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Current Events from a Science Perspective

“Americans need to take responsibility for government” – Steve Fair

Steve Fair’s article  in the Tulsa World, by that title,  was meant to describe how we should  address the McCutcheon versus FEC Supreme Court ruling. However, it turned out to be a rationale for putting more money into politics and blaming the citizens for allowing it. The ruling  furthered the damage done by Citizens United, which essentially ruled money was the same as speech, corporations were entitled to free speech, and corporations could express their political opinion by donating money. McCutcheon versus FEC essentially removed the restrictions on how much could be donated.

McCutcheon vs. FEC  was supported by the Republican National Committee and applauded by Chairman Reince Priebus: “Today’s court decision is an important first step toward restoring the voice of candidates and party committees and a vindication for all those who support robust, transparent political discourse.” However, when someone speaks, we know who is speaking, while much of the money in politics is funneled through 501C(3) foundations and other tax-exempt organizations, which hides the identity of those giving the moneyand the amount given.  So much for transparency.

Mr. Fair had three points to his article:

First, the Supreme Court got it right. The First Amendment trumps federal campaign laws. Americans have a constitutional right to participate in the political process at whatever level they want, whether it be volunteering for a candidate or contributing money to their campaign.

Second, it is indisputable that money rules in the political process. Candidates at all levels now must raise large sums of money to “get their message” to voters. State legislative and county candidates must solicit donors for money in order to be competitive in the political arena.

Third, big donors and political consultants are not to blame for money in politics. A common misconception is if big donors and political operatives were taken out of the process, big money in politics would dry up. That is simply not true. The reason we have so much money in politics is because we have an unengaged and ignorant electorate.

Equating money with speech means that those who donate large sums money have a much louder voice than the ordinary citizen. Money did have a role in the political process before, but it was limited so that an average citizen could at least make a reasonable donation. This ruling, and Citizens United , means that money will have even a larger role. Republican presidential candidates are already trekking to Las Vegas to be anointed by Sheldon Adelson. The third point  blames an “unengaged and ignorant electorate” which seems to echo our Republican leader’s perception of American voters. Does it mean you’re “unengaged” if you can’t donate millions and that you are “ ignorant” if you can’t sort through all the propaganda, misinformation, and lies created by those with money.

Quid pro quo corruption:  Chief Justice John Roberts tried to justify the decision when he wrote in the majority opinion. “We have, however, held that this interest must be limited to a specific kind of corruption — quid pro quo corruption — in order to ensure that the government’s efforts do not have the effect of restricting the First Amendment right of citizens to choose who shall govern them.”

By requiring proof of quid pro quo corruption,i.e. outright bribery, the decision fails to address the problem of indirect bribery. An example of that is the effect of ALEC in Oklahoma politics. ALEC is composed of about 300 corporations and special interest groups who supposedly help our legislators write model laws. Those laws, of course reflect the interests of the corporations and the special interest groups, often over those of the citizens. The legislators who are members and support ALEC’s goals are guaranteed the support of the special interests and their money in the next election. Not only does ALEC provide money, but it also provides propaganda support such as letters to the editor of newspapers and op-ed pieces that favor the special interest’s viewpoint – and praise the politicians who support them.  And, ALEC does not thrive on openness as it keeps its agendas, meetings, members, and proposed legislation secret.

Mr. Fair finished by emphasizing again that the voters are at fault,  “ Ignorant voters believe candidate propaganda, and whichever candidate in a race that is the most effective at ‘marketing their message’ wins.  America is a country founded on the principle of self-governance. If we have poor government, it’s our fault. If we have too much money in politics, it’s our fault. It’s time Americans took responsibility for the mess we call our government and quit blaming the system. ” He says,  “ First, don’t just swallow a candidate’s  propaganda without researching the facts. Stay engaged in your government at all levels 24/7/365. Second, hold elected officials and our government accountable. Trust, but verify. Once elected, watch what they do and not what they say.’’

Mr. Fair is right that much of the influence of money in politics could be overcome if voters were more informed, but they can’t research everything they read in the paper or hear on television. It is unrealistic to ask, as he does, that citizens spend 24/7/365 working to ensure that what they read is true. Only politicians and pundits have that kind of time to spend on politics.

Justice Stephen Breyer, writing for the minority, said the decision “understates the importance of protecting the political integrity of our governmental institutions. Today’s decision eviscerates our nation’s campaign finance laws, leaving a remnant incapable of dealing with the grave problems of democratic legitimacy that those laws were intended to resolve.” It is too bad that some Republicans see money as a way to gain power and the spoils of power, rather than seeing it as an impediment to democracy, which it is.

Frank Kennedy, in a post in the Tulsa World summed it up quite nicely,” Freedom of speech, guaranteed in the First Amendment, is not unqualified: one cannot falsely yell fire in a crowded theater. Nor should corporations and billionaires, under the guise of free speech, be able to nullify the concept of one man, one vote with mountains of cash to politicians. It is the job of the Supreme Court to decide among contending rights which have priority. This time the Roberts court got it wrong.” Again.

(c) 2014 J.C. Moore

This is a continuation in the series  Who Is ALEC ? and Academic Freedom and Democracy – ALEC Style, as it is important to keep the light on ALEC. On the surface, the American Legislative Exchange Council provides model legislation for state and national legislatures. Its membership boasts 300 corporations and special interest groups, and about 2000 state legislators, governors, US Congressmen, and US Senators. ALEC sponsors meetings where corporations and their representatives entertain our legislators and help craft “model legislation”. From the corporation’s viewpoint, it is “dream legislation” – and ALEC is the organization that helps their dreams come true. What corporation wouldn’t want legislation designed to limit liability, provide subsidies, weaken regulations, criminalize whistleblowing, lower taxes, provide an edge over competing technologies, or to transfer public funds to them by privatizing education, health care, workers comp, public pensions, and prison systems?

About 1000 model bills are available from ALEC. Legislators can copy the bills, change them to disguise their source, and present them as their own. Most voters, the press, and even legislative colleagues often do not realize that the legislation came from ALEC. ALEC’s hidden hand was exposed when a Florida lawmaker introduced a resolution urging “Congress to Cut the Federal Corporate Tax Rate” that carelessly included ALEC’s mission statement. Sponsoring ALEC legislation insures politicians they will receive support for reelection campaigns. ALEC’s legislation is supported by biased research, talking points, and slick ads to convince voters that the politicians are really looking after their best interests. 

 The press, average citizens, and small business owners are excluded from ALEC by steep fees and screening to insure harmony with ALEC’s mission. An elaborate system insures that information cannot be obtained by Freedom of Information Act requests. Much of ALEC’s secret activity is coordinated through Americans for Prosperity, a Libertarian think tank, which now has offices in all 50 states. ALEC takes great pains to keep secrets, as several corporations have withdrawn when their participation was discovered. Clearly, transparency and full, honest disclosure is need.  However, ALEC has 401(C)3 status, which makes it tax exempt and allows it to hide its agenda and the identity of donors. Although ALEC claims it is not a lobbying group, it is hard to see how claiming they are “coaching” and “educating” legislators exempts them from laws requiring disclosure of lobbying activities.

ALEC’ s most shameful activity is attempts to suppress the votes of those not likely to support its agenda – the poor, the elderly, minorities, college students, and working people. Paul Weyrich, the founder of ALEC, once explained why, saying “our leverage in the elections goes up, quite candidly, as a number of voters go down.” One of ALEC’s favorite tactics is to accuse detractors of being leftists or liberals to discredit them with religious groups and Conservatives. However, the network of think tanks and donors that support ALEC are not Conservative, but Libertarian, and their low regard for the for the truth  or the poor or is hardly Christian.  Citizens United gave corporations a large voice with their money, but it could not give them a heart or a soul.

 According to  Bill Moyer , ALEC is undermining our democracy. The strength of the United States is its unity. Corporations, through ALEC , Libertarian think tanks, and the far right wing of the Republican Party, are working to destroy that unity so they can escape regulation and avoid taxes. We live in a country with enough resources to insure that every citizen has food, shelter, medical care, education, and an opportunity to contribute back to society. That won’t happen as long as our legislatures are willing to let some citizens go without so others can have more. The best situation is a balance in power between business, labor and government. However, modern-day Libertarians want to give all the power to businesses, claiming that businesses making decisions in their self interest will lead to the most good for everyone, but the reality is that it makes the most good for the already wealthy.