Judiciary Governing and Selection Article Review

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Judicial Review

Judiciary -governing and selection

Judiciary: Article Review

One of the most controversial decisions in recent memory of the U.S. Supreme Court was that of Citizens United, which effectively declared corporations 'persons' in terms of their ability to fund political campaigns through political action committees (PACs). According to Thomas B. Edsall's article "Cash and carry" for The New York Times, Citizens United and "a series of related cases, especially SpeechNow.org v. Federal Election Commission, which was decided by the United States Court of Appeals for the District of Columbia Circuit, have not just gutted campaign-finance reform. They have undermined the democratic character of the presidential nomination process by empowering the rich to exert disproportionate control over it" (Edsall 2012). Edsall excoriates the recent Citizens United decision, stating it has fundamentally undermined the democratic process.

In the past, the label of 'activist judges' has usually been wielded by conservatives against justices perceived to be liberal. However, in Citizens United, it is liberals, by and large, who have accused the conservative-dominated courts of interfering with the ability of elections to be held in a free and fair manner.

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This is not the first time that liberals have been frustrated with the Court. (Franklin Delano Roosevelt's struggles with the elderly, conservative Supreme Court during the 1930s is a recent example). Edsall accuses the Court both of overstepping its bounds and not understanding the full ramifications of how campaigns are funded. "The high court suggested that huge contributions would not corrupt candidates or create the appearance of corruption, because the money would go to technically independent expenditure committees. It would be difficult to find a campaign consultant for either party who would say that the court's view reflected political reality" (Edsall 2012).

'Super-PACs' dominated by corporate money have had a strong influence in the trajectory of the current Republican primary race and its likely winner. Newt Gingrich was able to keep his flagging campaign afloat with PAC money. "Romney was twice able to resurrect his campaign, in Iowa and Florida,….....

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