Citizens United Case

The Emergence Of A People’s Party Movement To Fight The Tea Party Movement And The Republican Party!

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The events in Wisconsin these past three weeks, leading to the end of collective bargaining of public service workers there, plus similar action in Ohio and elsewhere yet to be seen, has awakened the middle class, and those less fortunate, to the reality that they cannot sit back and allow the national Democratic Party to plan alone for 2012, as President Obama seems unwilling at this point to challenge the opposition openly, as part of his centrist strategy for re-election.

So the average American who is disgusted with the power and influence of the super rich and the corporations must organize for the future and pressure the Democratic Party in 2011-2012, as much as the right wing Tea Party did the same with the Republican Party in 2009-2010, and is still at work on its evil intentions!

So there is already the emergence of what many might call the People’s Party, with set goals of what they wish to accomplish between now and the Presidential Election of 2012, and Robert Reich, former Secretary of Labor under President Bill Clinton, is one of those promoting such a development, and discussing it on the Talking Points Memo website two days ago. Of course, reality is that not all of the below ideas can be accomplished quickly, but they are a series of goals for the future.

What are the goals of the People’s Party?

1. Increase the pay and bargaining power of ordinary workers, by promoting collective bargaining and union rights of all workers.

2. Require the super rich to pay their fair share of taxes–which includes capital gains taxes, inheritance taxes, taking away citizenship of those sheltering income overseas, and increasing top marginal tax rates and number of top tax brackets.

3. Protect and expand government programs that advance the middle class and the poor, including Social Security, Medicare, Medicaid, Public Education, Pell Grants for college students, Public Transportation, and the Earned Income Tax Credit.

4. End corporate welfare, including wasteful defense spending, agricultural subsidies, and tax subsidies for industries and specific corporations at the state and national level.

5. Save Social Security by raising the income level that is taxed to all income that is earned, just as it is for Medicare.

6. End Wall Street dominance of the economy, requiring smaller banks, having a financial transactions tax, and preventing future bailouts.

7. Enforce regulations that benefit workers, consumers, investors, and the environment, and raise penalties on corporations that violate these regulations.

8. Provide affordable health care for all Americans through adoption of single payer Medicare for all.

9. Slow and reverse climate change through carbon emissions taxes on polluters, and returning these taxes and penalties as tax cuts for the working middle class that has been victimized by these corporations.

10. Take big money out of politics, by fighting the Citizens United Supreme Court case, requiring public financing of all campaigns at all levels, and full disclosure of all campaign contributions to all candidates for any public office at any level.

Wisconsin is a clarion call to all progressives and liberals that they cannot simply lie down and take what they are getting, but must FIGHT for change and reform, because no one is going to give it to them simply because they ask! The fight to overcome the right wing extremism that has taken hold in the House of Representatives and many state governments has just begun!

Presidential Challenges To The Power Of The Supreme Court: From Jefferson To Obama

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As the author reflected on yesterday, the 150th Anniversary of Abraham Lincoln’s inauguration as President of the United States and his taking the oath of office from Chief Justice Roger Taney, he thought of the tremendous rivalry which existed between the Taney Court and Lincoln regarding the Dred Scott Case of 1857, which asserted that a slave was property and could be taken anywhere in the nation by his or her slave owner.

And the recognition of rivalry and opposition by many Presidents to the Supreme Court during their terms of office came to mind.

Thomas Jefferson was a great rival of his cousin, Chief Justice John Marshall, and bitterly opposed the Court’s decision in Marbury V. Madison, which established the concept of judicial review. Jefferson also tried very diligently to remove Associate Justice Samuel Chase by impeachment from the Supreme Court, which ultimately failed in 1805.

Abraham Lincoln bitterly disagreed with the Dred Scott V. Sanford case of 1857, and was a constant rival of Chief Justice Taney during the years of the Civil War, as Taney and his Court made efforts to weaken Lincoln’s war powers until his death in 1864, an event applauded by many members of Lincoln’s Republican Party.

Theodore Roosevelt often spoke of the need to transform the Supreme Court, and specifically called for a constitutional amendment to limit the tenure of Supreme Court Justices while campaigning on the Progressive Party line in 1912, and was critical of Supreme Court decisions that he thought were bad for the nation.

Franklin D. Roosevelt was highly critical of Supreme Court decisions that limited the New Deal programs, and advocated a “reorganization” of the Court in 1937, which would permit the appointment of six new Justices, one for each Justice over the age of 70, a plan called an attempt to “pack the Court” by its critics who defeated it.

And now, Barack Obama has been highly critical of the Supreme Court in the Citizens United Case, which certainly both Roosevelts would have joined him in opposing the unlimited power of corporations to contribute to political campaigns, an idea which became law in the Progressive Era, and now has been upended after nearly a hundred years by the John Roberts Court!

So challenges to the power of the Supreme Court have occurred under many Presidents, and most specifically, under those in the past considered to be among our greatest Presidents–Jefferson, Lincoln, TR, and FDR. Barack Obama is joining great company indeed!

Russ Feingold And Progressives United: The Fight Against Corporate Influence In Politics

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Former Wisconsin Senator Russ Feingold, who lost his race to Ron Johnson in 2010, after Johnson spent a good part of his personal fortune and utilized corporate contributions as well to defeat Feingold, is now on a new crusade against the corporate influence that defeated him after 18 productive years in the Senate.

Feingold was considered the biggest loss for the progressive movement in America in 2010, and is well remembered for his strong principles while in office.

He has now formed a Political Action Committee, Progressives United, which is out to promote the end of corporate influence on politics, by overcoming the effects of the Citizens United Supreme Court case of January 2010, which totally corrupted the political campaigns last year, and led to the gaining of 63 seats by the Republicans in the House of Representatives.

Feingold, who had worked with John McCain on campaign finance reform, which was overturned by the Supreme Court in the Citizens United Case, has made it clear that he will not accept “soft money” or unlimited contributions for his PAC.

The goal is to overturn the Supreme Court decision eventually, and meanwhile offer support to progressive candidates, and hold the media and elected officials accountable on the goals of the PAC.

Feingold refused to accept outside spending on his campaigns, and unfortunately lost, as a result, but he made it clear that the Citizens United Case is bringing back the Gilded Age “on steroids”!

The battle for democracy in the future is centered around the struggle against the powerful corporate world, which is out to enrich itself at the expense of the citizens of this country, with the concept of greed and selfishness seemingly having no limit.

So all progressive and liberal thinkers and activists should support Senator Feingold in his quest to fight corporate influence through Progressives United!

The Koch Brothers And Supreme Court Justices Antonin Scalia And Clarence Thomas

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Charles and David Koch are billionaire brothers who are against environmental regulations and any government regulation in any area of the economy, and they have a close relationship with Associate Justices Antonin Scalia and Clarence Thomas of the Supreme Court.

Both Justices attended a conference sponsored by the Koch brothers and were paid expenses, and the Citizens United Case which allows unlimited corporate political contributions was the result in January 2010, which had a dramatic effect on the midterm elections this past November, leading to the addition of 63 new seats in the House of Representatives for the Republican Party.

Now Thomas is being asked to recuse himself from any Supreme Court review of the Health Care law passed last year, as his wife is involved with a pressure group working to undermine the law, along with the Koch brothers trying to overturn the law as well.

The Supreme Court is becoming a center of conflict of interest, and really a high level of corruption, as both Justices Scalia and Thomas are arrogant and have no sense of propriety in their behavior. When on the Supreme Court, Justices are supposed to avoid conflicts or influences that may poison or pollute the whole concept of fair justice.

Thomas and Scalia need to change their behavior, or they bring the reputation of the Supreme Court down into the gutter! 🙁

The Supreme Court Image Being Destroyed By Inappropriate Actions By Three Of Its Membership! :(

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The Supreme Court of the United States is the final arbiter of the Constitution, and its members have a responsibility to pursue appropriate behavior in statements and actions outside of their direct work on the Court.

But now we are witnessing totally unprofessional, unethical behavior and open bias on the Court by its three most conservative members: Antonin Scalia, appointed by Ronald Reagan in 1986; Clarence Thomas, appointed by George H W Bush in 1991; and Samuel Alito, appointed by George W. Bush in 2006!

All certainly have a right to their views of the Constitution, but all three have by word or deed acted inappropriately, and in so doing, have undermined the image and respect of the Court, which is so crucial for its continued stature.

Never in history have we seen Supreme Court Justices be so openly political! 🙁

Justice Scalia allowed himself to be exploited by the Tea Party Movement and Congresswoman Michele Bachmann of Minnesota, in agreeing to speak about the Constitution at an openly political meeting on Capitol Hill. This is not the role for a Supreme Court Justice, as also it is not appropriate for him to speak before conservative groups and attack liberal doctrines, as for instance claiming that women and gays are not protected by the Constitution in an interview published in a legal magazine. How can he be seen as being objective and open minded when cases on such matters come before the Court in the future? Should he come into cases with preconceived notions? 🙁 The answer is NO! 🙁

At the same time, Justice Thomas also openly speaks his mind in public events, even though he never asks questions in oral arguments. Additionally, his wife, Virginia Thomas, has been openly involved in Tea Party and conservative causes, including the group Liberty Central, which benefited from the Citizens United Case last January, allowing corporations unlimited rights, for the first time in a century, to contribute to and fund political causes.

Finally, Justice Alito openly mouthed “not true”, when President Obama criticized the Citizens United Case in his State of the Union address a year ago, and has spoken before conservative fundraisers, as has both Scalia and Thomas.

The dignity and prestige of the Court are at stake, as the Court becomes politicized, not part of the purpose of the Founding Fathers, when they decided we needed a Supreme Court in Article 3 of the Constitution, and in the passage of the Judiciary Act of 1789.

The Evolving Supreme Court: The Dynamics Of Nine Human Beings Working Together!

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The Supreme Court has undergone a lot of change in the past five years, with four appointments to the Court.

George W. Bush appointed John Roberts as Chief Justice and Samuel Alito as an Associate Justice, while Barack Obama chose Sonia Sotomayor and Elena Kagan as Associate Justices.

Roberts has certainly made his impact as Chief Justice, and has become controversial because of his activism, which contradicts his testimony that he believed in “stare decisis”, the role of precedent in deciding whether to accept past Court decisions. Instead, Roberts has become a confrontational Chief Justice, including criticizing President Obama for attacking the revolutionary Citizens United Case of January, 2010.

Alito seemed to be quieter, but this year, he openly objected to Obama’s criticism of the Citizens United Case, and is now regarded as an outspoken conservative firebrand in the same vein as Roberts, meaning that the four conservatives on the Court are very aggressive in their advocacy. No one would ever accuse Antonin Scalia or Clarence Thomas as being “wallflowers” in their activist views, even though Scalia claims to be an advocate of “originalism”, interpreting the Constitution based on the actions of the Constitutional Convention of 1787.

But the liberal side of the Court has also been much more outspoken. Associate Justice Ruth Bader Ginsberg, now the oldest member of the Court, is certainly willing to express her views, and Justice Stephen Breyer is seen as the intellectual leader of the liberal wing of the Court.

But even the newest Justices are making clear their liberal tendencies. Justice Sotomayor is seen by the New York Times as “guiding” the liberal wing. Sotomayor spoke up for prisoner rights, with a challenge by Justice Alito.

And Justice Elena Kagan has joined Sotomayor in what is described as a subtle shift of the Court, with Sotomayor more passionate and Kagan as a “bridge builder”, but yet seen as strengthening the liberal wing. Kagan is seen as having the ability to draw Anthony Kennedy, the truly independent member of the Court, to consider her side of the issue, much like John Paul Stevens used to be able to do that in his latter years on the Court.

What this all means is that the Supreme Court is in constant readjustment of nine human beings, with evolution of the dynamics fascinating to watch and to evaluate on a regular basis! 🙂

Senator Arlen Specter’s Farewell Speech: Condemnation Of Chief Justice John Roberts And Associate Justice Samuel Alito On Judicial Activism, And Of Right Wing Republicans! :(

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Senator Arlen Specter of Pennsylvania is retiring after a distinguished 30 year career, plus having served in local government, and on the staff of the Warren Commission investigating the assassination of President John F. Kennedy almost a half century ago.

Specter, often seen as a difficult man to work with, and possessing a large ego, lost his Senate nomination race to Joe Sestak after switching back to the Democratic Party that he had long ago been a member of, until he converted for a long time to the Republican Party.

Specter was head of the Senate Judiciary Committee during the hearings for the nominations of Chief Justice John Roberts and Associate Justice Samuel Alito, and today he denounced both Justices for violating their testimony during the hearings, which indicated they believed in precedent (stare decisis), but then proceeding to use judicial activism and violating the separation of powers doctrine, particularly in the Citizens United Case in January of this year, allowing unlimited spending by corporations after nearly a century of strict regulation by Congress of such actions.

So Specter joined the criticism of President Obama, enunciated by the President in his State of the Union Address, which annoyed both Roberts and Alito, with Roberts making a clearcut statement of dissent, amid hints that neither Justice might attend future State of the Union Addresses, which if actually done, would be highly inappropriate.

Specter also condemned right wing Republicans such as Jim DeMint of South Carolina, who worked against moderate Republicans in a number of states, causing the loss of seats for the party.

One thing about Specter–he does not worry what others think of him, and his leaving Congress will make it a less interesting and principled place for sure!

The Roberts Supreme Court: Back To The Gilded Age And The 1920s! :(

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New evidence is now available indicating that the Supreme Court headed by John Roberts, the 17th Chief Justice, since 2005, has become the most pro business Supreme Court since the 1920s and the earlier Gilded Age, both periods in which corporations were given license to run amuck over small business, labor, and consumers in their mad dash for maximum profits and exploitation! 🙁

The Citizens United case in January, allowing unlimited corporate contributions in political campaigns, upending a century of regulatory laws on that subject, is just the most obvious case.

But with a five member majority, with two appointments by Ronald Reagan, one by father George H W Bush and two by son George W. Bush, the Supreme Court now has demonstrated that 61 percent of the time, they favor big business, as compared to 46 percent in the last five years under Chief Justice William Rehnquist, and 42 percent in all the years since Earl Warren became Chief Justice in 1953.

The Chamber of Commerce and other business groups have been able to get a sympathetic ear from the Supreme Court in greater percentages as the years go by, and this is another troubling piece of evidence, shown by many legal scholarly analyses, that the concept of “an equal day in court” for everyone is really a myth! 🙁

What is emerging is the disturbing reality of a growing oligarchy which wins the day in the courts and in the Congress so often that the idea of a “land of opportunity” and the “American dream” is more than ever, for almost everyone, except a small elite, a total distortion of reality! 🙁

Senator Bernie Sanders Of Vermont: A Truly Principled Progressive In The Vein Of Ted Kennedy, Paul Wellstone, And Russ Feingold! :)

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Senator Bernie Sanders of Vermont is still in process on his personal filibuster of the Obama-GOP tax deal, which has caused a major split in the Democratic Party in Congress.

Sanders is an Independent Socialist who allies with the Democratic Party in the Senate. He was a member of the House of Representatives from 1991-2007, and was elected to the Senate in 2006. He has the distinction of being the longest serving Independent member of Congress in American history.

While some would say, “but he is a Socialist!”, the answer is “So what!” There is nothing wrong with Sanders’s brand of Socialism, as it is in the tradition of great progressives of the past, including Robert La Follette, Sr, Robert La Follette, Jr., George Norris, Hubert Humphrey, George McGovern, Ted Kennedy, Paul Wellstone, Russ Feingold and many others.

He is the champion of the working man and woman, of the middle class, of the poor, of the sick, of the elderly, of the young, of ethnic minorities, of ALL average Americans who will NEVER achieve the so called “American dream” of becoming wealthy. All they want is a fair shake from their government, instead of a government that favors the wealthy and upper class and corporations that promote monopoly, greed and selfishness.

Sanders is to be applauded for his principled stand, his high moral and ethical beliefs, and his willingness to remind us of how desperate conditions are for millions of Americans, who cannot afford gasoline, food, rent, medical costs, clothing etc on their struggling low income jobs if they are fortunate enough to have one, and the millions of Americans who have no work, are losing their homes, and whose children are facing the scarring nature of economic deprivation. 🙁

Sanders’ filibuster speech, lasting seven hours at this point with no set end in sight, is a speech for the ages, a speech which should be honored historically as much as the speech of Martin Luther King, Jr. in 1963, along with the great principled speeches of the people mentioned above, and others not named.

If only we had one hundred Bernie Sanders in the Senate, or a combination of Sanders and the various progressive leaders mentioned above, who are part of our history, we would be a far better nation.

Instead, through the ignorance and fear of many poor and middle class citizens, plus manipulation by special corporate
interests in the recent campaign, and assisted by the Supreme Court Citizens United decision in January, the country is now faced with the reality of a Republican Party which is going to make the plight of the American people MUCH MORE NIGHTMARISH over the next two years! 🙁

They have Barack Obama and the Democratic Party in a tough position for the moment, necessitating, unfortunately, the striking of a deal just to accomplish short range goals.

But starting next year, Barack Obama and his party MUST fight the good fight that Bernie Sanders represents, and work to convince the American people that the Democrats are indeed the party of the people who have their best interests at heart, and deserve control of both houses of Congress and the White House in the 2012 elections!

Senator John McCain’s Parting Tribute To Senator Russ Feingold!

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Senator John McCain showed his better side today in the Senate chamber when he rose to praise in an effusive way his colleague, Democratic Senator Russ Feingold of Wisconsin, who was defeated in November by a Republican and Tea Party favorite Ron Johnson!

Without a doubt, the defeat of Senator Feingold was the worst loss for progressives of anyone in either house of Congress! McCain paid tribute to his partner in the McCain Feingold legislation, which unfortunately, has now been destroyed by the Supreme Court in its Citizens United Case! 🙁

But McCain also paid tribute to the principles and convictions of Senator Feingold, calling him courageous and dedicated, inspiring, a great role model and irreplaceable!

The country is the loser in the forced retirement of Senator Russ Feingold, and hopefully, somehow, we will see Russ Feingold in some other capacity in the future, as his wisdom and brilliance is sorely needed in the American future!