Very good read on the recent history of campaign finance by Craig Unger
Not long ago, Karl Rove seemed toxic: the brains of a disastrous presidency, tarred by scandal. Today, as the mastermind of a billion-dollar war chest—and with surrogates in place in the Romney campaign—he’s the de facto leader of the Republican Party. But in Rove’s long game, 2012 may be just the beginning.
In this new series, we will attempt to explore the main characters evolving around the 2010 Citizens United v. FEC Supreme Court decision. Each “card” will represent a character who symbolize one aspect of the Citizen United case.
These characters in fact are either directly linked to the case or are acting against or in favor of it. The full consequences of that decision still have to be determined as the 2012 Presidential campaign is still very much in its beginning. Yet, we can already evaluate the tremendous impact that Super PACs have on campaigns and political communication.
JOHN G. ROBERTS | 17th Chief Justice of the United States
UPDATE:
On june 25, 2012 the Supreme Court declined to revisit its Citizens United decision, the court summarily reversed a decision of the Montana Supreme Court that had upheld a state law limiting independent political spending by corporations. That decision, the United States Supreme Court said, was flatly at odds with Citizens United, which said the First Amendment allows corporations and unions to spend as much as they like to support or oppose political candidates. (Read more on the NYT)
John G. Roberts can certainly be considered as the architect behind the Citizens United v. FEC decision. As Jeffrey Toobin explains in The New Yorker on May 21, 2012 :
When Citizens United v. Federal Election Commission was first argued before the Supreme Court, on March 24, 2009, it seemed like a case of modest importance. The issue before the Justices was a narrow one When Citizens United v. Federal Election Commission was first argued before the Supreme Court, on March 24, 2009, it seemed like a case of modest importance. (…) Citizens United is a distinctive product of the Roberts Court. The decision followed a lengthy and bitter behind-the-scenes struggle among the Justices that produced both secret unpublished opinions and a rare reargument of a case. The case, too, reflects the aggressive conservative judicial activism of the Roberts Court.
(Read more)
John G. Roberts was nominated by former President Georges W. Bush on September 29, 2005 after Chief Justice William H. Rehnquist died on September 3, 2005.
During his confirmation hearings, Roberts said that he did not have a comprehensive jurisprudential philosophy, and he did “not think beginning with an all-encompassing approach to constitutional interpretation is the best way to faithfully construe the document”. Roberts analogized judges to baseball umpires: “It’s my job to call balls and strikes, and not to pitch or bat.”
This Originalist approach of the law contrast with the method and the view expressed by John G. Roberts in the Citizens United decision. This questions the position of the Supreme Court and the influence of John G. Roberts :
They feel that the Court was not playing fair in characterizing precedents. This cynicism is precisely what Chief Justice Roberts pledged to avoid when he was elevated to the High Court. As someone who continues to wish the Chief Justice well, I hope that he will in time achieve his original vision of collegiality and minimalism. To do so, the Court must characterize precedents in terms all of the Justices can accept. ( Jeffrey Rosen, Harvard Journal of Law & Public Policy)
No doubt that the Citizens United v. FEC decision is the result of Roberts and subsequently Justice Anthony Kennedy’s vision. The impact on the elections - the locals, States, or Federal ones - would have been much less.
Next post : Barack Obama
Money & Elections
In Jan 2010, the Supreme Court deregulated the campaign finance laws in the United States, with a decision known as Citizens United vs. FEC.
This decision doesn’t change all the limits of campaign financing. For example, an individual can still donate $2500 to a candidate for each election, $5000 per election to a PAC (Political Action committee) or $30.800 per year to a party.
However, the real beneficiaries of the Citizens United decision are the Super PACs.
The main characteristic of the Super PACs is that they can raise unlimited funds to support any candidate of their choice. This support is mainly showed through political advertisements, which are for the most part “negative ads” attacking an opponent (see the American Crossroads ad against Barack Obama, or this ad by Priority USA attacking Mitt Romney). The only requirement is that the Supers PACs must remain completely independent and are forbidden to coordinate their communication efforts with the candidate they support and their party.
This does not prevent all contenders for the White House to have one or more affiliated Super PACs. For example, Restore our Future supports Mitt Romney, Winning our Future is a pro-Newt Gingrich Super PAC. Even Barack Obama is supported by Priority USA, even though he was against the Citizens United decision.
Federal authorities know the identity of the donors for these Super PACs. The Super PACs have indeed the obligation to file with the Federal Election Commission (FEC) the donor names and the amount of donations.
For donors who wish to remain anonymous, there is another way. The 501c4s.
These groups are NGO’s that doesn’t have to disclose the names of their donors but - like the Super PACs – they can raise as much money as they wish.
The money spent in TV ads by these groups is called “independent expenditures” and between 2006 and 2012, these “independent expenditures” increased by 338%. At the same time, untraceable donations increased by 47%.
Since the beginning of the Republican primaries in 2011, independent groups have spent nearly $ 76.6 million, all candidates combined.
For the 2012 Presidential elections, American Crossroads, a Super PAC formed by Karl Rove, former G.W Bush Senior advisor, has planned to spend nearly $ 240 million.The Kock brothers have planned to spend nearly $ 100 million.
Consequences for the average Tv spectator are this: In Iowa, nearly 12 ads were broadcasted per hour. During the primaries in South Carolina nearly 182 ads were aired in a week. And more recently, for the primaries in Florida, Romney bombarded the local TV viewers with 12.000 ads a week before the vote (src: Wesleyan Media Project). Some of these ads can cost up to $750.000, sometimes even more.
All this for one purpose: influence American votes.
If you want to know more about this, support our project “Moneyocracy”, pledge a couple of dollar on kickstarter to help us making this documentary and don’t forget to like our facebook page. We want to make this with you. If you have any question related to the project, don’t hesitate to contact us directly. Thanks



