Notes

1. Associated Press, “FEC Chair All but Giving Up Hope to Rein in Money Abuses,” New York Times, May 2, 2015, http://www.nytimes.com/aponline/2015/05/02/us/politics/ap-us-fec-chair.html?_r=0.

2. Thomas Jefferson letter to William Charles Jarvis, September 28, 1820.

3. Thomas Jefferson letter to Samuel Kercheval, July 12, 1816.

4. See the Alliance for Justice report, “The Roberts Court and Judicial Overreach,” for details, http://www.afj.org/wp-content/uploads/2013/09/the-roberts-court-and-judicial-overreach.pdf.

5. The Center for Responsive Politics found that from 2000–2010, the candidate for the House of Representatives who spent the most money won 93 percent of the races. See http://www.opensecrets.org/news/2012/01/big-spender-always-wins/.

6. See http://www.acrreform.org/research/money-in-politics-who-gives/ in reference to the 2008 election. This data is difficult to quantify because federal contributions of under $200 are not reported—only the aggregate total of money raised from these donors is known. See also “A Brief History of Money In Politics,” Center for Responsive Politics, 1995, noting 8 percent of adults contributed to candidates in 1968, but that had fallen to 4 percent in 1992.

7. “Donor Demographics,” Center for Responsive Politics, https://www.opensecrets.org/overview/donordemographics.php.

8. “Billion-Dollar Democracy,” Demos and US PIRG, January 17, 2013, http://www.uspirg.org/reports/usp/billion-dollar-democracy.

9. David Callahan and J. Mijan Cha, “Stacked Deck,” Demos, February 2013, http://www.demos.org/stacked-deck-how-dominance-politics-affluent-business-undermines-economic-mobility-america.

10. The term “wealth primary” was coined by Jamin Raskin and John Bonifaz in the 1992 Yale Law and Policy Review article, “Equal Protection and the Wealth Primary.”

11. According to reports filed with the California Secretary of State, Tim Donnelly raised $73,985 from donors giving under the $100 reporting threshold. Neel Kashkari raised only $7,904 from small donors during his entire primary campaign.

12. Field Poll, Release #2463, March 18–April 5, 2014, http://field.com/fieldpollonline/subscribers/Rls2463.pdf.

13. Donnelly was polling at 15 percent and Kashkari at 10 percent in a survey by the Public Policy Institute of California from May 8–15, 2014, http://www.ppic.org/main/pressrelease.asp?i=1531.

14. See https://www.gutenberg.org/wiki/Gutenberg:About.

15. The Richmond City Council meeting on February 7, 2012, adjourned at 11:41 p.m. according to the council’s rules and procedures after a motion to extend the meeting by forty-five minutes had been approved. Nonetheless, there wasn’t sufficient time for the council to discuss a ballot measure calling upon Congress to support a constitutional amendment to overturn the Citizens United case. See http://www.ci.richmond.ca.us/ArchiveCenter/ViewFile/Item/4305.

16. See http://www.redcross.org/what-we-do/disaster-relief/hurricane-recovery-program.

17. See http://www.washingtontimes.com/news/2004/oct/21/20041021-113328-4826r/?page=all.

18. See http://presidentialrecordings.rotunda.upress.virginia.edu/essays?series=. Most accounts claim that the president made this statement to Bill Moyers following the signing of the Civil Rights Act. See Bill Moyers, “Second Thoughts: Reflections on the Great Society,” New Perspectives Quarterly 4 (Winter 1987); Jan Jarboe, “Lady Bird Looks Back: In Her Own Words, A Texas Icon Reflects on the Lessons of a Lifetime,” Texas Monthly (December 1994), p. 117; and “Achilles in the White House: A Discussion with Harry McPherson and Jack Valenti,” Wilson Quarterly 24 (Spring 2000), p. 92.

19. Indeed, incrementalism in England not only improved the lives of slaves but eventually and gradually did result in the end of slavery in England. See http://abolition.e2bn.org/people_24.html.

20. Karen Graham, “Judge Tells BP Lawyers: This Is Not a College Term Paper,” Digital Journal, September 17, 2014, http://www.digitaljournal.com/news/environment/judge-tells-bp-lawyers-this-is-not-a-college-term-paper/article/403788.

21. See, for instance, Village of Schaumburg v. Citizens for a Better Environment, US Supreme Court, 1980.

22. See http://drivinglaws.aaa.com/laws/motorcycle-noise-limits/ for a list of laws regulating motorcycle noise.

23. The US Supreme Court upheld a ban on “loud and raucous noises,” even as applied to political sound trucks, in the 1949 case Kovacs v. Cooper.

24. Associated Press, “3 Arrested at Protest against NC Gay-Rights Group,” Charlotte Observer, November 24, 2014, http://www.charlotteobserver.com/2014/11/23/5337184/3-arrested-at-protest-against.html?sp=/99/115/141/#.VKHnDV4AAA.

25. See Jonathan Lloyd and Jason Kandel, “More than 100 Ferguson Protestors Arrested on Third Night of Demonstrations,” NBC, November 27, 2014, as an example of arrests in Los Angeles: http://www.nbclosangeles.com/news/local/Los-Angeles-Ferguson-Grand-Jury-Protest-Michael-Brown-LAPD-283991451.html.

26. Christina Bellantoni, Talking Points Memo, December 5, 2009, http://talkingpointsmemo.com/dc/strange-scene-10-arrested-as-tea-partiers-heckle-police.

27. Christine May-Duc, Los Angeles Times, October 3, 2004, http://www.latimes.com/nation/nationnow/la-na-nn-guantanamo-videotapes-20141003-story.html.

28. Assange is quoted in Time, December 1, 2010, http://content.time.com/time/specials/packages/article/0,28804,2034088_2034097_2033887,00.html.

29. Civil libertarian Glenn Greenwald, for instance, has defended the Supreme Court’s ruling in Citizens United v. FEC by conflating limits on campaign advertising with prohibiting organized groups of people from “expressing political views.” Is a limit on duration of speech, location of speech, or the amount of money spent advertising that speech really equivalent to a prohibition of that viewpoint? See Greenwald’s opinion in Salon, January 2, 2010, http://www.salon.com/2010/01/22/citizens_united/.

30. Senator Paul Simon quoted on 60 Minutes, CBS, December 17, 1995.

31. Senator Bill Bradley in a speech at the John F. Kennedy School of Government, January 16, 1996.

32. Richard S. Wurman, Information Anxiety (New York: Doubleday, 1987), p. 32.

33. Americans consume twelve hours of information a day, outside work. This double-counts multitasking (watching TV while reading the newspaper and checking social media), but the researchers estimate three-quarters of our waking time at home is spent consuming information. See http://ijoc.org/index.php/ijoc/article/viewFile/1566/743.

34. This limit is known as Miller’s law. See http://www.human-memory.net/types_short.html.

35. Simon P. Anderson and André de Palma, “Competition for Attention in the Information (Overload) Age,” https://www.business.unsw.edu.au/About-Site/Schools-Site/Economics-Site/Documents/S.%20 Anderson%20-%20Competition%20for%20Attention%20in%20the%20 Information%20(Overload)%20Age.pdf.

36. Herbert A. Simon, as quoted by Sam Anderson, “In Defense of Distraction,” New York, May 17, 2009, http://nymag.com/news/features/56793/.

37. See http://www.cjr.org/overload/interview_with_clay_shirky_par.php?page=all.

38. See Senator Pat Roberts comments in Congressional Record, March 12, 1997, p. S2178: “This resolution—not the intent, but this resolution—in terms of practical effect is tyranny. Adopt it and wonder whether Common Sense could exist in our time in terms of public distribution and dissemination and understanding. This resolution is tyranny of the worst kind: government tyranny. Adopt it and wonder whether The Federalist Papers, written by James Madison and John Jay to influence voters in New York to adopt a new Constitution could, in fact, exist in our time.”

39. The first editions of Common Sense sold for either one or two shillings. See Megan Mulder’s article “Common Sense by Thomas Paine” in the Z. Smith Reynolds Library of Wake Forest University, http://zsr.wfu.edu/special/blog/common-sense-by-thomas-paine-1776/, for details on the early printing contracts.

40. Non-subscribers to the newspapers that originally published The Federalist were able to purchase a bound edition of them for eight shillings according to Matthew Garrett, Episodic Poetics: Politics and Literary Form After the Constitution (New York: Oxford University Press, 2014), p. 167, n. 24.

41. Dan Sisson, The American Revolution of 1800, 40th anniversary ed. (San Francisco: Berrett-Koehler, 2014), p. 50.

42. Henry Augustine Washington, The Writings of Thomas Jefferson (Washington, DC: Taylor and Maury, 1853), p. 362.

43. Paul Leicester Ford, The True George Washington (Philadelphia: J. B. Lippincott Co., 1896), p. 297, and Center for Responsive Politics, “A Brief History of Money in Politics,” 1995.

44. Zephyr Teachout, Corruption in America (Cambridge: Harvard University Press, 2014), p. 109.

45. Justice Stevens’ concurrence to Nixon v. Shrink Missouri Government PAC, January 24, 2000, http://www.law.cornell.edu/supct/html/98-963.ZC.html.

46. Transcript of oral arguments before the Supreme Court of the United States, March 24, 2009, p. 27, http://www.supremecourt.gov/oral_arguments/argument_transcripts/08-205.pdf. “Express advocacy” is a term used in the Bipartisan Campaign Reform Act to define speech that is considered electioneering.

47. ACLU letter opposing a constitutional amendment to overturn Buckley v. Valeo, as printed in Congressional Record, March 18, 1997, p. S2392.

48. Congressional Record, September 9, 2014, p. S5424, https://www.congress.gov/crec/2014/09/09/CREC-2014-09-09-senate.pdf.

49. Jonathan Soros, “Big Money Can’t Buy Elections: Influence is Something Else,” Reuters, February 10, 2015, http://blogs.reuters.com/great-debate/2015/02/09/soros-there-is-no-idyllic-pre-citizens-united-era-to-return-to/.

50. Paul Abowd, “Obscure Nonprofit Threatens Campaign Finance Limits beyond Montana,” Center for Public Integrity, October 22, 2012, http://www.publicintegrity.org/2012/10/22/11577/obscure-nonprofit-threatens-campaign-finance-limits-beyond-montana.

51. Mega-donor Sheldon Adelson, for example, has circumvented Israeli campaign finance laws by purchasing and subsidizing free newspapers that were in effect campaign advertisements. See Thomas Friedman, “Is It Sheldon Adelson’s World?” New York Times, March 11, 2015, http://www.nytimes.com/2015/03/11/opinion/thomas-l-friedman-is-it-sheldons-world.html?ref=topics

52. Congressional Record, March 12, 1997, p. S2174.

53. Citizens United v. Gessler, US Court of Appeals, Tenth Circuit, November 12, 2014, https://www.ca10.uscourts.gov/opinions/14/14-1387.pdf.

54. Quoted in Milton Gwirtzman’s “The Supreme Problem,” Washington Post, January 12, 1997.

55. For more on this topic, see Jeff Clements, Corporations Are Not People (San Francisco: Berrett-Koehler, 2014).

56. See http://www.scientificamerican.com/article/do-people-only-use-10-percent-of-their-brains/.

57. See https://www.opensecrets.org/bigpicture/donordemographics.php?cycle=2012. In the 2000 election cycle, 0.45 percent made a contribution to a candidate, party, or political committee of $200 or more. See “The Best Elections Money Can Buy,” US PIRG, November 2000.

58. Chuck Todd explained in the lead-in: “You have to find out if you have a sugar daddy or sugar mommy that can write you a check for a billion dollars or knows people that can accumulate a billion dollars … I think this whole process, it’s the money. It’s media, social media, opposition research, the destructive nature of American discourse … You have an accumulating effect that drives good people from running for office.” For the full quote on the collective intelligence of Congress, see http://www.huffingtonpost.com/2014/11/20/chuck-todd-congress-iq-dropping-larry-king-video_n_6193556.html?utm_hp_ref=tw.

59. Center for Responsive Politics, “Donor Demographics,” https://www.opensecrets.org/overview/donordemographics.php.

60. Quoting Harri Oinas-Kukkonen, professor of information systems at the University of Oulu, Finland, in Knowledge Management: Theoretical Foundation (Informing Science Press, 2008), p. 181.

61. Ibid., p. 185.

62. Ibid.

63. Congressional Record, March 2, 1997.

64. See, for example, this 2001 ACLU statement opposing limits on contributions to political parties, saying the organization supports “expanding, not limiting” political speech: https://www.aclu.org/free-speech/aclu-statement-campaign-finance-reform. See also the ACLU’s post-Citizens United statement wanting to “expand, not limit, the resources available to political advocacy” (https://www.aclu.org/free-speech/aclu-and-citizens-united) or ACLU testimony before the Senate Rules Committee on February 1, 1996, saying “the ACLU has long suggested that the way to solve the problems of campaign finance is to expand political participation for all legally qualified candidates, without conditions or limitations, not to restrict contributions and expenditures.” Several former leaders of the ACLU disagree with the organization’s position. For instance, see http://www.nationallawjournal.com/legaltimes/id=1202669239195/Former-ACLU-Leaders-Quarrel-With-Current-Leadership-Over-Campaign-Finance?slreturn=20150009173020.

65. Shane Goldmacher, “Websites Are Already Selling Out of Ad Inventory for 2016,” National Journal, May 13, 2016, http://www.nationaljournal.com/2016-elections/websites-are-already-selling-out-of-ad-inventory-for-2016-20150512.

66. Fatimah Waseem, “Fewer US Adults Are Smoking,” USA Today, June 18, 2013, http://www.usatoday.com/story/news/nation/2013/06/18/smoking-rate-for-adults-declines-cdc-report-shows/2434525/.

67. Martha Gardner and Alan Brandt, “The Doctor’s Choice Is America’s Choice,” American Journal of Public Health, February 2006, p. 222, http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1470496/.

68. K. M. Cummings, C. P. Morley, and A. Hyland, “Failed Promises of the Cigarette Industry and Its Effect on Consumer Misperceptions about the Health Risks of Smoking,” Tobacco Control Journal, 2002, vol. 11, p. 110, http://tobaccocontrol.bmj.com/content/11/suppl_1/i110.full.

69. Centers for Disease Control and Prevention, “Morbidity and Mortality Weekly Report,” August 3, 2012, pp. 565–569, http://www.cdc.gov/mmwr/preview/mmwrhtml/mm6130a1.htm.

70. “Smoking Them Out,” US PIRG, 1996.

71. Ibid.

72. Letter from Senators Orrin Hatch, Mitch McConnell, and Malcolm Wallop to DHHS, as reproduced in the National Cancer Institute’s Smoking and Tobacco Control Monograph 16, chapter 8, “Tobacco Industry Challenge to ASSIST,” by Jenny White and Lisa Bero: http://cancercontrol.cancer.gov/brp/tcrb/monographs/16/m16_8.pdf.

73. Fred Monardi and Stan Glanz, “Are Tobacco Industry Campaign Contributions Influencing State Legislative Behavior?” American Journal of Public Health, June 1998, vol. 88, no. 6, p. 918, http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1508208/pdf/amjph00018-0060.pdf.

74. Devan Schwartz, “Most Northwest Residents Say They Want Labeling of Genetically Modified Food,” Oregon Public Broadcasting, July 7, 2014, http://earthfix.opb.org/communities/article/most-northwest-residents-say-they-want-labeling-fo/.

75. Lee Drutman, “The Political One Percent of the One Percent,” Sunlight Foundation, December 13, 2012, http://sunlightfoundation.com/blog/2011/12/13/the-political-one-percent-of-the-one-percent/.

76. Ibid.

77. Ken Vogel, “Big Money Breaks Out,” Politico, December 29, 2014, http://www.politico.com/story/2014/12/top-political-donors-113833.html.

78. Adam Lioz and Dana Mason, “Look Who’s Not Coming to Washington,” US Public Interest Research Group, 2005, http://www.policyarchive.org/handle/10207/6405.

79. Rachel Moskowitz, Fay Lomax Cook, and Benjamin Page, “Wealthy Americans, Philanthropy, and the Common Good,” Russell Sage Foundation, September 25, 2011. http://www.scribd.com/doc/75022549/Wealthy-Americans-Philanthropy-and-the-Common-Good

80. Adam Lioz, counsel at Demos, testimony before the US Senate, June 24, 2012, http://www.demos.org/publication/senate-testimony-adam-lioz-counsel-demos-taking-back-our-democracy-responding-citizens-u#_ftn7.

81. Robert McFadden, “Charles Keating, 90, Key Figure in ’80s Savings and Loan Crisis, Dies,” New York Times, April 2, 2014, http://www.nytimes.com/2014/04/02/business/charles-keating-key-figure-in-the-1980s-savings-and-loan-crisis-dies-at-90.html?_r=0.

82. Matt Schundel, “Charles H. Keating Jr., Central Figure in Savings-and-Loan Scandal, Dies at 90,” Washington Post, April 2, 2014, http://www.washingtonpost.com/national/charles-h-keating-jr-central-figure-in-savings-and-loan-scandal-dies-at-90/2014/04/02/a53cf6f6-ba81-11e3-9c3c-311301e2167d_story.html.

83. Ibid.

84. This according to a 1994 Yankelovic poll as cited in “10 Myths About Money in Politics,” Center for Responsive Politics.

85. Martin Gilens, Affluence and Influence (Princeton, NJ: Princeton University Press, 2012), p. 4.

86. Lawrence R. Jacobs and Robert Y. Shapiro, “Politicians Don’t Pander,” Washington Post, March 19, 2000.

87. See http://www.merriam-webster.com/dictionary/corruption.

88. You may notice that the Supreme Court, and lawyers in general, strive to present the appearance of being smarter than ordinary citizens—whom they expect to submit to their superior intellects. So, they use inscrutable phrases like “quid pro quo” when they could use terms that most people would understand, such as “tit for tat” or “bribery.” This is a common trick of the weakest branch of our government, which has no real authority to make citizens obey it, so it relies on puffery and stature.

89. Adam Lioz, “Breaking the Vicious Cycle,” Seton Hall Law Review, vol. 43, no. 4 (2013), p. 1269.

90. “Coming to Terms,” Center for Responsive Politics, 1995.

91. Bill Moyers, Moyers on Democracy (New York: Anchor Books, 2009), p. 187.

92. In fact, Anthony Kennedy, Antonin Scalia, and Clarence Thomas have all written that courts should void limits on direct contributions to candidates, so they do not believe that even direct contributions are corrupting.

93. Gerald Fraser, “Last Senate Race Debate Marked by Harsh Charges,” New York Times, November 2, 1970. Buckley and his two opponents “all agreed campaign spending should be limited.”

94. Roger Sherman, “A Brief Review of the Legislation Against Corrupt Practices at Elections,” Hamilton Club of Chicago, 1898, p. 74.

95. Marc Yacker, “Major Events in the History of Federal Campaign Reform in the United States,” Congressional Research Service, Library of Congress, March 7, 1974, p. 1.

96. It is noteworthy that even in dissenting to the 1941 United States v. Classic opinion, Justice William O. Douglas was concerned about money influencing election outcomes, not influencing legislators themselves. He wrote that “the Constitution should be read as to give Congress an expansive implied power to place beyond the pale acts which, in their direct or indirect effect, impair the integrity of Congressional elections. For when corruption enters, the election is no longer free, the choice of the people is affected.” See Teachout, Corruption in America, p. 192.

97. See bonus chapter 9 of this book for more details: www.WhenMoneyTalks.com.

98. Buckley v. Valeo, US Court of Appeals, District of Columbia Circuit, August 15, 1975, http://openjurist.org/519/f2d/821.

99. Ibid.

100. Ibid.

101. See http://billmoyers.com/content/the-powell-memo-a-call-to-arms-for-corporations/ for details on the Powell memo.

102. David Firestone, “Adhering to a Justices Spirit, Not Footsteps,” New York Times, May 12, 1998, quotes Joshua Rosenkranz, a clerk of Brennan’s, saying that Justice Brennan agreed to lend his name to the Brennan Center for Justice on the condition that the center “never pledge allegiance to any particular opinion of his, but rather that we be moved by the spirit of the Brennan legacy.”

103. Buckley v. Valeo, US Supreme Court, 1976.

104. Skelly Wright, “Politics and the Constitution: Is Money Speech?” Yale Law Journal, vol. 85, no. 8, 1976.

105. Joshua Rosenkranz, Buckley Stops Here (New York: Century Foundation Press, 1998), p. 27.

106. Buckley v. Valeo, 1976.

107. US Supreme Court, First National Bank of Boston v. Bellotti, 1978.

108. National Black Police v. District of Columbia Board of Elections, District of Columbia District Court, April 18, 1996, http://www.plainsite.org/dockets/220zqa7kv/district-of-columbia-district-court/nat-black-police-v-dist-of-col-bd-of-elections/.

109. Judge Melvin Brunetti, dissenting to Vannatta v. Keisling, US Court of Appeals, Ninth Circuit, 1998.

110. Alaska v. Alaska ACLU, Supreme Court of Alaska, April 16, 1999.

111. Jeanne Bassett, “Freedom to Spend Is Not Freedom of Speech,” Albuquerque Tribune, September 18, 1998.

112. Center for Responsive Politics report quoted in the ruling Kruse v. Cincinnati, US Court of Appeals, Sixth Circuit, 1998.

113. Judge Cornelia Kennedy in the majority opinion of Kruse v. Cincinnati.

114. Judge Jack Sandstorm, Montana Right to Life v. Eddleman, US Court of Appeals, Ninth Circuit, September 19, 2000.

115. Judge William Sessions, Landell v. Sorrell, US District Court of Vermont, August 10, 2000.

116. Justice David Souter, Nixon v. Shrink Missouri Government PAC, US Supreme Court, 2000.

117. Austin v. Michigan Chamber of Commerce, US Supreme Court, 1990.

118. Eric Boehlert, “You Can’t Teach an Old Attack Dog New Tricks,” Salon, July 20, 2004, http://www.salon.com/2004/07/20/david_bossie/.

119. Jeffrey Toobin, “Money Unlimited” New Yorker, May 21, 2012, http://www.newyorker.com/magazine/2012/05/21/money-unlimited.

120. Ibid.

121. Citizens United v. FEC, US Supreme Court, 2010.

122. Justice Byron White, dissent to Buckley v. Valeo, US Supreme Court, 1976.

123. See Thom Hartmann, Unequal Protection (San Francisco: Berrett-Koehler, 2010) for details.

124. Arizona Free Enterprise v. Bennett, US Supreme Court, 2011.

125. McCutcheon v. FEC, US Supreme Court, 2014.

126. Williams-Yulee v. Florida, US Supreme Court, 2015.

127. Larry Kramer, The People Themselves: Popular Constitutionalism and Judicial Review (New York: Oxford University Press, 2004), especially chapter 3.

128. Ibid., p. 114.

129. James MacGregor Burns, Packing the Court (New York: Penguin Press, 2009), p. 73.

130. Mark Tushnet, Taking the Constitution Away from the Courts (Princeton, NJ: Princeton University Press, 1999).

131. “Supreme Court Decisions Overruled by Subsequent Decision,” appendix to Senate Document No. 103-6, 103rd Congress, Government Printing Office, 1996.

132. Pam Karlan, for instance, has been critical of limits on big money in politics (see Samuel Issacharaoff and Pamel S. Karlan, “The Hydraulics of Campaign Finance Reform,” Texas Law Review, vol. 77, no. 7, June 1999) but is considered a potential nominee by President Obama. See http://thinkprogress.org/justice/2013/05/23/2044771/ten-potential-democratic-supreme-court-nominees-who-arent-named-sri-srinivasan/.

133. Kathleen Sullivan, for instance, has said all constitutional amendments pose a danger of “mutiny against the authority of the Supreme Court.” See Great and Extraordinary Occasions: Developing Guidelines for Constitutional Change (New York: Century Foundation Press, 1999), p. 42.

134. Tushnet, Taking the Constitution Away from the Courts, p. 180, emphasis original.

135. Similarly, our Fourteenth Amendment did not go through the traditional ratification process by winning approval of three-fourths of elected state legislatures. Nonetheless, we accepted it. The election of 1868 in essence allowed the people of the nation to speak on the question of Reconstruction, and they ratified it by sending a strong Republican majority to Congress to implement it.

136. Bruce Ackerman, We The People: Foundations (Cambridge: Belknap Press of Harvard University Press, 1991).

137. Bruce Ackerman, We the People: Transformations (Cambridge: Belknap Press of Harvard University Press, 1998), p. 262.

138. Ralph Goldman, “The Advisory Referendum in America,” Public Opinion Quarterly, Summer 1950, p. 310.

139. Ackerman, We the People: Transformations, p. 297.

140. Ibid., p. 316.

141. Robert Peterson, “Supreme Court: Impeach ‘Oligarchy’ Now in Power,” Missoulian, July 13, 2014, http://missoulian.com/news/opinion/mailbag/supreme-court-impeach-oligarchy-now-in-power/article_76cd196a-0921-11e4-8217-001a4bcf887a.html.

142. David Savage, “Newt Gingrich Says He’d Defy Supreme Court Rulings He Opposed,” Los Angeles Times, December 17, 2011.

143. Rob Hager and James Marc Leas, “Why a Constitutional Amendment Isn’t Needed to Overturn ‘Citizens United’,” Counterpunch.org, July 9, 2012, http://www.counterpunch.org/2012/07/09/why-a-constitutional-amendment-isnt-needed-to-overturn-citizens-united/.

144. Ibid.

145. Thomas Jefferson, “Draft of the Kentucky Resolutions,” The Political Writings of Thomas Jefferson (Thomas Jefferson Memorial Foundation, 1993), p. 127.

146. Akhil Reed Amar, The Bill of Rights (New Haven, CT: Yale University Press, 1998), p. 40.

147. Ibid., p. 41.

148. Tenth Amendment Center, “Glover, Booth, and Paine: Over 150 Years of Nullification,” http://tenthamendmentcenter.com/2014/04/13/glover-booth-and-paine-over-150-years-of-nullification/.

149. Senate Joint Resolution 2, 105th Congress, first session, ch6duced January 21, 1997.

150. Congressional Record, March 18, 1997, p. S2389.

151. Ibid.

152. Congressional Record, March 18, 1997 p. S2390.

153. Congressional Record, March 12, 1997, p. S2179.

154. Congressional Record, March 12, 1997, p. S2193.

155. Jonathan Bingham, “Democracy of Plutocracy: The Case for a Constitutional Amendment to Overturn Buckley v. Valeo,” Annals of the American Academy, July 1986, as printed in the Congressional Record, February 14, 1995, p. S2631.

156. Congressional Record, March 12, 1997, p. S2176. Senator Hollings elaborates: “I know the mechanics of political campaigns, and when you have an opponent with $100,000 and I have $1 million, all I need do is just lay low. He only has $100,000 and I know that he wants to wait until October when the people finally turn their interest to the general election. … And then I let go, come October 10. That is three to four weeks leading into the campaign, and I have yard signs, radio for the farmer in the early morning. I have early morning driving-to-work radio, I have radio for the college students. I know how to tailor make with my million bucks, and I can tell you by November 1, after three weeks of that, my opponent’s family has said ‘What is the matter? Why are you not answering? Are you not interested anymore?’ I have, through wealth, taken away his speech.”

157. House Joint Resolution 47, ch6duced in the first session of the 105th Congress, February 10, 1997.

158. Press release by Senator Robert C. Byrd, March 18, 1997.

159. House Joint Resolution 20, ch6duced in the first session of the 113th Congress on January 22, 2013.

160. Senate Joint Resolution 19, 113th Congress, second session, as amended, July 17, 2014.

161. John Paul Stevens, Six Amendments: How and Why We Should Change the Constitution (New York: Little, Brown and Company, 2014), p. 79.

162. David Gans and Ryan Woo, “Reversing Citizens United: Lessons from the Sixteenth Amendment,” Constitutional Accountability Center, January 12, 2012, p. 7, http://theusconstitution.org/sites/default/files/briefs/Download%20Reversing%20Citizens%20United%20Here.pdf.

163. See Bruce Ackerman, We the People: Foundations.

164. Jay Bybee, “Ulysses at the Mast: Democracy, Federalism, and the Sirens’ Song of the Seventeenth Amendment,” Scholarly Works, Paper 350, p. 536, http://scholars.law.unlv.edu/cgi/viewcontent.cgi?article=1365&context=facpub.

165. “Decline of the Senate,” Wall Street Journal, August 24, 1905, p. 1, as cited in Joseph Friedman, “The Rapid Sequence of Events Forcing the Senate’s Hand: A Reappraisal of the Seventeenth Amendment,” CUREJ: College Undergraduate Research Electronic Journal, University of Pennsylvania, March 30, 2009, p. 8, http://repository.upenn.edu/curej/93.

166. “Election of Senators,” Los Angeles Times, July 5, 1905, as cited in Joseph Friedman, “The Rapid Sequence of Events Forcing the Senate’s Hand,” p. 8, http://repository.upenn.edu/curej/93.

167. Ibid.

168. Ibid., p. 39.

169. Robert Luce, Legislative Principles: The History and Theory of Lawmaking by Representative Government, 1930, p. 449.

170. These paragraphs are borrowed from Derek Cressman’s “Ties that Bind,” Common Cause white paper, September 2012.

171. John Dickinson, The Letters of Fabius, 1788, letter 8, p. 70, http://deila.dickinson.edu/cdm/compoundobject/collection/ownwords/id/274.

172. Kris Kobach, “May ‘We The People’ Speak? The Forgotten Role of Constituent Instructions in Amending the Constitution,” UC Davis Law Review, vol. 33, no. 1, 1999, p. 76.

173. Ralph Goldman “The Advisory Referendum in America,” Public Opinion Quarterly, Summer 1950, p. 308.

174. It is particularly significant that the New York legislature obeyed its instructions on prison labor because in the same election voters replaced Democrats in control of the legislature with a Republican majority and the Republican Party opposed abolishing prison labor.

175. Arkansas, Illinois, Indiana, Maine, Massachusetts, Michigan, New Hampshire, North Carolina, Ohio, Tennessee, and Vermont all had the right to instruct as part of their state constitutions at one time.

176. Article I, Section 10 of the California 1849 constitution. This provision has been maintained in subsequent versions and is now found in Article I, Section 3(a).

177. The delegate said, “It is high time to discard the phraseology which belongs to the old system of petitioning a superior power. The same power that enables the people to govern themselves, surely gives them a right to remedy their grievances.” Quoted in Steve Mayer and Ronald Fein, amicus brief by Free Speech For People to the California Supreme Court, Howard Jarvis Taxpayers Association v. Debra Bowen, no. S220289, Supreme Court of California, p. 2.

178. Ibid., p. 3.

179. Ibid., p. 4.

180. Friedman, “The Rapid Sequence of Events Forcing the Senate’s Hand,” p. 53, http://repository.upenn.edu/curej/93.

181. David Schleicher, “The Seventeenth Amendment and Federalism in an Age of National Political Parties,” George Mason University Law and Economic Research Paper Series, no. 13-33, p. 15, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2269077.

182. Bybee, “Ulysses at the Mast,” p. 538.

183. Friedman, “The Rapid Sequence of Events Forcing the Senate’s Hand,” p. 71.

184. Skelly Wright, “Politics and the Constitution: Is Money Speech?” Yale Law Journal, vol. 85, no. 8, 1979, p. 1005.

185. Congressional Record, Ninety-Seventh Congress, 128 (81), p. H3901.

186. Cosponsors included Representatives Millicent Fenwick (R-NJ), Barbara Mikulski (D-MD), Tom Bevill (D-AL), Brian Donnelly (D-MA), Norman D’Amours (D-NH), Robert Edgar (D-PA), John LaFalce (D-NY), and Howard Wolpe (D-MI).

187. Lloyd Cutler as cited by Senator Ernest Hollings, Congressional Record, March 13, 1997, p. S2244.

188. Senate roll call, April 22, 1988.

189. Senate roll call, May 27, 1993.

190. Senate roll call, February 14, 1995.

191. Quoted by Gene Karpinski, executive director of US PIRG, in testimony on campaign finance reform before the House Subcommittee on the Constitution of the House Judiciary Committee, February 27, 1997.

192. Poll by Mario Brossard for the Washington Post, January 14–19, 1997.

193. Congressional Record, January 21, 1997, p. S556.

194. Charles Pope, “Senate Soundly Rejects a Measure to Limit Spending on Campaigns,” Philadelphia Inquirer, March 19, 1997.

195. “Cheaper Campaigns Won’t Wound Our Freedoms,” Buffalo News, March 22, 1997.

196. “Dear colleague” letter from Russ Feingold and Edward Kennedy, January 23, 1997.

197. Most of the campaign reform community was focused on incremental measures, such as reinstating contribution limits for political parties, and saw the amendment vote as a distraction. Senator Mitch McConnell gloated at the opposition from reformers to the Hollings amendment, saying “Even Common Cause is against this proposal. Even the Washington Post is against this proposal. Even Senator McCain and Senator Feingold, I believe, are going to oppose this.”

198. Transcript from “Removing Obstacles to Campaign Finance Reform: Why Not a Constitutional Amendment?” Harvard Law School Electoral Reform Project, April 2000.

199. “Free Speech For People Nationwide Voter Survey,” Hart Research Associates, December 2010–January 2011, http://freespeechforpeople.org/sites/default/files/FSFP%20Nationwide%20Voter%20Survey-1.pdf.

200. “Super PACs Having Negative Impact, Say Voters Aware of ‘Citizens United’ Ruling,” Pew Research Center for the People & the Press, http://www.people-press.org/files/legacy-pd/1-17-12%20Campaign%20Finance.pdf.

201. Derek Cressman, “Time to Amend: No More Half Measures in Campaign Finance Reform,” Washington Monthly, December 29, 2011, http://www.washingtonmonthly.com/ten-miles-square/2011/12/time_to_amend034394.php?page=all&print=true.

202. See http://sos.mt.gov/elections/2012/BallotIssues/I-166.pdf for the official ballot language.

203. Amendment 65 on the Colorado ballot, November 2012. See https://www.colorado.gov/pacific/sites/default/files/2012%20English%20Blue%20Book%20Internet%20Version.pdf.

204. See http://democracyamendmentmass.org/files/2012/10/Ballot-Question-District-and-Town-List-with-Question-Numbers1.pdf.

205. Paul Blumenthal, “Citizens United Rejected by Voters in Montana, Colorado,” Huffington Post, November 7, 2012, http://www.huffingtonpost.com/2012/11/07/citizens-united-rejected-montana-colorado_n_2089949.html.

206. Jess Bravin “Montana Voters’ Verdict: Supreme Court Was Wrong,” Wall Street Journal Law Blog, November 8, 2012, http://blogs.wsj.com/law/2012/11/08/montana-voters-verdict-supreme-court-was-wrong/.

207. “Montanans Take a Stand” New York Times, November 16, 2012, http://www.nytimes.com/2012/11/17/opinion/montanans-take-a-stand.html?partner=rssnyt&emc=rss&_r=4&.

208. Cook v. Gralike, US Supreme Court, 2001.

209. “Fighting Ballot Bloat in California: The Prop 49 Ruling,” Los Angeles Times, August 12, 2014.

210. Goodwin Liu, concurring in Howard Jarvis Taxpayers Association v. Bowen, Grant of Writ of Mandamus, August 11, 2014.

211. See http://www.huffingtonpost.com/campus-election-engagement-project/mark-udall-vs-cory-gardne_b_6000876.html.

212. Harvard academic Larry Lessig, for instance, waged a $10 million campaign targeting ten races and trying to elevate the notion of corruption without tying it to any specific solution.

213. McConnell’s letter was reported in the Washington Post, November 27, 1995.

214. Larry Lessig, Republic Lost: How Money Corrupts Congress—and a Plan to Stop It (New York; Twelve/Hachette Book Group, 2011), p. 97.

215. See W. W. Willoughby quoted in Ralph Goldman, “The Advisory Referendum in America,” Public Opinion Quarterly, vol. 14, no. 2, Summer 1950, p. 311.

216. Ibid., p. 312.

217. Ibid.

218. See www.NationalPopularVote.co.

219. Congressional Record, March 13, 1997.

220. John Gardner, No Easy Victories (Harper & Row, New York, 1968), p. 84.

..................Content has been hidden....................

You can't read the all page of ebook, please click here login for view all page.
Reset
3.84.7.255