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The New Pay-As-You-Go Landscape of American ‘Democracy’
Posted on May 16, 2013
By Andy Kroll, TomDispatch
This piece first appeared at TomDispatch. Read Tom Engelhardt’s introduction here.
Billionaires with an axe to grind, now is your time. Not since the days before a bumbling crew of would-be break-in artists set into motion the fabled Watergate scandal, leading to the first far-reaching restrictions on money in American politics, have you been so free to meddle. There is no limit to the amount of money you can give to elect your friends and allies to political office, to defeat those with whom you disagree, to shape or stunt or kill policy, and above all to influence the tone and content of political discussion in this country.
Today, politics is a rich man’s game. Look no further than the 2012 elections and that season’s biggest donor, 79-year-old casino mogul Sheldon Adelson. He and his wife, Miriam, shocked the political class by first giving $16.5 million in an effort to make Newt Gingrich the Republican presidential nominee. Once Gingrich exited the race, the Adelsons invested more than $30 million in electing Mitt Romney. They donated millions more to support GOP candidates running for the House and Senate, to block a pro-union measure in Michigan, and to bankroll the U.S. Chamber of Commerce and other conservative stalwarts (which waged their own campaigns mostly to help Republican candidates for Congress). All told, the Adelsons donated $94 million during the 2012 cycle—nearly four times the previous record set by liberal financier George Soros. And that’s only the money we know about. When you add in so-called dark money, one estimate puts their total giving at closer to $150 million.
It was not one of Adelson’s better bets. Romney went down in flames; the Republicans failed to retake the Senate and conceded seats in the House; and the majority of candidates backed by Adelson-funded groups lost, too. But Adelson, who oozes chutzpah as only a gambling tycoon worth $26.5 billion could, is undeterred. Politics, he told the Wall Street Journal in his first post-election interview, is like poker: “I don’t cry when I lose. There’s always a new hand coming up.” He said he could double his 2012 giving in future elections. “I’ll spend that much and more,” he said. “Let’s cut any ambiguity.”
But simply tallying Adelson’s wins and losses—or the Koch brothers’, or George Soros’s, or any other mega-donors’—misses the bigger point. What matters is that these wealthy funders were able to give so much money in the first place.
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The Rise of the Super PAC
She needed something sexy, memorable. In all fairness, anything was an improvement on “independent expenditure-only political action committee.” Eliza Newlin Carney, one of D.C.‘s trustiest scribes on the campaign money beat, didn’t want to type out that clunker day after day. She knew this was big news—the name mattered. Then it came to her:
The Supreme Court’s 2010 Citizens United decision is often blamed—or hailed—for creating super PACs. In fact, it was a lesser-known case, SpeechNow.org vs. Federal Election Commission, decided by the D.C. Circuit Court of Appeals two months later, that did the trick. At the heart of SpeechNow was the central tension in all campaign money fights: the balance between stopping corruption or the appearance of corruption, and protecting the right to free speech. In this instance, the D.C. appeals court, influenced by the Citizens United decision, landed on the side of free speech, ruling that limits to giving and spending when it came to any group—and here’s the kicker—acting independently of candidates and campaigns violated the First Amendment.
Wonky as that may sound, SpeechNow reconfigured the political landscape and unchained big donors after decades of restrictions. The lawyers who argued the case, the academics and legal eagles whose expertise is campaign finance, and the beat reporters like Carney Newlin soon grasped what SpeechNow had wrought: a new, turbocharged political outfit that had no precedent in American politics.
Super PACs can raise unlimited amounts of money from pretty much anyone—individuals, corporations, labor unions—and there is no limit on how much they can spend. Every so often, they must reveal their donors and show how they spent their money. And they can’t directly coordinate with candidates or their campaigns. For instance, Restore Our Future, the super PAC that spent $142 million to elect Mitt Romney, couldn’t tell his campaign when or where it was running TV ads, couldn’t share scripts, couldn’t trade messaging ideas. Nor could Restore Our Future—yes, even its founders wince at the name—sit down with Romney and tape an interview for a TV ad.
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