Saturday, January 23, 2010

How Important Is The Citizens United Case

I’ve been thinking about the S Ct decision in the Citizens United case. I am a big fan of the 1st Amendment and also bit of a Hugo Blackian (i.e. when the drafters said "Congress shall make no law" they meant “no law”), so I tend to be gratified on that score. But like everything else (including the 2d Amendment, btw) nothing in the Constitution is or can be absolute. So, is the harm that will flow from allowing corporations and unions to make campaign contributions serious enough to warrant the restriction?For these purposes, let’s ignore the threshold question of whether corporations or unions should have any 1st amendment rights at all. I assume they do and should but agree that this is a debatable issue. What interests me right now are two more practical questions. First, how much difference will direct corporate and associational contributions make in our electoral processes? Second, if there will be a difference will it be baleful or beneficent. My sense is that allowing corporate and union contributions will make very little difference in the end. Money in politics has already passed the point of diminishing returns. There is already so much relentless advertising from so many different outlets that by the time an election actually happens, the electorate is enervated. As I wrote elsewhere, supposing that more campaign money will make a difference to the electoral process is like supposing that another few inches of rain would have made a difference to Noah. For the same reason, I question whether the ruling will actually have much impact on the amount of money invested in politics. The people who would be making these contributions got to be where they are by being good at deciding how to invest money to produce a return. I see no reason to believe they would be more profligate in their political cost-benefit analyses than they are in their business analyses. They too are going to recognize that the incremental utility of additional campaign contributions or advertisements is already near zero. The one difference I do think the decision might make is to improve the transparency of the contributions. Money always finds a way, and if we think McCain-Feingold or other campaign finance laws have kept corporations and unions out of the election business, I think we are kidding ourselves. Allowing contributions to be made directly might reduce the allure of such subterfuges and PACs, “issue ads,” “soft money,” and outright graft, and that in my mind is all to the good. So on balance, my prediction is that this will prove to be a moderately important 1st Amendment case but a tempest in a teapot when it comes to money in politics.

1 comment:

The other Bill said...

Interesting take, Bill. On first blush, you have me agreeing with you. The transparency piece is intriguing... I don't know that most Americans, if not most voters (terms which should never but are frequently confused), understood the dominating role of money in elections until the case broke this week. If the evening news pays attention for an election cycle or two, the increased transparency (which is analogous to coverage in our world) could clarify the situation.

When I was in Iraq and the '08 campaigns were reaching their adolescence (spring '07), one of my friends said, "it's too bad you can't go to a website and see how much money each candidate got from where, because that will tell you how they're going to vote more than anything they say." I agreed, suggested that you can find such a website, and added that if most voters took the two minutes to check such websites, the significance of money would be greatly diminished.

I'm always torn between the idealism of our system and the pragmatic means of getting a damn thing done within it. Intellectual conversations are stimulating and valuable, but most voters still base their decisions on commercials, the evening news, or what their boyfriend's family believes. Until that changes, we'll oscillate between hating one party then hating the other; never actually voting for someone we like. (Segue to your Obama post)