reach deep into the private sector for high-level appointees and getting meetings with the movers and shakers can be possible without greasing palms with Chevron 10W40 oil. If corporations have First Amendment rights then let them be equal. Let them stand in line with the rest of us and depend on the persuasiveness of their arguments to guide legislation.

Obama was wrong when he called the Supremes “activist, but he raised a good point.

Maybe it’s time for some activist judges to right this wrong.