This week the Supreme Court overturned a ban that “prevented corporations [and unions] from using their profits to buy political campaign ads” (source). The ruling enhances the ability of these organizations to throw money behind candidates, potentially increasing their ability to influence political decision-making by shaping who ends up in, and out of, office. The majority argued that the decision honored the First Amendment right to free speech. And, since corporations, according to U.S. law, are persons, they have the same right to free speech as any of us.
They also, of course, happen to have a lot more money.
So much money, Senator Charles Schumer (D – New York) said, that “…the winners of next November’s election. It won’t be the Republican or the Democrats and it won’t be the American people; it will be corporate America” (source).
Matthew Yglesias puts this in perspective (source):
Bank of America, for example, dedicates $2.3 billion to marketing in 2008 so it’s clear that they’ve got the budget to mount a $100 million series of scathing attacks on a Senator who pisses them off and basically laugh that off (and note that in 2004 total spending on Senate campaigns was just $400 million). And if you can have it be the case that just one Senator goes down to defeat for having pissed off BofA then everyone else will learn the lesson and avoid pissing them off in the future. You don’t need to actually sustain that volume of campaign spending.
Others argue that the ruling doesn’t so much change the political landscape as make it more honest, since corporations have always found ways around the rules anyway (source):
“Whether there’s a vast increase in the amount of resources spent, it’s hard to say,” said Joseph Sandler, a former lawyer for the Democratic National Committee. “There’s already so much they can do.”
…
Republican consultants, in particular, argued that the decision would simply shift spending by political action committees and issue-based “front groups” to the corporations themselves.
“I don’t believe that the ruling will fundamentally change the outcome of the elections given the obscene amounts of money that was spent independently in the last two years by everyone,” said Jim Innocenzi, a GOP strategist in Alexandria, Va. “You could argue that since everyone has figured out a way to get around the rules, we’d be better off with full disclosures of who is really paying for this stuff and let everyone just promote whatever cause they want.”
The decision left unaddressed the question of whether this meant that multinational corporations, with non-U.S. roots and branches, were allowed to throw money to candidates (source). Right now, the answer appears to be “yes.” This, then, allows for an unprecedented “foreign” influence on U.S. elections.
So, with all that said: How do unions and corporations spend their money in elections? What can we expect?
Dmitriy T.M. sent in a link to the Center for Responsive Politics listing the 100 corporations with the largest contributions to political campaigns between 1989 and 2009, as well as the direction of their donations (to the left or right). Donations include:
Direct “soft money” contributions from the organization’s treasury. Under federal law, contributions from the treasuries of corporations, unions or other organizations may only be given to the parties’ “non-federal” (soft money) committees.
Contributions from the organization’s political action committee, or PAC. The money for these comes from individuals who work for or are connected with the organization, and it’s given on behalf of the organization.
Contributions by individuals connected with the organization. This includes employees, officers, and members of their immediate families.
Here are the results:
At last as far as these top 100 are concerned, it doesn’t appear that there is an overwhelming preference for Republicans, as one might expect. Then again, a lot of these are unions.
But what does it mean when corporations and unions are sitting “on the fence”? Basically it means that they’re covering their bases. They win influence whether Republicans or Democrats end up in office. Interestingly, 46 of the 100 are on the fence. This doesn’t mean that things are somehow more fair or balanced, it means that, no matter who wins, corporations and unions win.
For another look at this type of information, see our post on partisan political contributions by U.S. companies.
Lisa Wade, PhD is an Associate Professor at Tulane University. She is the author of American Hookup, a book about college sexual culture; a textbook about gender; and a forthcoming introductory text: Terrible Magnificent Sociology. You can follow her on Twitter and Instagram.
Comments 15
Rolton — January 23, 2010
The graph is a little misleading, because you're using the 2010 split alongside the total contributions since 1989. The proportion of donkeys you posted has a LOT to do with the fact that Democrats control the executive and legislative branches (well, in theory, hahahaha). If you switch to the party split for all cycles (http://www.opensecrets.org/orgs/list.php?type=A), you'll see more elephants.
They'll put money to candidates that will help them achieve their agenda. When one party has this level of dominance, that means donating to that party, whether they're Republican or Democrat. During a campaign, or when the Democrats aren't overwhelmingly in charge, you'll see the money flow a more toward the Republicans.
So, for example, notice how the pharmaceutical corporations have been putting money to Democrats lately, but more to Republicans historically. That's in part because in a campaign situation, or where power is more evenly distributed, Republicans are going to help their profits more than Democrats. But when it's Democrats tailoring and trying to push through health care, you'd better believe that's where the money goes.
All this is certainly NOT to object to your end point, which is definitely the case. And bears repeating: "...no matter who wins, [large] corporations and unions win."
George — January 23, 2010
I think the question you ask about whether "corporations can throw money to candidates" is not a difficult one to answer. The court held that corporations could spend money on political speech to buy advertisements, make documentaries, etc. The decision does not affect laws allowing them to give money directly to campaigns it only allows them to spend money to attempt to persuade the voters.
The court also upheld disclosure requirements so that corporations must make public how much they spend on political advertising.
I also think it's not quite right that the decision hinged on the idea that a corporation is a person. The decision is more that people who have organized themselves as a corporation can use their organization to speak. This has already been true of media corporations (newspapers, tv stations, radio), and it's been true of unions, and special interest groups (NRA, sierra club, AARP). So, now it's true of corporations as well.
Tom Degan — January 23, 2010
Are corporations really persons?
Do corporations think?
Do corporations weep?
Do corporations fall in love?
Do corporations grieve when a loved one dies as a result of a lack of adequate health care?
Do corporations have loved ones?
Are corporations even capable of loving?
Do corporations sometimes lose sleep at night worrying about disease, violence, destruction, and the suffering of their fellow human beings?
Do corporations feel your pain?
Is a corporation capable of having a sense of humor? Is it capable of laughing at itself? (EXAMPLE: "So these two corporations walk into a bar....")
If a corporation ever committed an unspeakable crime against the American people, could IT be sent to federal prison? (Note the operative word here: "It")
Has a corporation ever walked into a voting booth and cast a ballot for the candidate of its choice?
We all know that corporations have made a mountain of cash throughout our history by profiting on the unspeakable tragedy of war. But has a corporation ever given its life for its country?
Is a corporation capable of raising a child?
Has a corporation ever been killed in an accident as the result of a design flaw in the automobile it was driving?
Has a corporation ever written a novel or a dramatic play or a song that inspired millions?
Has a corporation ever risked its life by climbing a ladder to save a child from a burning house?
Has a corporation ever won an Oscar? Or an Emmy? Or a Tony? Or the Nobel Peace Prize? Or a Polk or Peabody Award? Or the Pulitzer Prize in Biography?
Has a corporation ever performed Schubert's Ave Maria?
Has a corporation ever been shot and killed by someone who was using an illegal and unregistered gun?
Has a corporation ever paused to reflect upon the simple beauty of an autumn sunset or a brilliant winter moon rising in the horizon?
If a tree falls in the forest, does it make a noise if there are no corporations there to hear it?
Should corporations kiss on the first date?
Could a corporation resolve to dedicate its vocation to being an artist? Or a musician? Or an opera singer? Or a Catholic priest? Or a Doctor? Or a Dentist? Or a sheet metal worker? Or a gourmet chef? Or a short-order cook? Or a magician? Or a nurse? Or a trapeze artist? Or an author? Or an editor? Or a Thrift Shop owner? Or a EMT worker? Or a book binder? Or a Hardware Store clerk? Or a funeral director? Or a sanitation worker? Or an actor? Or a comedian? Or a glass blower? Or a chamber maid? Or a film director? Or a newspaper reporter? Or a deep sea fisherman? Or a farmer? Or a piano tuner? Or a jeweler? Or a janitor? Or a nun? Or a Trappist Monk? Or a poet? Or a pilgrim? Or a bar tender? Or a used car salesman? Or a brick layer? Or a mayor? Or a soothsayer? Or a Hall-of-Fame football player? Or a soldier? Or a sailor? Or a butcher? Or a baker? Or a candlestick maker?
Could a corporation choose to opt out of all the above and merely become a bum? Living life on the road, hopping freight trains and roasting mickeys in the woods?
I realize that this is pure theological speculation on my part but the question is just screaming to be posed: When corporations die, do they go to Heaven?
Our lives - yours and mine - have more worth than any damned corporation. The Supreme Court's decision on Thursday was beyond wrongheaded. Not only was it obscene - it was an insult to our humanity.
http://wwww.tomdegan.blogspot.com
Tom Degan
Goshen, NY
Woz — January 23, 2010
"This doesn’t mean that things are somehow more fair or balanced, it means that, no matter who wins, corporations and unions win."
I'm a little more than uncomfortable with these two being put side by said as if they're equal (unions and corporations). First off, no union has as much resources as the top corporations. But in a bigger point, this kind of pairing is often used by corporations to downplay their influence ("sure, we give millions to elected officials, but unions, our rivals, also give money, so it must be a balanced system").
Also, at least in theory, union donations are tied to at least some semblance of a vote by the membership, making them a somewhat democratic way of spending campaign money (I know there's lots of problems with this in reality...). But corporate contributions are decided only by top execs -- shareholders don't even get a token vote in how those funds are spent.
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Sara — January 24, 2010
Corporations really are "people" under U.S. law. I recently watched a very scary film which documents some of the ways in which this legal status is playing out. It is called The Corporation. The website for the film is http://www.thecorporation.com.
jamy — January 25, 2010
As Woz said, why do we think corporations and unions are equivalent? Both want to get privileges for their "membership"--but unions have members who are workers. The corporations employ workers, but they probably have little or nothing to say about what the corporation funds.
In an ideal world, the unions are representing the people who have no voice otherwise. I know unions don't always work this way, but we know corporations never do.
Johnnyunsu — January 26, 2010
I find it amusing that most have not noticed the underhandedness of tagging Unions along for the ride. Under U.S law a Corporation is legally considered a person with all the rights of one while a Union is not. Why? Unions tried to get this right but were denied it by the U.S courts.Why? Neither a union or a corporation should have this right But the conservative judges appointed by the Republicans think they should. It's brilliant! Americans foolishly dispise Unions and this will further add fuel to the flame. Another blow to the average American citizen and worker.
Johnnyunsu — January 26, 2010
It's also brilliant because 1st Amendment rights only apply to persons. A Union or special interest group is not considered a person under U.S law but a Corporation is. This will allow a successful lawsuit to disallow Unions and special interest groups to be disqualified from this new ruling, funded by the interests of corporate America of course. How Machiavellian.
MPS — January 27, 2010
I recall noticing this trend among top donors a couple years ago. However, if my recollection is correct, when I looked more carefully I found it did not well reflect the political reality. The problem, if I recall correctly, is there are many *more* pro-Republican business donors, which overall cancel the greater contributions to Democrats of top donors. Also I think this list takes a narrow view of "political donation" (ignoring for instance lobbying); however that view might be appropriate to the Supreme Court decision in question.
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