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View Diary: Citizens United & the Montana Corrupt Practices Amicus Brief (37 comments)

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    The People's Power League and Montana's copper collar were perhaps unique, but that era was one of significant anti-plutocracy legislation nationally through TR's leadership.  This bedrock of anti-corruption legislation is now being reached by the plutocratic Court majority. The cert petition in American Tradition Partnership was filed on Monday and gives an outline of the argument to be joined. The amicus brief would hopefully cover the hidden point that election regulation is best left to legislatures and it becomes very unseemly and a violation of the political question doctrine for a Court to decide whether a legislature can regulate against corruption in elections. The Court's sham grounds of "free speech" is offensive to state court judges who refuse to follow as precedent such a poorly adjudicated decision as CU. Madison, who wrote the First Amendment, would be offended to learn that his democracy is being overthrown by, of all things, an unelected Court, with the supine acquiescence of a corrupted Congress. Breyer and Ginsburg bring this national emergency into the daylight, and the case should be used to galvanize the electorate in the national interest to demand Congressional action overturning CU and stripping the Court of pretended jurisidiction to hear such political questions. Decisions that corrupt the Constitution and throw us into a Consitutional crisis, such as Dred Scott are not to be considered as precedent, according to Lincoln. Congress may by statute overturn Buckley and its progeny, but should also invoke the exceptions clause to prevent any further partisan attempts by the Court to corrupt our democracy.

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