...contents Introduction to Corporate Personhood…………………………………………………………………………………..1 Overview of Citizens United v. Federal Election Committee decision………………………………………2 Background of the parties who filed the suit and reasons for doing so……………………………………4 Arguments in favor of the decision………………………………………………………………………………………….5 Arguments against the decision……………………………………………………………………………………………..X Current events related to the decision…………………………………………………………………………………….X Future outlook on the decision…………………………………………………………………………………………………X Works Cited……………………………………………………………………………………………………………………………. Imagine a world without corporation, without structure, and without the complexity of the working world today. Some may even think of these corporations and businesses as individuals with the same rights that you and I have as human beings. Those with this frame of mind would not be too far from the truth. Our economic structure and business establishment has grown in such a way over past centuries that we depend on these conglomerates as a foundation of economic stability. In turn, they seek from us the same rights as businesses that we as individuals are granted as citizens of this great country. In the following pages, we will explore this concept further in understanding what Corporate Personhood is and discovering the case of Citizens United v. Federal Election Committee, including the parties involved, reasons for the case, arguments for and against the...
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...Ethical decision making Citizens United vs. Federal Election Commission First of all this is an assignment what is very interesting again. As a foreigner this was a totally new topic for me. While reading and researching everything I learned about a lot of new stuff. I had to research everything since some of this stuff I never heard of or if I heard about them it was in another language. First I am going to start off my paper with telling the back ground behind Citizens United vs. Federal Election Commission. Citizens United v. Federal Election Commission, No. 08-205, 558 U.S. 310 (2010), is a U.S. constitutional law case dealing with the regulation of campaign spending by organizations. The United States Supreme Court held that the First Amendment prohibited the government from restricting independent political expenditures by a nonprofit corporation. The principles articulated by the Supreme Court in the case have also been extended to for-profit corporations, labor unions and other associations. In the case, the conservative lobbying group Citizens United wanted to air a film critical of Hillary Clinton and to advertise the film during television broadcasts in apparent violation of the 2002 Bipartisan Campaign Reform Act (commonly known as the McCain–Feingold Act or "BCRA"). Section 203 of BCRA defined an "electioneering communication" as a broadcast, cable, or satellite communication that mentioned a candidate within 60 days of a general election or 30 days of a primary...
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...process of researching federal agency decisions will give an overview of regulatory powers, decision and the many ways to find them, while displaying concepts of judicial court opinions and their regulations. Learning by Doing Virginia State’s Public Record Availability Statute The State of Virginia Public Records Act was established and passed in 1975. This act allows records and documents accessible to the public, but only within the operation of an agency within the Commonwealth of Virginia. Public records are considered information that is documented and recorded and that gives transaction and/or activity of an employee, agency or public officer of the state. In no regards to the physical and characteristic form, if the transaction is in any connection of public business, it is considered as a public record. There are only three specific records that are not considered public, which are reference books, materials of exhibition and publications of stocks. “The General Assembly intends by this chapter to establish a single body of law applicable to all public officers and employees on the subject of public records management and preservation and to ensure that the procedures used to manage and preserve public records will be uniform throughout the Commonwealth (1976, c. 746.).” U.S. Supreme Court holding federal income The U.S. Supreme Court ruled that a direct tax on personal income was unconstitutional as a result of the case of Pollock v. Farmers‘ Loan and Trust...
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...Decline of Democracy in America The founding fathers didn’t create a democracy because they thought it would work perfectly. They didn’t give people the right to vote so that everyone would find true happiness. They knew better than to create a utopia where everyone had their own white picket fence, went to church on Sunday and lead lives as model citizens. They understood that toes would get stepped on, feelings would get hurt and sacrifices would happen. The founding fathers didn’t start a revolution to make people happy, they started a revolution because they believed in the idea that everyone had the right to equality. They founded America on the belief that hard work will lead to prosperity in the land of opportunity. All the ideas we associate with America: capitalism, the free market, education, elections, these all came about because people wanted to have power over where their life took them. Being able to make decisions in your own interest: the founding fathers based America on that principal, and they structured the government so it would protect those interests. Today, this is not the case. Although it may appear that America has come a long way since the civil and women’s rights movement, increasing inequality and discrimination in the 21st century has created a democracy that no longer represents the interests of its constituents but its ruling elite. Despite people’s preconceptions that our society represents...
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...evolution of federal campaign finance regulations, beginning with the Tillman Act in 1907, undercuts dramatic proclamations that Citizens United indicates a privileged where corporate interests trump the public interest and politicians do the will of the highest bidder. Corporations in the early twentieth century not only faced scattered and weak enforcement of the Tillman Act's contribution ban and thus no great deterrent to violating the ban, but also exploited glaring legal loopholes that allowed them to bankroll their favored campaigns with relative ease. Even after the enactment of independent corporate expenditure restrictions, corporations faced minimal barriers to political spending on television or in other national media. Until the FEC's creation in 1974, the ban on independent corporate spending on elections was not rigorously enforced. The relevant time frame for evaluating the decision's practical consequences is, at the very longest, the period after Congress substantially amended FECA in 1974. Campaign contributions as emphasized here discusses the ways in which contributions are made to influence new or incumbent candidates to support a particular agenda based on factors that impact the candidate personally, such as the raising of significant funds to help a candidate be re-elected, or environmental issues to even social issues are of concern. Since the last decade, millions upon millions of dollars have been spent in state judicial elections, primarily by...
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...Glori D Vittone BUSS 213 DATE \@ "MMMM d, y" February 18, 2015 Case Study #1 1.The federal Elections commission filed a summary judgement motion with the District Court to have the case brought by Citizens United dismissed. What is a summary judgement motion and why is it appropriate in this case? Summary judgement motion is when the court is asked to dismiss a case immediately. Its appropriate in this case because the film, Hillary: The movie, created by Citizens United clearly violates the McCain-Feingold Act. 2. Citizens United filed a request for an injunction in the same case. What is an injection and why is it appropriate in this case? An injunction is a judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act. In this case is appropriate because the court is asking to forbid the further distribution of the film Hillary: The Movie. 3. What is at stake in the balancing act generally involved in the law-making process in a case like this? Balance in this case is between the spirit and the letter of the McCain-Feingold Act. 4. What is the negative rights theory of ethics and how does it impact this case? This theory argues that the rights created by documents are not real or just self made privileges that people created to protect themselves in case something goes wrong. In this case they argue that their right of free...
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...1.) In reference to the 2010 Supreme Court decision in Citizens United vs. FEC, where the court allows corporate and union to spend an unlimited amount of money for political ads. They use money to support or go against the candidates. In my opinion, this is a very remarkable decision where the court decided to grant these different corporations to use money to influence elections. What makes it too obvious is the organization under Citizens United who accepts tons of money during elections to bankroll lawmakers' campaign. These organizations are influential they use lobbyist to promote or pursue their agendas. Moreover, they gain favor on their part, which is the real intention why they help the political candidates. The Supreme Court decision has affected country's democracy. People lose their confidence in the government. They feel that the government is...
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...The Role of Special Interest Groups in U.S. Elections INTRODUCTION According to Jeffrey Berry of The Interest Group Society, "an interest group is an organized body of individuals who share some goals and who try to influence public policy" (Hays). These groups allow citizens to make their ideas, needs, and views known to elected officials, and with more than 23,000 special interest groups nationwide, citizens can usually find an interest group that focuses on their concerns, no matter how specialized they may be (Encyclopedia of Associations). This paper will explore different types of interest groups, their influence, the methods and tactics they employ, and Citizens United’s effects on elections in the United States. TYPES OF INTEREST GROUPS Special interest groups can be classified into numerous categories. Though not an empirical list, these groups generally belong to at least one of the following categories: Economic interest groups are the largest category. These organization represent big business, such as the U.S. Chamber of Commerce, and labor unions like the American Federation of Labor and Congress of Industrial Organization and the International Brotherhood of Teamsters. These corporations and unions usually have offices in Washington, D.C., and represent entire industries (Types of Interest Groups). Government interest groups such as the National League of Cities, the National Conference of Mayors, and the National Governors Association, bring the issues...
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...2012 Presidential election this fall super PAC’s will have a crucial impact on the candidates in the election. The aspects of super PAC’s far outweigh the harmful side effects that occur. In an informal survey of Ohioans an English 102 class at Columbus State Community College found that 60 percent are aware of what super Pac’s are. In the same survey, 70 percent of Ohioans believe there should be no cap on the contributions by corporations and groups (Survey). Super PAC’s are controversial because they are a result of two court rulings against the Federal Election Commission by the Supreme Court. Super PAC’s are much like political action committees but cannot coordinate directly with candidates or political parties. They allow labor unions, corporations and different groups to make unlimited contributions to these groups that are not in cahoots with any political parties or candidates. The major controversies of this topic are: the First Amendment, disclosure of contributors, corruption, competiveness of elections, and political advertising. The two Supreme Court cases which lead to the creation of super PAC’s were Citizens United vs. Federal Election Committee and SpeechNow.org vs. Federal Election Committee. These two rulings came in 2010 within months of each other. Mortimer B. Zuckerman in “Money in Politics: A Problem With No Easy Solutions” of U.S. Digital Weekly, illustrates the formation of super PAC’s. In the first case Citizens United vs. FEC found that...
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...The force with the highest distribution of power The Bipartisan Campaign Reform Act (BCRA) is a federal instrument organized to limit “large sums of money” from unfairly impacting national politics by controlling “electioneering communication”. The Bipartisan Campaign Reform Act identifies “electioneering communication”, as any satellite or cable broadcast made with thirty days before a primary election or sixty days before a general election, and which pertains to a distinctly identified prospect for Federal office. Citizens United agreed that its planned VOD broadcast and advertisements of The Movie fall within this definition of “electioneering communication”, qualifying them nonexempt from three applicable restrictions under The Bipartisan Campaign Reform Act (BCRA). First, BCRA forbids Citizens United from using its corporate finances to air “electioneering communication” in order to suggest how an observer should vote. Second, if Citizens United achieves the first obligation, BCRA expects Citizens United to expose the personal identities of individuals who gave more than one thousand dollars towards, the creation of The Movie. Lastly, BCRA expects Citizens United to disclose for a minimum of four seconds a written disclaimer in its promotional material expressing it is accountable for the contents (Lindbloom & Terranova, 2009). Who else has power over the Issue? Each of our three branches of government have expressed their concerns on the issue of what role corporations...
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...In the 5-4 Supreme Court decision, ruling unconstitutionally, eliminates the corporate and union directive stating autonomous expenditures and the endowment of electioneering communications. Simply, allowing big business corporations to spend frivolous sums on advertisements and other political techniques-in relation to the public official’s election or the defeat of individual candidates. Although it is still illegal for large corporations to directly ‘donate’ to candidates’ office, it will not necessarily eliminate the possibility of corruption-indirectly violating the peoples’ first amendment right by only allowing wealthy individuals access to political say. “Now the great special business interests to often control and corrupt the men”(DocE). None the less the decision never actually affected the amount of money given to candidates in context of contributions. “So if the decision was about spending, why has so much been written about contributions?”(Public Integrity)....
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...Are Ethics Laws in the Federal Government a Violation of Constitutional Rights? Abstract The paper explores the United States Government’s efforts to put in place laws that guide the ethical behavior of its civil service employees. From the founding of the nation, ensuring ethical behavior by government employees has been a recurring theme, and legislation, laws, and executive orders have been implemented at each stage of our government’s growth to guide federal employees in the ethical administration of their duties. However, at what point do the laws become too restrictive on the very citizens who have sworn to uphold our nation’s democratic values? A history of legislation, laws and executive orders is given along with the eventual backlash of court cases and demands for reform based on constitutional rights. For purposed of brevity, this analysis will focus on federal employees. Are Ethics Laws in the Federal Government a Violation of Constitutional Rights? Over two hundred years ago, with regard to ethics in the federal government, Thomas Jefferson wrote the following words “The right of any officer to give his vote at elections as a qualified citizen is not meant to be restrained, nor, however given, shall it have any effect to his prejudice; but it is expected that he will not attempt to influence the votes of others, nor take any part in the business of electioneering, that being deemed inconsistent with the spirit of the Constitution and his duties...
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...Diego Salinas, Matt Hammer, and Daniel Mishkin Facts The First Amendment of the United States Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of Grievances.” Numerous cases discuss whether corporations have First Amendment rights, however only few cases discuss whether the Free Exercise Clause of the First Amendment applies to corporations. In Central Hudson v. PSC (1980) and Citizens United v. Federal Election Commission (2010) the Supreme Court ruled that the First Amendment protects corporations’ commercial speech and political speech, respectively. In Santa Clara Company v. Southern Pacific Railroad (1886) the court ruled that the equal protection clause of the Fourteenth Amendment applies to corporations. The issue of whether the Affordable Care Act violates individuals’ rights to Free Exercise of Religion has also been a hotly debated topic. The Supreme Court Case Church of the Lukumi Babalu Aye v. Hialeah (1993) discussed whether the government can give ordinances that violate an individual’s right to Free Exercise. The Supreme Court Case Shervert v. Verner (1963) showed that a company cannot not provide an employee with compensation benefits if it interferes with the employee’s right to Free Exercise. Issue Should corporations receive...
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...• Constitutional Speech (Personal and Corporate) * (personal); afforded highest protection by the Courts. Balance must be struck between a government’s obligation to protect its citizens versus a citizen’s right to speech. In other words, if government suppresses speech it must be to protect the citizens. EX. Don’t yell fire in a crowded area. See below. * If restriction is content neutral, restrictions must target some societal problem – not to primarily suppress the message. (Corporate); -Political speech by corporations is protected by the First Amendment. -In Citizens United v. Federal Election Commission (2010) the Supreme Court ruled that corporations can spend freely to support or oppose candidates for President and Congress. • Commercial Speech -Courts give substantial protection to commercial speech (advertising). -Restrictions must: Implement substantial government interest; directly advance that interest; and go no further than necessary. EX. Bad Frog Brewery, Inc. v. New York Liquor Authority= their logo of the frog flipping people off was denied so the company sued and won because their logo is only put in bars, alcohol sections in stores, etc. • Due Process (procedural and substantive); Fifth and Fourteenth Amendments provide “no person shall be deprived of life, liberty or property without due process of law.”; (Procedural) -Procedures depriving an individual of her rights must be fair and equitable. -Constitution requires...
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...Federal Government Exam 1 Review: The first exam will consist of questions generated from the following review sheet. Make sure you understand each of these topics before proceeding to the test. The exam will be timed so you will not have the ability to peruse your notes or retake the exam. The exam itself will consist of 30 multiple choice questions and you will have 35 minutes to complete the exam. Federalism: The Basic elements of a Federal system of government (i.e. how is it structured/how power is shared) • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public...
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