Money, Politics, and the Constitution: Beyond Citizens United

Money, Politics, and the Constitution: Beyond Citizens United

by Monica Youn

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Overview

Top Constitutional scholars launch a new jurisprudence to curb the rise of unfettered money in politics post-Citizens United. What is next for the First Amendment? And how can we advance a vision of the Constitution as a charter for a vibrant, participatory democracy?

In the U.S. Supreme Court case, Citizens United v. Federal Election Commission, five justices ruled that corporations and unions had a constitutional right to spend unlimited sums in elections, and in so doing overturned decades of precedent and dozens of laws. The ruling earned banner headlines, a sharp State of the Union rebuke, and public disapproval hovering near 80 percent in the polls. In the 2010 election that followed, independent spend­ing spiked, much of it done secretly. The decision ranks among the Court’s most controversial and consequential.

This volume of essays, which is cosponsored with the Brennan Center for Justice at NYU School of Law, is an attempt to map out the complex labyrinth that led to Citizens United, and to explore where this decision may lead. The chapters in it arose from a symposium sponsored by the Brennan Centers just nine weeks after the Citizens United decision was announced.

Product Details

ISBN-13: 9780870785283
Publisher: The Century Foundation, Inc.
Publication date: 04/28/2011
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 279
File size: 1 MB

About the Author

Monica Youn is senior counsel at the Brennan Center for Justice and will
be the Brennan Center’s inaugural Constitutional Fellow at NYU School
of Law. Most recently, she led a team of attorneys in a high-stakes case
defending Arizona’s public campaign financing law before the U.S. Supreme
Court. She was previously in private practice, and also served as law clerk
to Judge John T. Noonan, Jr., in the United States Court of Appeals for the
Ninth Circuit. She has litigated campaign finance and election law issues in
state and federal courts throughout the nation, and she has testified before
Congress and published scholarly articles on campaign finance issues.
Her work at the Brennan Center has been recognized by the New Leaders
Council, which named her one of their “40 Under 40” nationwide leaders
for 2010 and awarded her the Dipaola Foundation Democracy Rejuvenation
Award. Her recent collection of poetry, Ignatz, was nominated for a 2010
National Book Award.

Table of Contents

Foreword Richard C. Leone vii

Preface Michael Waldman xi

1 Introduction Monica Youn 1

Part I "Electoral Exceptionalism": Do Elections Have Special Status Under the First Amendment? 9

2 Campaign-Finance Regulation and First Amendment Fundamentals Robert Post 11

3 Elections as a Distinct Sphere Under the First Amendment Richard H. Pildes 19

4 "Electoral Exceptionalism" and the First Amendment Geoffrey R. Stone 37

Part II Money and Rights: When Does Spending Equal Speech? 55

5 Money and Rights Deborah Hellman 57

6 Nonparticipatory Association and Compelled Political Speech: Consent as a Constitutional Principle in the Wake of Citizens United Frances R. Hill 77

7 First Amendment Fault Lines and the Citizens United Decision Monica Youn 95

Part III Corruption and Democracy: Can Political Spending Undermine Our Republic? 117

8 On Political Corruption Samuel Issacharoff 119

9 The Unenforceable Corrupt Contract: Corruption and Nineteenth-Century Contract Law Zephyr Teachout 135

10 Citizens United and Equality Forgotten Mark C. Alexander 153

Part IV A Judge-Made Democracy: The Constitutionalization of Political Spending 171

11 On Dejudicializing American Campaign Finance Law Richard Briffault 173

12 Felix Frankfurter's Revenge: An Accidental Democracy Built by Judges Burt Neuborne 195

Notes 211

Index 265

About The Contributors 277

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