Tuesday, June 26, 2012

The citizens are united. And the court isn't going to like it.


I was at a lunch the other day and was surrounded by three or four tables of middle-aged to older folks who looked like they could have been members of the Tea Baggers and I was sure they were all carrying Medicare and AARP cards. (hey, for that matter, so am I…) So I asked each table what they thought of the Citizen’s United ruling that the Supreme Court has ruled, yet again on, making it official that corporations can and do have an unlimited say and unbridled free speech (again emphasis on unlimited) even in state and local elections.

There were eleven potential votes, not counting mine. Unlike the biased phone calls I get from Washington State asking me to take part in a survey about the horrible way in which America is being run…(talk about unbiased????) here’s how I phrased my question:

            Excuse me. Are you aware of the Citizen United ruling brought about by the U.S. Supreme Court?  Of the eleven, nine were aware of it.  We will count only their votes. The others will vote Republican anyway because they are uninformed.

            Of the nine, six said they thought the court had missed the mark. (The scale was 1 strongly disagree with the court to 6 strongly agree with the court’s ruling) Of the three dissenters, only one agreed with the court. The others were threes. (Right on the fence in the middle. One guy even said, “I can see it both ways.”)

            I am not a researcher by trade, but I have spent umpteen years behind the glass in research focus groups and studying surveys in advertising and marketing, so even I can see that Six to three – SCOUS loses. (And two of the three were neutral at best.)

            But why? A ha! Now it gets gritty. Of the six who stood in opposition of the court, five said that it was because the original intent of the Constitution was to protect people’s free speech from corporations and monopolies from distorting our free exchange of ideas. “It is why we fought the revolution against the King in the first place, “ one old geezer said. (I loved this guy.) “The king, his church, his buddies were all aligned against the freedom of people to think and speak their minds. There was no intent of letting giant businesses take over that role under the constitution.”

            I asked who agreed with James (his name). A show of hands showed that of the nine, five were backing his argument. The hold out from the original six dissenters was a woman who thought that the court had given in to Republican pressures and big money. She sided with the six, but only from a practical aspect. She didn’t care about the constitutional issue. She saw it as money– big money– trying to buy the space where citizen’s speech should be. “They are squeezing us out,” she said. (I loved this woman, too.)

            I returned to the backers of the court. “What do you think of these arguments against SCOUS rulings?”
           
            One man snorted and said, “It’s Obama’s damn fault we no longer have freedom of speech. I want that boy (swear to God he said boy) out of Washington and fast.” I asked him how the SCOUS decision was related to Obama taking away his freedom of speech. He shrugged. “You know.” That’s all he would say.

“No I don’t know. I am trying to find out. What has Obama got to do with the SCOUS ruling that corporations and big business have unlimited access to our electoral process?”

“They were just trying to protect us,” he said.

”From whom?” I asked.

            “The Democrats.” This was going nowhere so I turned my attention to the others.

The other two thought the arguments were good, but felt that corporations and unions should have access to the playing field, if laws were going to be enacted that affected them. “Good enough. But unlimited?” I asked.  There was a pause. Even those who had agreed with the court thought that taking the limits off of corporate spending only made the buying of elections easier and more dangerous for all Americas. (So you might say it was nine-nill against the that part of the court’s decision.)

Final question: that being the case, if SCOUS had ruled that corporations and unions could have a voice in elections, but it would be limited to, say, the same amount as an one individual, would you think that was fair?

Get this– all nine agreed that it would be fair and the right way to do it. Even the three who had no idea what we were talking about thought it sounded fair. How they came around so fast is anybody’s wonder.

I thanked them, and with one exception, the old guy who still wants the “boy” out of the White House, they all thanked me. Then he (the boy man) asked me “why I was sticking my nose in this business.” I told him I was interested to see just how off base the SCOUS has become in interpreting the constitution, based on original intent.

            “Why is original intent so damn important to you, son?” asked the guy who used the “boy” phrase.

            “It is not to me, sir. But it is to Justice Scalia. He claims it is how he interprets the Constitution. What were the original framers intent…”

            Then that man asked me, “How did the negro vote?”

“You mean Clarence Thomas?” He nodded. I said, “Justice Thomas voted with the court to allow corporations the unlimited freedom to buy a voice in any election they so desire.”

            “Well, hell if that negro voted for it, I want to change my vote. I am against them, then.”

            Yes. I was in Texas. I had almost forgotten that. So that skews the vote six-nill with two on the fence. I’d say the United Sates Supreme Court didn’t fair too well in this exercise….even in Texas.

            As I as about to leave I stopped and aloud asked them, one last question. “Obamacare – for it or against it? They all booed and hissed and made Bronx cheers. “Good to see,” I said. “Who at these tables has Medicare?” They all raised their hands.

God Bless America. We get the government we deserve. We truly do.

John Crawley's latest novel, Stuff is available at Amazon now.

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