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Tuesday, May 25, 2010

Citizens United v Federal Election Commission

As you all know, this is the decision that allows corporations to spend money to support candidates for President or Congress, invalidating legislative campaign restrictions. It held that limits on corporate spending violate the free speech provisions of the First Amendment. Many, including President Obama, are rightfully concerned about the power of corporate wealth to influence election outcomes.

Of course, the need for campaign contributions and other funding support is a subversive element of our political process. Short of complete public funding, offering good remedies for this situation is beyond the scope of this blog and my brain.

But let me point out certain absurdities flowing from this decision that in effect confers personhood to corporations, which are artificial entities created by statute. Will corporations now have the unlimited right bear arms under the Second Amendment? That would really provide for militias.

And, to be fair, should not real people have the right to declare a "headquarters" in the Cayman Islands or Switzerland and thus avoid taxes?

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