What to Know: Citizens United v. Federal Election Commission, No. 08-205, 558 U.S. 310 (2010)

20100121_0000 CITIZENS UNITED v. FEDERAL ELECTION (US 08-2015) Opinion.jpg(Feb. 13, 2016 21:45 EST) Because the US Supreme Court case, Citizens United v. Federal Election Commission, (2010), has been receiving so much attention throughout this presidential election cycle, here is a consolidated list of links which help those wishing to understand the case more than just its title.

Hillary Clinton has advocated, for unknown reasons, that the Citizens United case became to be because it involved an attack campaign against her.

Why she would want to take credit for something which drastically caused our campaign finance system to become corrupted, is unknown.

The gist of the case involves a movie produced by an anti-Hillary-Clinton entity. The movie was to cause people to not want to elect Hillary Clinton.

There were provisions in a law which required various disclosures when campaign related speech was being paid for and used against a political candidate. That, is what Hillary Clinton was at the time.

The producers of the movie then filed an action in court seeking an injunction to keep the law requiring disclosure from being applied to them.

Accordingly the case, originally launched in 2008, eventually cycled its way through the courts system all the way to the Supreme Court. When in 2010, the court, in a 5-4 split decision, ruled in Citizens United’s favor.

Below are some interesting links for reference.

Citizens United v. Federal Election Commission, No. 08-205, 558 U.S. 310 (2010)

Wikipedia Overview

Opinion of the Court.

Taking Back Our Democracy: Responding to Citizens United and the Rise of Super PACs, ACLU, Washington, DC, (July 24, 2012)

Bipartisan Campaign Reform Act (BCRA, McCain–Feingold Act, Mar. 27, 2002)

The Bipartisan Campaign Reform Act of 2002 (BCRA, McCain–Feingold Act, Pub.L. 107–155, 116 Stat. 81, enacted March 27, 2002, H.R. 2356) is a United States federal law that amended the Federal Election Campaign Act of 1971, which regulates the financing of political campaigns. Its chief sponsors were Senators Russ Feingold (D-WI) and John McCain (R-AZ). The law became effective on 6 November 2002, and the new legal limits became effective on January 1, 2003.[1]

US Supreme Court Justice Antonin Scalia Dies (79)

20160213_1937 Justice Antonin Scalia dead at 79 (WP).jpg US Supreme Court Justice Antonin Scalia Dies
by Daryl Parsons

(Feb. 13, 2016 20:00 ET) United States Supreme Court Justice Antonin Scalia’s death in Texas today comes at a time when the Citizens United case, of which Scalia was part of the majority opinion, allowed corporate money to infiltrate the political process.

This has been an issue of much debate during the 2016 presidential race where campaign finance reform has been at the forefront of issues discussed.

In Citizens United v. Federal Election Commission, No. 08-205, 558 U.S. 310 (2010), the opinion of the court was split 5-4, with Justice Scalia making up part of the five justices ruling in favor of the case.

Of the nine total Justices, the breakdown included Justices Kennedy, Roberts, Alito, Thomas, and Scalia for the majority opinion. Dissenting opinions were held by Justices Stevens, Ginsburg, Breyer, and Justice Sotomayor.

Scalia’s replacement is expected to set off political resistance over the course of the next year within which time an appointment may fill the slot.

Case Summary

Facts of the case
Citizens United sought an injunction against the Federal Election Commission in the United States District Court for the District of Columbia to prevent the application of the Bipartisan Campaign Reform Act (BCRA) to its film Hillary: The Movie. The Movie expressed opinions about whether Senator Hillary Rodham Clinton would make a good president.

In an attempt to regulate “big money” campaign contributions, the BCRA applies a variety of restrictions to “electioneering communications.” Section 203 of the BCRA prevents corporations or labor unions from funding such communication from their general treasuries. Sections 201 and 311 require the disclosure of donors to such communication and a disclaimer when the communication is not authorized by the candidate it intends to support.

Citizens United argued that: 1) Section 203 violates the First Amendment on its face and when applied to The Movie and its related advertisements, and that 2) Sections 201 and 203 are also unconstitutional as applied to the circumstances.

The United States District Court denied the injunction. Section 203 on its face was not unconstitutional because the Supreme Court in McConnell v. FEC had already reached that determination. The District Court also held that The Movie was the functional equivalent of express advocacy, as it attempted to inform voters that Senator Clinton was unfit for office, and thus Section 203 was not unconstitutionally applied. Lastly, it held that Sections 201 and 203 were not unconstitutional as applied to the The Movie or its advertisements. The court reasoned that the McConnell decision recognized that disclosure of donors “might be unconstitutional if it imposed an unconstitutional burden on the freedom to associate in support of a particular cause,” but those circumstances did not exist in Citizen United’s claim.

Source: oyez.org (Accessed Feb. 13, 2016 20:00 EST)

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Justice Antonin Scalia dead at 79 (Feb. 13, 2016 19:37 EST), Washington Post

20160213_1900 Justice Antonin Scalia Dies at 79 (NYT).jpg Antonin Scalia Justice on the Supreme Court Dies at 79, (Feb. 13, 2016 19:00 EST), New York Times
Reference:

Erica Garner Supports Bernie Sanders While Sharing Father’s Loss (Video)

20160213_1500 Bernie Sanders Gets Dramatic Endorsement From Eric Garner’s Daughter (Yahoo).jpg (Feb. 13, 2016 17:00 PM EST) In a YouTube video, “Erica Garner endorsement of Bernie Sanders for President,” posted by Erica Garner, the daughter of the late Eric Garner who died at the hand of the police in 2014, speaks out about her loss.

The four minute video takes you through the personal journey Erica Garner has taken since her father was killed.

“He is not scared to go up against the criminal just system. He’s not scared,” Garner says in the video. “That is why I am for Bernie.”

Official Erica Garner Website

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20160211_1200 Erica Garner endorsement of Bernie Sanders for President (YT erica garner).jpg Bernie Sanders Gets Dramatic Endorsement From Eric Garner’s Daughter (Video)
By Matt Donnelly, The Wrap (Feb. 13, 2016) Read more.

John Lewis Back Pedals on Sanders Rebuke

20160213_1515 Civil Rights Leader Lewis Softening Dismissal of Sanders (AP).jpgCivil Rights Leader Lewis Softening Dismissal of Sanders
By Meg Kinnard, AP Greenville, S.C. (Feb. 13, 2016, 3:15 PM ET)

Civil rights leader John Lewis on Saturday softened his dismissal of Democratic presidential candidate Bernie Sanders’ work in the 1960s on behalf of racial equality.

Lewis, a Georgia congresswoman who has endorsed Hillary Clinton in the 2016 race, had said about Sanders’ role in the movement: “I never saw him. I never met him.”

Two days later, he felt compelled to clarify his remarks “in the interest of unity.”

“The fact that I did not meet him in the movement does not mean I doubted that Sen. Sanders participated,” Lewis said, and “neither was I attempting to disparage his activism.”

Read more.

20160213_1222 John Lewis clarifies comments on Bernie Sanders (MSNBC).jpg John Lewis clarifies comments on Bernie Sanders
By Alex Seitz-Wald (Feb. 13, 2016 12:22 PM)

Civil rights icon Rep. John Lewis on Saturday clarified comments he made earlier this week questioning Sen. Bernie Sanders’ involvement in the civil rights movement. Lewis, who is supporting Hillary Clinton over Sanders in the race for the Democratic presidential nomination, had said he never met Sanders.

Read more.

What to Know: Delegates, Unpledges Delegates, and Superdelegates

20160211_2300 Why superdelegates Don’t Matter (CulturallyCurious).jpg Why Superdelegates Don’t Matter by Matt Adler, Former Barack Obama Delegate DNC 2008

(Feb. 12, 2016) Matt Alder a former Barack Obama Delegate, DNC 2008, explains the differences between delegates, unpledged delegates, and superdelegates in a short and concise manner.

Read more.

 

Bernie Sanders Is Intrepid According to the Secret Service

20160211_2309 Bernie Sanders Gets His Secret Service Code Name (HuffPost).jpg (Feb. 12, 2016) — Bernie Sanders has been called many things, but this time it’s personal. His very own secret service detail is calling him by names now, “Intrepid.”

According to news reports already spreading over the internet, “The Bill Press Show” broke the news Thursday morning.

Upon reflection, #FeeltheIntrepid doesn’t quite sound as good as #FeeltheBern.

However, who can complain with what the word “Intrepid” actually means:

Intrepid – resolutely fearless; dauntless.

Nothing wrong with that.

Prior Experience or Better Judgment to be President? A List of US Presidents by Military Service

20160212_0115 Military Emblems Graphics 1700x1000 v1.png Prior Experience or Better Judgment to be President? A List of US Presidents by Military Service

(Feb. 12, 2016 02:00 AM EST) Hillary Clinton has been focusing a lot of her debate arguments against Senator Bernie Sanders around the area of foreign affairs experience. More specifically, she has boasted she is more qualified to be president because of the experience she garnished while serving as Secretary of State.

This argument appears flawed. Sure, the presidency does have to tackle issues involving foreign affairs, to include commanding the world’s most powerful military as commander in chief.

In this respect, using Clinton’s logic, and since she did not serve in the military, therefore having no military experience, she is therefore unqualified to be president for lack of military experience.

Fortunately, the quid-pro-quo prior experience or lack there of qualifications logic has not been the determining factor when former presidents have run for, and have been subsequently elected to the presidency.

In fact, the current president, Barack Obama, did not serve in nor had any military experience.

Therefore, Clinton’s argument that failure to have past experience in an area that falls within the responsibility of the presidency, such as foreign affairs, to include commanding the most powerful military in the world, does not hold water.

The presidency is much bigger than the individual holding the position as president. When assuming the office, Presidents will surround themselves with qualified advisors, which he trusts and will seek advice and recommendations from. After which, he then applies his better judgment and wisdom on what decision to make.

Moreover, it is actually the wisdom, judgment, and core values of the individual elected as president which are the higher values and traits that are most determinative when weighing qualification for, or against, holding the position as president of the United States.

It may be that Clinton just doesn’t understand the hierarchy value systems which make up, and determine how a person behaves, think, deal with problems and when making decisions.

People under stand this. Perhaps this is why her credibility has been called into question on any number of issues facing Americans today in areas such as health care, military action and public policy.

Clinton may be a good tactician, however, people want, and have found a more trustworthy candidate in Bernie Sanders. A trend that many polls have proven to be true, especially those who voted in this past New Hampshire primary.

The following list outlines the military service of each president before becoming the commander in chief.

President Service Rank Active Service
Barack Obama None None None
George W. Bush Texas Air National Guard First Lieutenant Stateside service as pilot during Vietnam War (1968–1973) Received early discharge in 1973.[1]
Bill Clinton None None None. Signed agreement to join Reserve Officer Training Corps at University of Arkansas during Vietnam War.[2] Subsequently withdrew and entered draft, but received high draft number and was not drafted.[3] (See Bill Clinton: Vietnam War opposition and draft controversy.)
George H. W. Bush United States Naval Reserve Lieutenant (Junior Grade) World War II (1942–1945) Distinguished Flying Cross.
Ronald Reagan United States Army Reserve, United States Army Air Corps Captain Stateside service during World War II (1942–1945); Army Reserve (1937–1942)
Jimmy Carter United States Navy Lieutenant World War II at the United States Naval Academy Sea duty and stateside service 1946–1953 during the Korean War.
Gerald Ford United States Naval Reserve Lieutenant Commander World War II (1942–1945); combat on USS Monterey, discharged in 1946.
Richard Nixon United States Naval Reserve Commander World War II (1942–1945); Earned two Service Stars.
Lyndon B. Johnson United States Naval Reserve Commander[4] World War II received Silver Star medal after observation mission in which aircraft he was on came under Japanese attack.
John F. Kennedy United States Navy Lieutenant World War II received Navy and Marine Corps Medal and Purple Heart
Dwight D. Eisenhower United States Army General of the Army Stateside service during World War I. Served as Supreme Allied Commander in Europe during World War II (1942–1945). Visited troops in Korea in December 1952. Entire active-duty career spanned from 1915 until 1969 (excepting his two terms as president and Commander-in-Chief).
Harry S. Truman[5] Missouri Army National Guard
United States Army, United States Army Reserve
Colonel Stateside National Guard service in Missouri (1905–1911); World War I (1917–1918); transferred to Army Reserve and retired in 1953.
Franklin D. Roosevelt None None None; Assistant Secretary of the Navy in World War I. Attempted to resign in order to enter uniformed service, but resignation not accepted. Visited France as part of Navy Department duties to observe military activities first hand.
Herbert Hoover None None None; helped guide US Marines in 1900 during the Boxer Rebellion.
Calvin Coolidge None None None
Warren G. Harding None None None
Woodrow Wilson None None None
William Howard Taft Connecticut Home Guard None None; United States Secretary of War 1904–1908. Enlisted in Connecticut Home Guard for World War I.
Theodore Roosevelt United States Army Colonel Spanish–American War – only U.S. President to receive the Medal of Honor (awarded posthumously in 2001). Also a Navy Civilian, as Assistant Secretary of the Navy[6]
William McKinley United States Army Brevet Major American Civil War. Served in the 23rd Ohio Infantry under future President Rutherford B. Hayes; fought in the Battle of South Mountain, The Battle of Antietam, and in the Valley Campaigns of 1864.
Benjamin Harrison United States Army Brigadier General American Civil War; Commanded an Infantry Brigade at the battles of Resaca, New Hope Church, Kennesaw Mountain, Marietta, Peachtree Creek and Atlanta; also Commanded a Brigade during Sherman’s March to the Sea.
Grover Cleveland None None Paid George Benninsky $150 to take his place after Cleveland was drafted during Civil War under Conscription Act of 1863.
Chester A. Arthur New York State Militia Brigadier General Judge Advocate General, Second Brigade of the New York Militia. Served as Engineer-in-Chief on the Governor’s staff, Quartermaster General and Inspector General of the New York Militia before and during the American Civil War. Declined appointment as commander of the 9th New York Volunteer Infantry Regiment and command of four New York City regiments organized as the Metropolitan Brigade when Governor requested he remain Quartermaster General.
James Garfield United States Army Major General American Civil War (1861–1863; commanded an Ohio Infantry Brigade at the Battles of Shiloh and Corinth; served as Chief of Staff for General William Rosecrans at the Battle of Chickamauga; left the army to serve in the United States House of Representatives).
Rutherford B. Hayes United States Army Major General American Civil War. Served in the 23rd Ohio Infantry and commanded future President William McKinley; wounded at the Battle of South Mountain; also served at the Battle of Antietam and in the Valley Campaigns of 1864.
Ulysses S. Grant United States Army General of the Army Mexican–American War and American Civil War; served 1843–54 and 1861–68.
Andrew Johnson United States Army Brigadier General Served in Tennessee Militia in 1830s. American Civil War; served as Military Governor of Tennessee in 1862.
Abraham Lincoln Illinois State Militia Captain Black Hawk War (served three months in 1832); see Abraham Lincoln in the Black Hawk War.
James Buchanan Pennsylvania State Militia Private War of 1812
Franklin Pierce United States Army Brigadier General New Hampshire Militia, 1831–46; Mexican–American War; commanded Infantry Brigade at Battle of Contreras (where his leg was injured), Battle of Churubusco, and the Assault on Mexico City.
Millard Fillmore New York State Militia Major Served in New York Militia in 1820s and 1830s; Organized Union Continentals home guard unit in Buffalo, New York during American Civil War
Zachary Taylor United States Army Major General War of 1812, Black Hawk War, Second Seminole War, Mexican–American War; entire career spanned from 1808 until 1848.
James K. Polk Tennessee State Militia Colonel Joined cavalry unit in Tennessee Militia as a Captain. Subsequently appointed a Colonel on the staff of Governor William Carroll. Did not see war service.
John Tyler Virginia militia Captain War of 1812
William Henry Harrison United States Army Major General Northwest Indian War, War of 1812
Martin Van Buren None None None; as State Senator during War of 1812 worked to pass war measures, including bills to expand New York militia and increase soldier pay. Special Judge Advocate appointed to aid in prosecuting William Hull at Hull’s court-martial after surrender of Detroit.
Andrew Jackson Tennessee State Militia, United States Army Major General American Revolutionary War, War of 1812, Creek War, First Seminole War
John Quincy Adams None None None; however he was a witness to Battle of Bunker Hill in 1775 and reportedly was a non-participant in a Naval Battle between a British ship and a US ship he was on with his father during the American Revolution.
James Monroe Continental Army Major American Revolutionary War; wounded at the Battle of Trenton; depicted holding the American flag behind General George Washington in the famous painting Washington Crossing the Delaware.
James Madison Virginia militia Colonel American Revolutionary War, did not see action.
Thomas Jefferson Virginia militia Colonel Commander of Albemarle County Militia at start of American Revolution, did not see action
John Adams None None Adams served as chairman of the Continental Congress’s Board of War (1776–77), making him the simultaneous equivalent of today’s Secretary of Defense and Chairman of Senate Armed Services Committee; was a semi-participant in a naval engagement between a British and US ship during the American Revolution.
George Washington Virginia militia, Virginia Regiment, Continental Army, United States Army General of the Armies French and Indian War, American Revolutionary War.
President Service Rank Active Service

Source: Wikipedia (Accessed: Feb. 11, 2016 23:00 EST

Voters of All Demographics Moving Toward Sanders

20160211_2300 Voters of All Demographics Moving Toward Sanders (The Inquisitr).jpg Voters of All Demographics Moving Toward Sanders
by Nathan Francis (The Inquisitr)

(Feb. 11, 2016)– Bernie Sanders delivered on his strong polls in New Hampshire, and though he faces big challenges ahead in Nevada and South Carolina there is new evidence to suggest he could ride a wave of momentum and grassroots support through these difficult, Hillary Clinton-leaning states.

Recent polling suggests that voters of all demographics — including those dominated by Clinton so far — are moving toward Sanders in recent days. This could be key if he aims to pull off upsets, or even better-than-expected performances in these states to fuel his upset bid.

Read more.

Harry Belafonte Endorses Bernie Sanders for President

20160211_1730 Harry Belafonte Endorses Bernie Sanders for President (Bernie2016).jpg (Feb. 11, 2016 17:30 EST) Civil rights icon and entertainer Harry Belafonte has posted a video on YouTube explaining why he has endorsed Bernie Sanders for president.

“I think he (Sanders) represents opportunity. I think he represents a moral imperative. I think he represents a certain kind of truth that is not often evidenced in the course of politics.”

(Source: Bernie 2016, YouTube 2/11/16)

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Harry Belafonte Endorses Bernie Sanders (Feb. 11, 2016)

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Delegate System Stirs Brouhaha After Sanders’ Slam Dunk in New Hampshire

20160211_1507 Bernie super delegate panic is based on lazy reporting (RawStory).jpg(Feb. 11, 2016 16:45 EST)– It appears there is more to the delegate system than meets the eye when calculating who may win the democratic nomination for president in this year’s primary election cycle between Sen. Bernie Sanders and former Secretary of State Hillary Clinton.

If the brouhaha following Tuesday’s New Hampshire primary is any indication, the Democratic Party’s delegate system has got some voters in an uproar.

Mathematically speaking, there are any number of ways primary state election results can be used to determine the delegate distribution as well as the projected overall standing the candidate may have down the campaign road.

It gets interesting when the superdelegates are taken into consideration, especially when many of which have already pledged their support for Hillary Clinton.

The idea that many delegates have already been spoken for by way of the super-delegate system appears very undemocratic at best. However, when one steps back and reviews the big picture, it is highly unlikely that the democratic party’s super-delegates will cast their final votes against the will of the people’s popular vote.

The effects, however, of the super-delegate system have already made an impact just days after Tuesday’s primary in NH. Even though the projections and tabulations are mere statistical calculations, they can influence the course of people’s attitudes about voting.

This does not play too well with votes who already have the words “rigged-system” at the tips of their tongues mostly due to Sanders’ campaign rhetoric on economic and societal inequality.

How the super-delegate system effects the primary election process during this cycle has yet to be seen. In any case, given how Sanders’ supports already have “rigged-systems” of government processes on their minds, it is expected any election discrepancies will be watched very closely.

superdelegate

A “superdelegate” or an “unpledged delegate” is a delegate to the Democratic National Convention or Republican National Convention that is seated automatically, based on their status as current (Republican and Democratic) or former (Democratic only) party leader or elected official. Other superdelegates are chosen during the primary season. Democratic superdelegates are free to support any candidate for the nomination. This contrasts with convention delegates that are selected based on the party primaries and caucuses in each U.S. state, in which voters choose among candidates for the party’s presidential nomination.

(Source: wikipedia, Accessed Feb. 11, 2016 16:45 EST)

Terms:

Brouhaha
[broo-hah-hah, broo-hah-hah, broo-hah-hah]
noun
1. excited public interest, discussion, or the like, as the clamor attending some sensational event; hullabaloo:

Delegate
noun
1. a person designated to act for or represent another or others; deputy; representative, as in a political convention.

2. A delegate is someone who communicates the ideas of or acts on behalf of an organization at a meeting or conference between organizations of the same level.

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Bernie super delegate panic is based on lazy reporting (Feb. 11, 2016)

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