Author: Publisher:
ISBN:
Category : Campaign funds
Languages : en
Pages : 220
Book Description
Citizens Divided on Citizens United
Author: Money, Politics, and the Constitution
Author: Monica YounPublisher:
ISBN: 9780870785214
Category : Law
Languages : en
Pages : 0
Book Description
"A brilliant collection of essays on one of the most important contemporary constitutional issues: when can and should the government be able to regulate campaign spending? Each essay offers original insights, and together they are a superb examination of the intersection of politics and constitutional law. If there is to be a new jurisprudence in this area, this book is likely its foundation."--Erwin Chemerinsky, founding dean, School of Law, University of California-Irvine In the U.S. Supreme Court case Citizens United v. Federal Election Commission, five justices ruled that corporations and unions had a constitutional right to spend unlimited sums in elections. In so doing, they overturned decades of precedent and dozens of laws. The ruling earned banner headlines, a sharp State of the Union rebuke, and public disapproval hovering near 80 percent in the polls. In the 2010 election that followed, independent spending spiked, much of it done secretly. The decision ranks among the Court's most controversial and consequential. This volume is an attempt to map out the complex labyrinth that led to Citizens United and to explore where this decision may lead. The chapters in it arose from a symposium sponsored by NYU's Brennan Center for Justice just nine weeks after the Citizens United decision was announced.
Citizens Divided
Author: Robert C. PostPublisher: Harvard University Press
ISBN: 0674369610
Category : Law
Languages : en
Pages : 265
Book Description
The Supreme Court’s 5–4 decision in Citizens United v. Federal Election Commission, which struck down a federal prohibition on independent corporate campaign expenditures, is one of the most controversial opinions in recent memory. Defenders of the First Amendment greeted the ruling with enthusiasm, while advocates of electoral reform recoiled in disbelief. Robert C. Post offers a new constitutional theory that seeks to reconcile these sharply divided camps. Post interprets constitutional conflict over campaign finance reform as an argument between those who believe self-government requires democratic participation in the formation of public opinion and those who believe that self-government requires a functioning system of representation. The former emphasize the value of free speech, while the latter emphasize the integrity of the electoral process. Each position has deep roots in American constitutional history. Post argues that both positions aim to nurture self-government, which in contemporary life can flourish only if elections are structured to create public confidence that elected officials are attentive to public opinion. Post spells out the many implications of this simple but profound insight. Critiquing the First Amendment reasoning of the Court in Citizens United, he also shows that the Court did not clearly grasp the constitutional dimensions of corporate speech. Blending history, constitutional law, and political theory, Citizens Divided explains how a Supreme Court case of far-reaching consequence might have been decided differently, in a manner that would have preserved both First Amendment rights and electoral integrity.
Dividing Citizens
Author: Suzanne MettlerPublisher: Cornell University Press
ISBN: 1501728822
Category : History
Languages : en
Pages : 258
Book Description
The New Deal was not the same deal for men and women—a finding strikingly demonstrated in Dividing Citizens. Rich with implications for current debates over citizenship and welfare policy, this book provides a detailed historical account of how governing institutions and public policies shape social status and civic life. In her examination of the impact of New Deal social and labor policies on the organization and character of American citizenship, Suzanne Mettler offers an incisive analysis of the formation and implementation of the pillars of the modern welfare state: the Social Security Act, including Old Age and Survivors' Insurance, Old Age Assistance, Unemployment Insurance, and Aid to Dependent Children (later known simply as "welfare"), as well as the Fair Labor Standards Act, which guaranteed the minimum wage. Mettler draws on the methods of historical-institutionalists to develop a "structured governance" approach to her analysis of the New Deal. She shows how the new welfare state institutionalized gender politically, most clearly by incorporating men, particularly white men, into nationally administered policies and consigning women to more variable state-run programs. Differential incorporation of citizens, in turn, prompted different types of participation in politics. These gender-specific consequences were the outcome of a complex interplay of institutional dynamics, political imperatives, and the unintended consequences of policy implementation actions. By tracing the subtle and complicated political dynamics that emerged with New Deal policies, Mettler sounds a cautionary note as we once again negotiate the bounds of American federalism and public policy.
Democracies Divided
Author: Thomas CarothersPublisher: Brookings Institution Press
ISBN: 081573722X
Category : Political Science
Languages : en
Pages : 321
Book Description
“A must-read for anyone concerned about the fate of contemporary democracies.”—Steven Levitsky, co-author of How Democracies Die 2020 CHOICE Outstanding Academic Title Why divisions have deepened and what can be done to heal them As one part of the global democratic recession, severe political polarization is increasingly afflicting old and new democracies alike, producing the erosion of democratic norms and rising societal anger. This volume is the first book-length comparative analysis of this troubling global phenomenon, offering in-depth case studies of countries as wide-ranging and important as Brazil, India, Kenya, Poland, Turkey, and the United States. The case study authors are a diverse group of country and regional experts, each with deep local knowledge and experience. Democracies Divided identifies and examines the fissures that are dividing societies and the factors bringing polarization to a boil. In nearly every case under study, political entrepreneurs have exploited and exacerbated long-simmering divisions for their own purposes—in the process undermining the prospects for democratic consensus and productive governance. But this book is not simply a diagnosis of what has gone wrong. Each case study discusses actions that concerned citizens and organizations are taking to counter polarizing forces, whether through reforms to political parties, institutions, or the media. The book’s editors distill from the case studies a range of possible ways for restoring consensus and defeating polarization in the world’s democracies. Timely, rigorous, and accessible, this book is of compelling interest to civic activists, political actors, scholars, and ordinary citizens in societies beset by increasingly rancorous partisanship.
Politics and Capital
Author: John AttanasioPublisher: Oxford University Press
ISBN: 0190847042
Category : Law
Languages : en
Pages : 305
Book Description
This book is about good government-especially ethical and fair government. Using both theoretical methods and practical political analysis, John Attanasio shows how recent Supreme Court decisions and campaign finance regulations map onto a pernicious and growing inequality in America. He puts forward a novel solution grounded in a new principle of personal autonomy. Looking at the transformation of wealth and political influence in America, this book demonstrates that the defining campaign finance cases such as Buckley v. Valeo and Citizens United have created a new constitutional arrangement that correlates with the dramatic rise in U.S. wealth and income inequality since the 1970s. The book goes on to show that this distorted income allocation has adversely affected demand, which may be spawning American economic stagnation. The solution Attanasio proposes is the principle of "distributive autonomy," sharply contrasting it with the individualism of modern libertarian ideas, which have given rise to the radical inequality that reduces, rather than enhances, autonomy. Good governance must be centrally concerned with the distribution of freedom for all: if my autonomy matters, so does yours. Valuing the autonomy of others is authentic autonomy. Distributive autonomy is necessary to ensure that participatory democracy retains its truly democratic elements, which may be a necessary condition for long-term, prosperous capitalism. A profound synthesis of theory and practice, Politics and Capital is crucial to understanding the ominous political and economic problems besetting twenty-first century America.
Dividing 'Citizens United'
Author: Laurence H. TribePublisher:
ISBN:
Category :
Languages : en
Pages : 31
Book Description
In the five years since "Citizens United", that notorious and much-misunderstood Supreme Court decision has become more than just a case: it has become a symbol, a rallying cry. For some, it is an emblem of free speech values at their best. For others, it is a symptom of a deep sickness in our body politic. But we should not forget that it was a case first, with a plaintiff who wanted to distribute a political movie and was told "no."As a case dealing with a particular controversy over a proposed publication, I believe "Citizens United" was rightly decided, for the reasons I discuss in Part I, even if it was resolved in a way that was symptomatic of judicial overreach all too common on the current Court. But as a symbol and a symptom, "Citizens United" has broader significance reflected in the Court's eventual opinion. It represents a bizarrely cramped and naïve vision of political corruption and improper influence in the electoral process -- one that has become characteristic of Roberts Court campaign finance law. And, more broadly, it is part of a trend in First Amendment law that is transforming that body of doctrine into a charter of largely untrammeled libertarianism, in which the regulation of virtually all forms of speech and all kinds of speakers is treated with the same heavy dose of judicial skepticism, with exceptions perversely calculated to expose particularly vulnerable and valuable sorts of expression to unconvincingly justified suppression. It is those trends, rather than the outcome of "Citizens United" as applied to the facts before the Court, that need to be revisited. Part II provides a first cut at rethinking campaign finance law. This effort is informed by the recognition that there are few if any easy answers in this field. The First Amendment requires hard choices about seriously conflicting yet equally foundational constitutional values: democracy, liberty, equality. Each one of these values is contested; no single value or theory can or should reign supreme. But, as I strive to show, the Supreme Court has started to privilege -- throughout First Amendment law -- an overly skeptical and distrustful understanding of democracy and a too rigid and mechanical approach to liberty, leaving equality increasingly out of the picture. I believe the Court would do well to rethink that approach.
Citizens Divided
Author: Robert PostPublisher: Harvard University Press
ISBN: 0674729005
Category : Law
Languages : en
Pages : 265
Book Description
First Amendment defenders greeted the Court’s Citizens United ruling with enthusiasm, while electoral reformers recoiled in disbelief. Post offers a constitutional theory that seeks to reconcile these sharply divided camps, and he explains how the case might have been decided in a way that would preserve free speech and electoral integrity.
Super PACs
Author: Louise I. GerdesPublisher: Greenhaven Publishing LLC
ISBN: 0737768649
Category : Young Adult Nonfiction
Languages : en
Pages : 113
Book Description
The passage of Citizens United by the Supreme Court in 2010 sparked a renewed debate about campaign spending by large political action committees, or Super PACs. Its ruling said that it is okay for corporations and labor unions to spend as much as they want in advertising and other methods to convince people to vote for or against a candidate. This book provides a wide range of opinions on the issue. Includes primary and secondary sources from a variety of perspectives; eyewitnesses, scientific journals, government officials, and many others.
Citizens Uniting to Restore Our Democracy
Author: Daniel KemmisPublisher: University of Oklahoma Press
ISBN: 0806168110
Category : Political Science
Languages : en
Pages : 273
Book Description
The election of Donald Trump in 2016 shocked the American political system, and the aftershocks have widened the nation’s partisan divide and magnified deep tensions in the public sphere. At a time when our political focus so often shrinks to the immediacy of the latest jolt, this book puts these alarming events in a much broader—and more manageable—context. Even as we become more polarized along partisan and ideological lines, author Daniel Kemmis reminds us that authentic conservatism and progressivism are both deeply rooted in genuine human concerns and in the shared history of our democratic republic. Citizens Uniting to Restore Our Democracy is at once a cogent analysis of what ails our body politic and a wide-ranging, deeply informed prescription for healing our wounded democracy. The Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission amplified the role of big money in American politics. But, as Kemmis notes, the threats to our democracy long preceded Citizens United. While the influence of big money and relentless partisanship can make ordinary citizens feel powerless in a chaotic political culture, Citizens Uniting to Restore Our Democracy offers a stirring reassertion of the power Americans possess as collaborative problem-solvers—namely, the very homegrown self-governing skills needed to rebuild our democracy. Drawing on several decades of public service—as a politician, activist, and scholar, one of Utne Reader’s “100 Visionaries Changing the World”—Kemmis highlights the transformative potential latent in the everyday practice of engaged citizenship. Leveraged by new mechanisms, such as an effective democratic lobby of the kind his book advocates, that reservoir of active, hands-on citizenship must be mobilized into a twenty-first-century version of the Progressive movement, providing both necessary and sufficient conditions for the renewal of the nation’s democratic institutions.