By Robert C. Post, Pamela S. Karlan, Lawrence Lessig, Frank I. Michelman, Nadia Urbinati
ISBN-10: 0674729005
ISBN-13: 9780674729001
The ideally suited Court's 5-4 selection in Citizens United v. Federal Election Commission, which struck down a federal prohibition on self sufficient company crusade bills, is without doubt one of the so much arguable critiques in fresh reminiscence. Defenders of the 1st modification greeted the ruling with enthusiasm, whereas advocates of electoral reform recoiled in disbelief. Robert publish bargains a brand new constitutional concept that seeks to reconcile those sharply divided camps.
put up translates constitutional clash over crusade finance reform as a controversy among those that think self-government calls for democratic participation within the formation of public opinion and people who think that self-government calls for a functioning method of illustration. the previous emphasize the worth of unfastened speech, whereas the latter emphasize the integrity of the electoral approach. every one place has deep roots in American constitutional historical past. put up argues that either positions objective to nurture self-government, which in modern existence can flourish provided that elections are based to create public self assurance that elected officers are aware of public opinion. put up spells out the various implications of this easy yet profound perception. Critiquing the 1st modification reasoning of the court docket in Citizens United, he additionally exhibits that the courtroom didn't sincerely grab the constitutional dimensions of company speech.
mixing background, constitutional legislations, and political concept, Citizens Divided explains how a best court docket case of far-reaching final result could have been made up our minds otherwise, in a way that might have preserved either First modification rights and electoral integrity.
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Additional resources for Citizens Divided: Campaign Finance Reform and the Constitution
Sample text
Sovereign is not the less a sovereign because his commands are sometimes misheard or misreported. In America every one listens for them. ”220 Most importantly, government by public opinion altered the attitude of the American public. Their “habit of breathing as well as helping to form public opinion . . cultivates, develops, trains the average American. ”221 In contrast to Tocqueville, Bryce conceived public opinion as liberating rather than as oppressive. ”222 The “sense of ownership” observed by Bryce can be said to underwrite “that communion of interests and sympathy of sentiments .
272 It was on the foundation of Brandeis’s conception of the First Amendment that the Court in the 1930s began to erect the structure of First Amendment doctrine. In the spare and muscular prose of Chief Justice Hughes’s pioneering 1931 opinion in Stromberg v. ”273 For the last eighty years, First Amendment jurisprudence has been founded on the premise that “speech concerning public affairs is . . ”280 The precise nature and scope of First Amendment rights are of course controversial. We debate endlessly about how the First Amendment ought to apply to particular circumstances.
264 The dominant nineteenth-century interpretation of the First Amendment, summarized in 1907 by Justice Oliver Wendell Holmes, was that its “main purpose . . 266 It was not until the pathbreaking dissent of Justice Holmes in November 1919 in Abrams v. ”268 Holmes always wrote in the context of the suppression of political opinion, so his theorization of First Amendment rights should be understood as bounded by the circumstances of political deliberation. 269 The connection between First Amendment rights and the principle of self-governance was first explicitly discussed in 1920 in a Supreme Court opinion by Justice Louis Brandeis, who in dissent wrote: The right of a citizen of the United States to take part, for his own or the country’s benefit, in the making of federal laws and in the conduct of the government, necessarily includes the right to speak or write about them; to endeavor to make his own opinion concerning laws existing or contemplated prevail; and, to this end, to teach the truth as he sees it.