Essay on CITIZENS UNITED

Submitted By ellenriehle
Words: 1836
Pages: 8
Open Document
Ellen Riehle
POLS 110
Geroux
April 16, 2014

Citizens United

The Judicial Branch is a branch of the government that is separate and independent, but also has checks and balances to make sure other branches as well as their own are staying in line. Within this branch there is the Supreme Court consisting of nine members, one Chief Justice and eight associate justices, whose power is judgment. All judges are appointed for life and have original and appellate jurisdiction, but majority of the cases they try are appellate-meaning that the case started in a different court. The Judicial Branch also has the power of judicial review, which is the ability to declare an action unconstitutional. Most of what the Supreme Court does though is set precedent meaning that their decision stands as a rule. In the Citizens United v. FEC case, a couple precedents were being questioned and eventually were overturned. The issue of this case was whether or not outside organizations could spend an unlimited amount of money on political races and it turned into a case on free speech.
Citizens United is a conservative non-profit organization that made a movie about Hillary Clinton in January of 2008 that included opinions shown in the film about whether or not the senator would be fit for presidency. The Federal Election Committee (FEC) was calling Hillary: The Movie into question because the film violated sections of the Bipartisan Campaign Reform Act (BCRA). “Citizens United sought an injunction against the FEC to prevent the application of the BCRA to their movie” (1). This group argued that section 203 of the BCRA violated the first amendment when it was applied to the movie and other forms of advertisements. They also argued that Sections 201 and 203 were unconstitutional in this situation.
The Federal Election Committee deemed the movie an electioneering communication and was therefore subject to the rules governing the production of political ads, including limitations on who may fund them (2). An electioneering communication is defined as any broadcast, cable, or satellite communication that a) refers to a clearly identified candidate for federal office, b) is made within 30 days of primary election or 60 days of a general election and c) is publically distributed (5). A problem arose with section 203 of the BCRA because it doesn’t allow corporations or unions to spend their general treasury funds on electioneering communications, which is what Citizens United was trying to do. Citizens United was also calling into question the constitutionality of section 441b’s prohibition on corporate independent election expenditures as well as the disclaimer and disclosure requirements that stated “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” (1). In a five to four ruling, the United States Supreme Court said that there was no government interest for prohibiting corporations or unions from using general treasury funds to make election related expenditures (5). Basically this ruling made it possible for corporations and unions to spend as much money as they wanted to support or defeat a candidate. In addition, the court ruled that the disclaimer and disclosure requirements were constitutional. The precedents that the Citizens United case overturned were part of the Austin v. Michigan Chamber of Commerce and McConnell v. FEC cases. The court overruled Austin, which held that political speech may be banned based on the speaker's corporate identity, in striking down section 441b’s ban on corporate independent expenditures (5). It also struck down the part of McConnell that held BCRA section 203 extensions of section 441b’s restrictions on corporate independent expenditures (5). In the end the court decided, “Government may not suppress political speech on the basis of a speakers corporate identity. No
Show More

Related Documents: Essay on CITIZENS UNITED

Citizens United Case

On January 21, 2010 the Supreme Court reached a decision that overruled two precedents and opened the door for corporate interests to take stock in Washington. The ruling in the case, Citizens United v. Federal Election Commission, will likely lead to a downward spiral of corruption and corporate interests in Washington. The court ruled that the right of free speech in advertising a political movie was protected under the first amendment. The case brought up questions of rights for corporations…

Words 1433 - Pages 6

Citizens United Case

Citizens United Vs. Federal Election Commission The legal system has been developing over many years. During each year there are cases that occur which make large impacts on today's world. In the United States, we have three different types of courts. The district court has jurisdiction over cases that include civil and criminal actions. Appeal courts settle cases in which both parties are unsatisfied with district court ruling and the Supreme Court is the highest of them all. The Supreme Court receives…

Words 1447 - Pages 6

United States Citizen Essay

demanding a favored status for certain established inhabitants of a nation as compared to claims of newcomers or immigrants h. Palmer Raids-attempts by the United States Department of Justice to arrest and deport radical leftists, especially anarchists, from the United States i. Immigration Acts of 1924 and 1921- i. United States federal law that limited the annual number of immigrants who could be admitted from any country ii. the first federal law in U.S. history to…

Words 795 - Pages 4

Citizens United Vs Fec Case Study

The citizens united v. FEC is a supreme court case on January 21st 2010. The case argued that BRCA was limiting our first amendment right for freedom of speech due to the fact they are stopping corporations and unions from supporting politicians . This decision let unions and corporations use general funds to support candidates running for office. Some believe that this ruling allows politicians and government officials to be bought while others think the politicians taking these funds will work…

Words 625 - Pages 3

Natural Born Citizen Clause In The United States

INTRODUCTION Article II, Section 1, Clause 5 of the United States Constitution says: “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the Office of President.” Throughout the twenty-first century, several presidential candidates faced questions about their eligibility surrounding this Natural Born Citizen clause. For example, detractors accused President Barack Obama and Vice President Kamala Harris…

Words 752 - Pages 4

Citizens United Vs Fec Case Study

Citizens United v. FEC is a United States 2010 constitutional law case which is concerned with the limits which the First Amendment imposes on the government to regulate political spending by nonprofit corporations. It was found by the Supreme Court that legislation which prohibits political expenditures by corporations is unconstitutional, in violation with the First Amendment. The First Amendment protects freedom of speech, which Justice Kennedy argued includes not only individuals, but also associations…

Words 964 - Pages 4

Citizens United Vs Fec Case Study

Citizens United v. FEC was a controversial case involving money within politics. It was the case that determined whether or not large corporations could spend money to support specific candidates and political parties. This was a very controversial case because many believe that putting a limit on spending would violate the First Amendment. Still, others believe that corporations should not be able to spend money, as it takes away from the majority group and the working class. People will likely…

Words 1313 - Pages 6

Citizens United Vs Fec Case Study

contribute to political candidates, parties, or political action committees, and what disclosures they need to make about their political spending. “The Supreme Court spoke clearly this term on the issue of corporate political speech, concluding in Citizens United v. FEC' that the First Amendment protects corporations' freedom to spend corporate funds on indirect support of political candidates” (Bebchuk). The ethical question here revolves around whether it’s right for businesses to engage in political…

Words 935 - Pages 4

Bewildered: United States and American Citizen Essay

millions of non-Americans who dream about becoming an American citizen with good intent to better their lives and their families’ lives. Then, there are non-Americans who gain citizenship for selfish, immoral, and unlawful reasons. Unfortunately, we have no way to filter out these two groups of intentions people have when immigrating to the United States. What would constitute an immoral immigrant? Insurance fraud is on the rise in the United States due to loss of jobs and the economy. Apparently, the…

Words 352 - Pages 2

Citizens United V. F. Ec Case Summary

The United States Supreme Court’s recent ruling on Citizens United v. Federal Election Commission (Citizens v. F.E.C.), has been one of the most controversial decisions in the history of the Court. At the heart of this case is the interpretation of the First Amendment. Therefore it is not surprising to see the level of the public’s interest in this influential decision. The potential impact that Citizens v. F.E.C. decision could have on the citizens, and corporations in America is astounding therefore…

Words 643 - Pages 3