Lawrence Lessig, a prominent legal scholar and advocate for campaign finance reform, delves into the historical battle against SuperPACs. He discusses the decline of billionaire support for political reform and the implications of the Citizens United decision. Lessig critiques originalism as a tool to redefine corruption beyond quid pro quo, advocating for a comprehensive understanding rooted in the Constitution's vision. He emphasizes the need for citizen mobilization to challenge the current political landscape and push for meaningful change.
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Quick takeaways
Efforts to amend the Constitution to limit the influence of SuperPACs face significant challenges in the current political landscape.
The originalist perspective argues that the framers understood corruption more broadly, supporting limits on SuperPAC contributions as constitutional.
Deep dives
The Fight Against Money in Politics
Efforts to address the influence of money in politics gained traction after the Citizens United decision. Various organizations emerged, such as American Promise and Free Speech for People, aiming to push for constitutional amendments that would limit financial contributions in political campaigns. Many of these groups emphasize grassroots mobilization to encourage representation in political discussions, focusing on amending the Constitution to counter the impact of super PACs and the flood of money in politics. However, a fundamental challenge has surfaced; constitutional amendments seem increasingly difficult to achieve in the current political climate.
Challenges with Proposed Amendments
Most organizations advocating for reforms have gravitated towards a congressional amendment approach rather than pursuing an Article V convention, leading to criticism regarding their strategic choices. The requirement for a two-thirds majority in both houses of Congress to propose an amendment appears daunting, especially since no Republican senator has shown willingness to support overturning Citizens United. Efforts to elect a reform-minded Congress have been underway, supported by groups like Citizens United, which gathers funding to elect candidates committed to fundamental reforms. This daunting task signals that significant changes in the political landscape may not occur in the near future.
Shifts in Billionaire Support
A notable change has been observed regarding the attitudes of billionaires who once expressed anger over the super PAC system and were actively willing to fund reform efforts. When the super PAC 'May Day' was launched to raise a billion dollars towards reform, many wealthy donors were eager participants. In contrast, over the past decade, fewer billionaires have been willing to support similar initiatives, possibly due to a belief that the current financial and political system benefits them. Some of those who remain engaged with the system leverage their wealth to influence outcomes in line with their ideals, further complicating the quest to limit financial influence in politics.
The Originalist Gambit and New Legal Strategies
A new strategy has emerged in the effort to challenge the constitutionality of super PACs, focusing on the originalist perspective of the Constitution. This approach asserts that the framers had a broader understanding of corruption, encompassing institutional corruption, which is not limited to quid pro quo scenarios. Legal arguments have been developed through initiatives like those in Alaska and Massachusetts to assert that limiting contributions to super PACs aligns with the Constitution's original intent. Although early attempts to navigate the legal landscape have faced setbacks, advocates are poised to refine their strategies and continue to pursue avenues for reform.
On this episode, Lessig provides a brief history of the fight to end SuperPACs. Then, critically, he examines how the theory of the conservatives — originalism — supports our argument against SuperPACs.
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