Blog on the Run: Reloaded

Wednesday, August 26, 2015 6:28 pm

Odds and ends for Aug. 26

When Hillary Clinton corralled journalists, journalists and pundits complained, and rightfully so. I trust they’ll do the same now that Donald Trump had reporter Jorge Ramos, whose audience is huge, physically removed from an event. Right?

Speaking of Trump, the N.C. GOP wants to ban him (and anyone else) from the state’s 2016 presidential primary unless they pledge to support whoever the party’s nominee turns out to be and promise not to run a third-party candidacy. This Republican wouldn’t vote for Trump at gunpoint but thinks that if you support him and he has filed, you deserve to get the chance to vote for him.

So, while it may have been incredibly stupid for Hillary Clinton to handle State Department info on a personal email account, it was against neither law nor policy at the time it happened. The same is true when her predecessor, Colin Powell, did the same thing, FWIW.

California schools are requiring kids to get vaccinated, so, naturally, parents are lining up to home-school their kids rather than vaccinate them. We need a vaccination against stupidity, is what we need.

Our legislature, which can’t be bothered to do its own damn job, has decided that it needs to kick the unemployed, even though North Carolina’s unemployed already get the nation’s lowest benefits. They should be reminded that this state is chock-full of pine trees and chickens, the raw material for tar and feathers.

Campaigns of and SuperPACs supporting four GOP governors running for president have received $2.5 million from “companies with state contracts or subsidies,” per the Wall Street Journal. But, go ahead, Justice Anthony Kennedy, tell me again how money in politics creates neither the reality nor the appearance of corruption.

So Raleigh anti-abortion activists are now harassing clinic escorts and trying to get them fired. Becauses that’s what Jesus would do.

And in a setback for veganism, the FDA rules that if you’re going to call something “mayonnaise,” it has to have eggs in it.

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Thursday, October 9, 2014 8:31 pm

No, both sides DON’T do it, Part the Infinity

Every time I or anyone else correctly points out the disproportionate influence of conservative spending on the American electoral process at both the federal and state levels, someone — either a liar or a useful idiot — usually pipes up with, “But the liberals do it, too!” In point of fact, a quick visit to OpenSecrets.org will show you that while both sides might do it, one side does it far more than the other, and that just happens to be the same side that also has been working for more private money and less transparency with respect to money in the political system. That money, in turn, leads to necrosis of our one-person, one-vote system.

In particular, every time I or anyone else points out the disproportionate influence of the Koch Bros.’ spending on the system, someone — either a liar or a useful idiot — usually pipes up with, “But … but … SOROS!” And, yes, billionaire George Soros does contribute a fair bit of money to liberal candidates and causes.

But nowhere near as much as do the Kochs. From an objective, mathematical standpoint, the comparison is just silly.

So, all you both-siders: You now know that you’re wrong. If you’re going to continue to insist on being a both-sider, I’d like to know: Which are you, liar or useful idiot?

Tuesday, April 8, 2014 7:09 pm

If you’re having trouble understanding why Citizens United and McCutcheon were such bad decisions, it’s because Nixon would have loved them.

Chief Justice John Roberts, author of the majority opinion in McCutcheon, and Associate Justice Anthony Kennedy, who wrote the majority opinion in McCutcheon, live in a fantasy world, Ian Millhiser explains:

In 1974, a Senate Select Committee on Presidential Campaign Activities chaired by Sen. Sam Ervin (D-NC) revealed activities that nearly anyone other than the five justices who signed on to Roberts’ decision in McCutcheon v. FEC would unreservedly describe as corruption. In the early 1970s, for example, the dairy industry desired increased price supports from the federal government, but Secretary of Agriculture Clifford Hardin has decided not to give these price supports to the milk producers. In response, various dairy industry organizations pledged $2 million to Nixon’s reelection campaign — and then developed a complicated scheme to launder the money through various small donations to “hundreds of committees in various states which could then hold the money for the President’s reelection campaign, so as to permit the producers to meet independent reporting requirements without disclosure.”

President Nixon later agreed to a meeting with industry representatives, and he decided to overrule his Agriculture Secretary. The milk producers got their price supports.

The Ervin report “identified over $1.8 million in Presidential campaign contributions as ascribable, in whole or in part, to 31 persons holding ambassadorial appointments from President Nixon, and stated that six other large contributors, accounting for $3 million, appear to have been actively seeking such appointment at the time of their contributions.” Outside of the White House, the report uncovered “lavish contributions” to members of Congress from both political parties. The chairman of one oil company testified that executives perceived campaign donations as a “calling card” that would “get us in the door and make our point of view heard.” American Airlines’ former chair testified that many companies funneled money to politicians “in response to pressure for fear of a competitive disadvantage that might result” if they did not buy off lawmakers. In essence, businesses feared that if they did not give money to elected officials, but their competitors did, then their competition could use their enhanced access to politicians in order to gain a competitive advantage in the marketplace.

And yet, according to Chief Justice Roberts and his fellow conservative justices, hardly any of this activity amounts to “corruption.”

Even the Court’s 1976 ruling in Buckley v. Valeo, which famously created the law that money = speech (but also largely upheld post-Watergate campaign-finance reforms), conceded that Congress could regulate campaign contributions to prevent corruption or its appearance. But Kennedy and Roberts have gone much, much farther than that:*

Roberts’ opinion in McCutcheon, however, defines the word “corruption” so narrowly that it is practically meaningless. In order to survive constitutional review, Roberts writes, a campaign finance regulation must “target what we have called “quid pro quo” corruption or its appearance. That Latin phrase captures the notion of a direct exchange of an official act for money.” Thus, unless a donor offers “dollars for political favors,” no corruption exists.

Lest there be any doubt, this narrow understanding of the word “corruption” does not capture cases where a donor pays off a politician in order to buy access. To the contrary, as the conservative justices held in Citizens United v. FEC, “[t]he fact that speakers may have influence over or access to elected officials does not mean that these officials are corrupt” (The word “speakers,” in this context, is used to refer to what most people describe as “donors”). Indeed, Citizens United goes much further than simply claiming that dollars-for-access arrangements must be tolerated. At one point, it seems to view them as an objective good:

Favoritism and influence are not . . . avoidable in representative politics. It is in the nature of an elected representative to favor certain policies, and, by necessary corollary, to favor the voters and contributors who support those policies. It is well understood that a substantial and legitimate reason, if not the only reason, to cast a vote for, or to make a contribution to, one candidate over another is that the candidate will respond by producing those political outcomes the supporter favors. Democracy is premised on responsiveness.

Democracy certainly is premised on responsiveness. Though it is a strange definition of democracy that offers enhanced responsiveness to those who can afford to pay for it.

Under Roberts’ definition of “corruption” most of the corrupt activities of the Nixon era would be viewed as completely benign. Though an isolated incident, where a Nixon fundraiser promised that the president would make a donor Ambassador to Trinidad in return for $100,000, would qualify as an explicit “dollars for political favors,” arrangement, politicians who give greater access to their donors are not “corrupt” under McCutcheon and Citizens United unless they offer to exchange votes or similar favors in return for campaign donations. Indeed, even the dairy industry’s $2 million bid for a meeting with President Nixon may not qualify as “corruption,” as Roberts understands the word, because there is some uncertainty as to whether the $2 million donation was “conditioned upon or ‘linked’ to” the President agreeing to make specific changes to the administration’s policies. According to Roberts’ opinion in McCutcheon,

Spending large sums of money in connection with elections, but not in connection with an effort to control the exercise of an officeholder’s official duties, does not give rise to such quid pro quo corruption. Nor does the possibility that an individual who spends large sums may garner “influence over or access to” elected officials or political parties. And because the Government’s interest in preventing the appearance of corruption is equally confined to the appearance of of quid pro quo corruption, the Government may not seek to limit the appearance of mere influence or access.

So what Nixon likely would have gone to prison for in the 1970s had he attempted to stay in office is now the law of the land, per five Republican justices who no doubt also believe they are Tsars of All the Russias, to borrow a phrase from Charlie Pierce.

And the American people know it, Millhiser concludes:

Very few Americans agree with Roberts’ view of what constitutes corruption. Indeed, a 2012 poll determined that 69 percent of Americans believed that the rule emerging from cases likeCitizens United allowing “corporations, unions and people give unlimited money to Super PACs will lead to corruption.” Just 15 percent disagreed.

To put that number in perspective, another poll found that fully 19 percent of Americans believe in “spells or witchcraft” — a full four percentage points more …

Myself, I’m wondering, given how many presumably sensible Americans have, since 2000, been willing to give away so many of their own rights and to refuse to hold accountable a generation of the most corrupt and wicked pols and business leaders since the Harding administration, whether more Americans ought to believe in witchcraft.

*I’m “conservatives oppose judicial activism” years old.

 

Wednesday, March 19, 2014 8:35 pm

Today’s prayer of gratitude …

… courtesy of Esquire’s Charlie Pierce:

… thank you again, Anthony Kennedy, for telling us that “independent expenditures do not lead to, or create the appearance of, quid pro quo corruption,” a statement that should rank with Roger Taney’s disquistion on the rights of black folk as the leading examples of what abject meatheads Supreme Court justices can be.

This is just one example of how, in Buckley v. Valeo and Citizens United, the Supremes’ insistence that black is white and up is down keeps bumping up against inconvenient truths. Our government is thoroughly corrupted at the federal and state levels by corporate campaign contributions, a fact that might send Mr. Justice Kennedy to his fainting couch but is fact nonetheless. (And if you liked how that worked out, you’ll no doubt love how it works out at the county and municipal levels, too.)

Monday, October 25, 2010 8:01 pm

When the world is going down, you make the best of what’s still around

Filed under: I want my money back. — Lex @ 8:01 pm
Tags:

E.J. Dionne is the latest to notice that any resemblance between the U.S. and a Third World country is entirely intentional.

UPDATE: Link fixed (thanks, Roch).

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