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The next speaker will be Jeff Mangan, former Montana Commissioner of Political Practices and founder of the nonprofit, nonpartisan Transparent Election Initiative.
He will discuss the “Montana Plan,” an upcoming state referendum that would counter the Supreme Court's Citizens United ruling by curbing election spending by “artificial persons,” keeping dark money out of Montana.
Citizens United held that corporations had a right to spend in politics. But if a corporation doesn't have the power to act, that right can't be used, which makes Citizens United irrelevant.
Here's how Harvard Law School describes it:
"A bipartisan team of former Montana officials have unveiled an oddly simple yet startlingly robust legal mechanism for undoing Citizens United that pares back the list of corporate powers granted by state corporation law. They have drafted a constitutional initiative (text here) and are steering it toward Montana’s 2026 ballot.
Ever since the Supreme Court’s landmark decision in Citizens United v. Federal Election Commission in 2010, America has been told that only the Court or a constitutional amendment could stem corporate and dark money in politics. Not so.
Citizens United held that lawmakers cannot regulate a corporation’s right to spend independently in elections. But regulations are just one tool in the legislative toolbox. Another extraordinarily powerful tool has gone largely unexamined until now: every state’s virtually unlimited authority to define the powers it grants its corporations.
Corporations have only the powers that states give them— and no more. States stopped being choosy about the powers they granted to their corporations in the mid-1800s. But every single state retained the authority to be as choosy as they like. Every single state retains the authority to decide to no longer grant its corporations the power to spend in politics.
The Plan has the support of some heavy legal and policy hitters, including Harvard Law’s John Coates, former Yale Law dean Robert Post, and NYU Law professor and former SEC commissioner Rob Jackson. Robert F. Williams, former head of the Center for State Constitutional Studies at Rutgers Law, terms it “spectacularly important.” Issue One, End Citizens United, Public Citizen, and Free Speech for People are among the organizations supporting it."
Limiting money in politics?
How refreshing would that be?
Read Harvard's full analysis here
Tune in to the August 19th presentation here.
Here is CDDG's slideshow on how to participate in our democratic process for the midterms
You can find recordings of past excellent CDDG presentations here.
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