Thursday, August 11, 2011

Through "constituent instructions," the American voters can fight the Citizens United decision by amending the constitution

Common Cause: CommonBlog
Voters can fix the court's Citizens United mistake


  • Instead of adhering to the letter of our Constitution, five members of the current Supreme Court have edited our founding document to give corporations constitutional protections, including freedom of speech. And because they equate money with speech, that allows corporations to spend whatever they want on political advertising, the justices say. Most Americans disagree with this decision. Yet, does the Supreme Court get the final say?
    • Our challenge is similar to that of citizens a century ago who pushed for direct election of U.S. senators. They needed two-thirds of U.S. senators to change the way they came into power from legislative appointment to direct election. Moreover, they then needed to convince three-quarters of state legislatures to give up their power to appoint U.S. Senators.
      • One technique that worked then was called Voter Instructions. Voters passed ballot measures instructing state legislators to appoint to the Senate the candidate who had won in a non-binding popular election in that state. Legislators followed these instructions, and the Senators who were thus appointed had nothing to fear from direct election. Those senators became supporters of what ultimately became the 17th Amendment.
        • While constituent instructions have never been considered legally binding, they have historically carried great force.

        A mistake of today's conservative, or right wing, movement is the advancing, systematic suppression of American voters who historically have voted for democratic candidates.  We, the people, however, can fight to restore and improve our electoral system; we must be able to select and hold accountable our own representatives.  

        To read the entire message, with historical analysis, please go to the CommonBlog post.

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