The July/August issue of the non-partisan quarterly, The American Interest, is now available. It has three articles on Citizens United, and through these links you’ll be able to read them without a subscription (but do consider subscribing!). Here are the articles:
Mark Schmitt, How We Got Here
Richard L. Hasen, What The Court Did–and Why
Michael Malbin, Expand Democracy
My contribution to this series begins:
- Since 1976, when the Supreme Court decided the seminal case of Buckley v. Valeo, the Justices have been locked in what both sides see as a Manichean struggle over the constitutionality of campaign finance regulation. On one side are those Justices who view the world of politics as fraught with corruption and undue access for the wealthy; they worry that voter confidence gets shaken by each new campaign finance scandal. On the other side are those Justices who see any limitation on money in politics as overt government censorship that violates the First Amendment; they fear that incumbents will squelch criticism in a replay of the Alien and Sedition Acts. Justices fight this rarified battle with jurisprudential jargon that parses levels of scrutiny, compelling interests and the appropriate tailoring of the law, but it is this fundamental difference in worldviews that really drives the Court’s debates. And as Court personnel shifts–or, less often, Justices change their minds–the Court’s doctrine swings like a pendulum, alternating between deference and skepticism toward the regulation of campaign finance.