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Barack Obama to use the SEC to overturn Citizens United

January 19, 2013

  The Citizens United case has been a bone of contention with the left since the decision came down from the Supreme Court in 2010 that parts of the McCain/Feingold campaign finance reform law were unconstitutional. According to the ACLU this is what the decision did:

The case allowed corporations and unions (including non-profit corporations like
the ACLU or National Rifle Association) to spend “general treasury”
(non-political action committee) funds on political communications that are not
coordinated with a campaign. Citizens United itself has very little to do
with the dreaded “Super PACs,” which are primarily funded by individual
donations. Individuals have been allowed to spend their own money on political
speech since time immemorial (or at least since adoption of the First
Amendment). Further, Citizens United has nothing to do with direct
contributions
to candidates, which are still totally verboten for

corporations and unions and strictly limited for individuals.

   The left loves to complain about the corporate donations and how they are co-opting the system because it is assumed these corporations donate to Republicans, while they ignore the fact that this decision also protected union donations which overwhelmingly donate to Democrat candidates.

    In response to the Citizens United case the Senate introduced the DISCLOSE Act, which would force certain corporations and unions to disclose a list of donors, but that measure failed to gain passage in the House.

  But you may remember that after the Congress failed to pass cap and trade legislation that Barack Obama stated “there is more than one way to skin a cat.” The EPA is now looking to bypass the Congress and institute regulations which are equivalent to cap and trade; this is what Barack Obama meant when he said there was more than one way to skin a cat.

  And now it appears that Barack Obama is once again preparing to do an end run around the Congress by having the SEC institute through regulations something very similar to the failed DISCLOSE Act:

The Obama administration is attempting to bypass Congress and force publicly-traded companies to reveal their political donations through regulation.

The Securities and Exchange Commission’s Division of Corporate Finance has begun the steps necessary to create a regulation that would in many ways mirror the DISCLOSE Act — a bill Senate Democrats have failed to pass through Congress.

  The article doesn’t state whether or not unions would also be subjected to the same regulations as these corporations.

  Nobody finds the amount of money being shoveled into these campaigns more obscene than I do, but what I find even more obscene is when the federal government doesn’t follow the procedure laid out in the constitution for passing legislation and that is what is happening both with cap and trade and in this instance. At least when the Congress is debating an issue we can contact our legislators and voice our support or opposition to any given issue, here we have no voice. But all too often the left doesn’t see it that way because they don’t care how something they support is passed as long as it becomes law. The end justifies the means.

  But if this report is true it is even worse because these regulations would also force the corporations to disclose who gave what to whom. In other words, Barack Obama would know who was with him and who was against him. 

  We recently learned that a think tank at West Point has created a list of political enemies which included believers in smaller government, lower taxes, and personal responsibility and now it looks like Barack Obama is ready to expand that list to include people who donated to Democrat opponents.

  Are we really to believe that he won’t use this information to punish the people who opposed him?

10 Comments leave one →
  1. January 19, 2013 10:09 pm

    We better use to it, Steve, because this is how he is going to fundamentally change America. The courts and the constitution be damned. As Sam Donaldson said recently refering to conservatives wanting to take their country back, “It’s not your country any more. It’s ours.”

    Like

    • January 19, 2013 10:23 pm

      Did he really say that?! I hadn’t heard that. It tells us all we need to know about the mindset of the left.

      Like

  2. cmblake6 permalink
    January 20, 2013 3:36 am

    Reblogged this on Cmblake6's Weblog and commented:
    One would have thought that this was the sort of thing that should go through either Congress, or SCOTUS. Oh no, create a regulatory agency not responsible to WTP through Executive Order. Voila, WTP are fucked.

    Like

    • January 20, 2013 9:04 am

      Thank you and yes we are!

      Like

      • cmblake6 permalink
        January 20, 2013 10:51 am

        This has gone beyond insane. Did you know it is having its immaculation ceremony in private today at the WH? Not even waiting for the public one on Monday. Is THAT Constitutional? Maybe its crown needs refitting ’cause its head is swole up too big?

        Like

  3. LD Jackson permalink
    January 20, 2013 8:01 am

    I will be surprised at nothing this administration does to achieve its goals. This is just another step in their direction.

    Like

  4. January 20, 2013 9:35 am

    Please forgive the long comment(and all the links) I will not be offended if it you choose to delete it. This portion is also on CM Blakes site

    As to the nuts and bolts of Citizens United as Steve pointed out this decision allows all incorporated entities including unions and the tax dodge known as “not for profit” corporations( The Harvard Corporation has one of the biggest endowments in the world. Endowments are investments and the only way you can make investments is if you have revenue in excess of expenditure i.e .you have some extra money) to be able to pool resources in order to amplify their voice in a way that individually they may not have. While corporations are not “people” per se they are composed of people voluntarily (except ironically in the case of unions) join their resources for a common purpose and because the underlying motive force is composed of people they have the same type of rights of their component parts. In fact the denial of a right to voice an opinion collectively flies in the face of the forgotten parts of the first amendment freedom to associate and the freedom to petition the government for grievances. People do not loose their fundamental rights because they voluntarily associate. They voluntarily associate to demonstrate their political numbers to the powers that be.

    Corporations are not just a voluntary association but unlike the other two entities mentioned are also taxable entities. This also would seem persuasive as to the “corporation” as person as only people pay taxes. Corporate tax is essentially withholding for the owner of equity hence the stockholder is taxed twice. Why shouldn’t he have a corporate voice as well a personal voice? The commercial corporation has every right to advocate on behalf of their shareholders in fact they have a fiduciary duty to do so. If they have the will to do so through proxies that is their right as well as they have the duty to protect their shareholders interest in the aggregate. And since at the basest level corporate stock is owned by humans they should have the same types of protection that citizens have.

    The left has hundreds of thousands of paid activists and union member foot soldiers to go out and harass those who exhibit behavior and ideas they wish to intimidate and silence.Perhaps you remember this little incident aided and abetted by the DC Gestapo. Or perhaps these liberally documented acts of the professional protestors that the NDSWP employs. Or perhaps you remember this from the campaign. Of course Obama would neeevvveer do something like that with “legally” compelled disclosures for his own political purposes, eh?

    Like

Trackbacks

  1. Barack Obama to turn Obama for America into a non-profit tax exempt organization « America's Watchtower
  2. Barack Obama to turn Obama for America into a non-profit tax exempt organization | The D.C. Clothesline

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