So what does a US Supreme Court decision overnight have to do with plans by President Barack Obama to revamp US banking and health care, plans to regulate greenhouse gas emissions and crack down on takeovers and mergers?
A lot, in fact a huge amount.
Of all the decisions of the conservative-dominated Supreme Court has made in recent years, the one overnight, which has lifted decades of restrictions on US companies financing direct political activity, is the most important. It is going to send up the already obscene cost of US elections.
The court ruled 5 to 4, with all George W. Bush’s conservative appointees lining up on the affirmative, to overturn several important precedents (how’s that for the conservatives being radicals?) in a decision that was yet another defeat for the Obama Administration and supporters of campaign finance laws who said that ending the limits would unleash a flood of corporate money into the political system.
The ruling will transform the American political landscape and the rules on how money can be spent in this year’s Congressional election and the 2012 presidential contest.
“Writing for the majority, Justice Anthony Kennedy said the limits violated constitutional free-speech rights,” Reuters reported.
“We find no basis for the proposition that, in the context of political speech, the government may impose restrictions on certain disfavored speakers.
“In his sharply worded dissent, Justice John Paul Stevens wrote, ‘The court’s ruling threatens to undermine the integrity of elected institutions across the nation’.
“The justices overturned Supreme Court precedents from 2003 and 1990 that upheld federal and state limits on independent expenditures by corporate treasuries to support or oppose candidates.”
With Obama’s health-care proposals in trouble after the Democratic Party lost its absolute majority in the Senate, with plans to impose a tax on banks for the next 10 years and with plans, revealed today, to brake up some of the country’s biggest (and the world’s) banks, the High Court ruling will spark a surge in direct spending, on top of the half-a-billion dollars already spent this year by US banks and their industry on trying to defeat proposed legislation.
Hundreds of millions of dollars have already been spent by health-care groups, drug companies, insurers (and unions and proponents in favour of the Obama proposals). Now big companies will be able to spend directly and to their heart’s content.
The stratagems adopted to get around campaign restrictions will not longer be needed (limits of $1000, $2000). America now faces a grubby dash for cash that will further devalue the political process.
The health care and the bank proposals will be the ones most in danger (along with legislation to give unions more powers).
The bank proposals represent a significant toughening on what the Administration proposed last June (did the loss of Senator Edward Kennedy’s seat have anything to do with that?). Obama has accepted many of the proposals of Paul Volcker, the former Fed chairman from the 1970s and ’80s, who crushed inflation for Republican hero Ronnie Regan.
Instead of a light revamp, the Obama proposals will now effectively force finance firms to choose between proprietary activities, trading in stocks and sometimes risky financial instruments and commercial activities, such as being old-fashioned banks and making loans and collecting deposits.
The changes need Congressional approval and if they are, would stop banks or finance institutions owning, investing in or sponsoring hedge fund or private equity funds. The President said in his announcement that he will close loopholes that let finance firms trade risky products.
But it will also generate an orgy of spending on elections and lobbying from these same banks, many of whom were saved by the American taxpayer. All thanks to a partisan, conservative-dominated High Court.
I disagree entirely of course.
Thank God for the First Amendment and that SCOTUS actually defended it.
I much prefer and trust a by law open and transparent system of private players than of governmental ones.
But then I’m for freedom which does a million times the better job for the ‘ordinary joes’ than bleedin’ heart big government progressives who sanctimoniously promise much but deliver failure, usually sooner but sometimes later (the Bitish NHS), despair, endemic poverty and learned helplessness.
@JamesK, generic ramble about big government… What does that even mean in relation to the article? It’s like you’re having a conversation with yourself. Bizarre.
@Gleen, I am morbidly fascinated by the decision of the judges to open the money floodgates into America’s electoral swamplands. If anything, it will be a rapid catalyst for change regarding their laws on special interests in politics. Lack of action will result in America’s transition to fully fledged Corporatocracy.
@JamesK – Have you seen Mike Moore’s SICKO? It explains why the US system is so successful at maintaining despair, endemic poverty and learned helplessness. It is the american way. Load ’em up with debt and low wages and you have a passive majority too worried about losing their job or getting sick to engage in the luxury of free speech. Leave that to the uber rich corporations because they have your interests at heart and not their off-shore shareholders… The film also added up a couple of donations to sway legislation in favour of health insurance companies when it is fact that 18,000 Americans die every year as a direct result of their health system’s failures. So it’s OK to spend trillions of tax-payers’ money to kill innocents overseas and at home. If you don’t have a problem with that then you are as sicko as your idols.
I can understand why you think big government is an invention of the left. You’ve fallen for your own team’s propaganda. Do you know the numbers in the US and Australia under Howard and that other radical, BumsrUSH? They both let big government balloon then lied to say they opposed big government.
To paraphrase a Yankie, if you cherish freedom of speech but don’t care how much of it is lies you deserve neither freedom or the right to speak!
I dunno guys, I think I’m in better company.
Charles Krauthammer of the Washington Post is more of my way of thinking:
“I think it’s a great ruling. The most important amendment is the First Amendment. The most important of our rights is free speech. And the most important element in free speech is political speech. And that’s why the governing class has always attempted the . . . regulation of political speech.
The less, the better.
Now, it has to be admitted that one of the downsides of this will be a marginal increase in the power of money. However, for all of the restrictions that we have had under all our laws – the [campaign] finance laws — money always ends up having its influence one way or the other. It finds its level. It goes around loopholes. You hire smart (and now rich lawyers) and you get around [the law].
And, secondly, the only way to completely abolish the power of money is to do what was done in other English-speaking countries and . . . ban all political money and you have it all paid by the government. The problem is: If you do that, it’s a huge advantage for any incumbent.
So, I think what we heard today [from the Supreme Court] is exactly what you ought to do: disclaimers and disclosures so everybody knows who is giving and who is financing. But open the gates.”
The other aspect is the hypocrisy of Obama decrying this ruling now. He was of the two canditaes, the dishonest one.
He reneged on the agreement with McCain that the campaigns would each be run on public finances only.
But then when it comes to Progressives the rules don’t apply. Right?
Incidentally why do Labor not want to restrict funfing of elections to just the public purse I wonder?
The unions won them the last one. Eh?
Progressive sanctimony = Thorough dishonest.