The Day Our Democracy Died

When the Supreme Court handed down the decision in Citizens United v. Federal Election Commission, which granted corporations, unions, and nonprofits the latitude to donate freely to political campaigns and thus effectively bankroll federal elections, I grimly mused: "It is not hyperbole to say this decision is paving the way for America to become a fully-fledged corporatocracy, which, depending on your perspective, is a sibling to fascism or a version of it. ...This decision further diminishes any voice that isn't backed with a fuckload of money. Someday, we may look back on this day and realize it was the day our democracy died."

Today, under the ominously blunt headline "Super PACs Multiply to Sway Election as Companies Freed to Give," Bloomberg reports on the proliferation of Super PACs, political action committees which can accept unlimited donations from corporations, unions, nonprofits, and individuals, and can "explicitly urge voters to support or oppose candidates, unlike ordinary PACs and nonprofit groups."

At least 25 of these Super PACs have already formed, one of which is linked to conservative mastermind Karl Rove and has already raised more than $17 million since the SCOTUS decision earlier this year.

Former FEC chair Michael Toner says the Super PACs "can say whatever they want politically in the advertising. It's very liberating."

"Liberating" is one word for it. Certainly not the word I would choose.

The Supreme Court in January ruled against prohibitions on corporate campaign spending, allowing companies to use their treasuries to support or oppose candidates. The FEC sanctioned the new PACs on July 22, saying that because of the court decision, "there is no basis to impose contribution limits" on committees that spend money independently of candidates. Most won't have to disclose contributors until mid-October.

...The new PACs allow corporations to participate in a more targeted way with "a truly effective ad," said Trevor Potter, a former FEC chairman who runs the political activities law practice at Caplin & Drysdale in Washington.

"You don't have to do those kinds of commercials where it says, 'Call so-and-so,'" said Tony Massaro, the conservation group's senior vice president for political affairs. "This allows straightforward communication with voters."

..."You'll see more money spent on the Republican side," said Larry Noble, a former FEC general counsel and a lawyer with Skadden, Arps, Slate, Meagher & Flom LLP in Washington.

Former FEC chairs, former FEC general counsel... The takeover was long in the making. It's not easy to topple a democracy from the inside, while no one notices.