Read

User menu

Search form

Is Corruption a Constitutional Right?

Is Corruption a Constitutional Right?
Mon, 8/25/2014 - by David Sirota
This article originally appeared on Nation of Change

Wall Street is one of the biggest sources of funding for presidential campaigns, and many of the Republican Party's potential 2016 contenders are governors, from Chris Christie of New Jersey and Rick Perry of Texas to Bobby Jindal of Louisiana and Scott Walker of Wisconsin. And so, last week, the GOP filed a federal lawsuit aimed at overturning the pay-to-play law that bars those governors from raising campaign money from Wall Street executives who manage their states' pension funds.

In the case, New York and Tennessee's Republican parties are represented by two former Bush administration officials, one of whose firms just won the Supreme Court case invalidating campaign contribution limits on large donors. In their complaint, the parties argue that people managing state pension money have a First Amendment right to make large donations to state officials who award those lucrative money management contracts.

With the $3 trillion public pension system controlled by elected officials now generating billions of dollars worth of annual management fees for Wall Street, Securities and Exchange Commission regulators originally passed the rule to make sure retirees' money wasn't being handed out based on politicians' desire to pay back their campaign donors.

"Elected officials who allow political contributions to play a role in the management of these assets and who use these assets to reward contributors violate the public trust," says the preamble of the rule, which restricts not only campaign donations directly to state officials, but also contributions to political parties.

In the complaint aiming to overturn that rule, the GOP plaintiffs argue that the SEC does not have the campaign finance expertise to properly enforce the rule. The complaint further argues that the rule itself creates an "impermissible choice" between "exercising a First Amendment right and retaining the ability to engage in professional activities." The existing rule could limit governors' ability to raise money from Wall Street in any presidential race.

In an interview with Bloomberg Businessweek, a spokesman for one of the Republican plaintiffs suggested that in order to compete for campaign resources, his party's elected officials need to be able to raise money from the Wall Street managers who receive contracts from those officials.

"We see [the current SEC rule] as something that has been a great detriment to our ability to help out candidates," said Jason Weingarten of the Republican Party of New York — the state whose pay-to-play pension scandal in 2010 originally prompted the SEC rule.

The suit comes only a few weeks after the SEC issued its first fines under the rule — against a firm whose executives made campaign donations to Pennsylvania Gov. Tom Corbett, a Republican, and Philadelphia mayor Michael Nutter, a Democrat. The company in question was managing Pennsylvania and Philadelphia pension money. In a statement on that case, the SEC promised more enforcement of the pay-to-play rule in the future.

"We will use all available enforcement tools to ensure that public pension funds are protected from any potential corrupting influences," said Andrew Ceresney, director of the SEC Enforcement Division. "As we have done with broker-dealers, we will hold investment advisers strictly liable for pay-to-play violations."

The GOP lawsuit aims to stop that promise from becoming a reality. In predicating that suit on a First Amendment argument, those Republicans are forwarding a disturbing legal theory: Essentially, they are arguing that Wall Street has a constitutional right to influence politicians and the investment decisions those politicians make on behalf of pensioners.

If that theory is upheld by the courts, it will no doubt help Republican presidential candidates raise lots of financial-industry cash — but it could also mean that public pension contracts will now be for sale to the highest bidder.

Originally published by Nation of Change

3 WAYS TO SHOW YOUR SUPPORT

ONE-TIME DONATION

Just use the simple form below to make a single direct donation.

DONATE NOW

MONTHLY DONATION

Be a sustaining sponsor. Give a reacurring monthly donation at any level.

GET SOME MERCH!

Now you can wear your support too! From T-Shirts to tote bags.

SHOP TODAY

Sign Up

Article Tabs

The recent decisions by two of the most influential national newspapers of record to not publish their endorsements of Vice President Kamala Harris says a lot about how seriously they take Trump’s threats to democracy and his promises of vengeance against his enemies.

On the eve of the historic November vote, it seems important to ask: What's wrong with men, how did we get here, and can we change this?

As Trump’s campaign grows increasingly bizarre, his team appears to be more tightly controlling his movements and carefully scripting his public appearances to minimize the negative impact his erratic behavior may have on undecided voters in swing states.

Throughout history, fascist governments have had a similar reliance on the use of lies as a weapon to take and retain power.

Former President Donald Trump is now openly fantasizing about deputizing death squads against Americans.

The recent decisions by two of the most influential national newspapers of record to not publish their endorsements of Vice President Kamala Harris says a lot about how seriously they take Trump’s threats to democracy and his promises of vengeance against his enemies.

On the eve of the historic November vote, it seems important to ask: What's wrong with men, how did we get here, and can we change this?

As Trump’s campaign grows increasingly bizarre, his team appears to be more tightly controlling his movements and carefully scripting his public appearances to minimize the negative impact his erratic behavior may have on undecided voters in swing states.

Throughout history, fascist governments have had a similar reliance on the use of lies as a weapon to take and retain power.

Former President Donald Trump is now openly fantasizing about deputizing death squads against Americans.

On the eve of the historic November vote, it seems important to ask: What's wrong with men, how did we get here, and can we change this?

Posted 1 week 3 days ago

Former President Donald Trump is growing increasingly deranged, yet the media is asleep at the wheel.

Posted 1 month 3 weeks ago

Former President Donald Trump is now openly fantasizing about deputizing death squads against Americans.

Posted 3 weeks 6 days ago

The 2024 Republican ticket’s incitement of violence against Haitian migrants in Springfield, Ohio, is revealing in more ways than one.

Posted 1 month 1 week ago

Throughout history, fascist governments have had a similar reliance on the use of lies as a weapon to take and retain power.

Posted 3 weeks 21 hours ago

Former President Donald Trump is now openly fantasizing about deputizing death squads against Americans.

Right wing organizations, tech bros, alt finance and big oil are all helping to promote a surge in far right politics that are destabilizing the global order, and could end democracies on both sides of the Atlantic.

Throughout history, fascist governments have had a similar reliance on the use of lies as a weapon to take and retain power.

As Trump’s campaign grows increasingly bizarre, his team appears to be more tightly controlling his movements and carefully scripting his public appearances to minimize the negative impact his erratic behavior may have on undecided voters in swing states.