Posted By David Rothkopf Share

It's ironic. At precisely the moment that Secretary of State Clinton was rightly striking out at the Chinese for their infringement of the rights of their own citizens to open Internet access, democracy was dying in America.

In fact now, following an era that might well be defined by America's twin credibility crises of the past decade, another looms.

The first two blows -- blows that have left America's standing in the world weaker today than it has been at any time in the past half century, even with the many steps President Obama has taken to reverse the missteps of the Bush era -- undercut two of what might be seen as the three pillars of American standing on the planet.

The initial credibility crisis was triggered by the Bush administration's reckless disregard for the values upon which the republic was founded. From Guantanamo to Abu Ghraib, from the illegal invasion of Iraq to the rendition and torture of prisoners, America's role as a leader by virtue of our moral standing was called into question. The champions of the rule of law were now seen, rightfully, as one of its enemies, arguing as we were that there were two standards: that to which we held the rest of the world and that we chose for ourselves.

Next, America's role as an economic model for the world, champion of free markets and opportunity for all came under fire. In the run up to the economic crisis of 2008-2009, growing inequality in the United States was leading many critics to question our "leave it to the markets" approach. But then came the crisis and once again, the United States demonstrated that the doctrine we had preached worldwide were not going to be applied at home and moreover, that our system was deeply and fundamentally flawed. Doubt about "American capitalism" were only amplified in the aftermath of the crisis, in which middle class victims of the crisis were hardly helped and many were hurt but in which Wall Street fat cats called the tune, reaped the rewards of government intervention and then flouted their power by shrugging off the government when it was no longer necessary to their business plans.

What was left for Americans to cling to? Our moral standing and our fundamental message to the world had been built on the ideas of respect for the rule of law and free markets. And now the world was left to wonder, if not America, then to whom do we turn? Should we embrace other models?

Admittedly, the Chinese model, which might have had a shot at greater influence given the damage done to the U.S. brand, wasn't doing itself any favors with its attempt to deny its people both basic rights of all international citizens of the 21st Century ... which would also have the effect of making Chinese workers less competitive in the global economy. Hillary Clinton's speech attacking this was forceful and utterly appropriate. The Chinese whining in response to it was a sign of weakness and with some luck, the Obama administration will ignore it, shrug off the Chinese threats of consequences in other areas of the bilateral relationship, and continue to press home this essential point.

But the argument on behalf of the American way was made immeasurably harder yesterday by the Supreme Court's devastating blow to several of the most fundamental precepts of American society -- equal rights, for example, or truly free speech (which is to say the right speak and be heard, without having to pay for it).

By a 5-4 vote the justices of the court, with the Republican right in the majority, struck down limits on corporate campaign spending. Further building on the dangerous fiction in American law that corporations ought to have rights akin to those of individuals, the decision effectively unleashes the floodgates of corporate and union money into the political arena.

This is certainly a more powerful threat to democracy than terrorism. It may well be a more powerful threat to democracy than was the fatally-flawed Soviet Union. Because to the extent to which politicians depend on donations to remain in power, they are inevitably influenced by those who have the most money. Not surprisingly, corporate entities, representing many people and often vast economic enterprises, have vastly more financial resources than individuals. Arguing, as American right wingers do, that campaign donations are form of free speech and thus cannot be constrained, ignores the reality that by equating money with free speech we effectively say that those with more money have more free speech, are entitled to greater influence within our society.

The implications are stark. Should this decision go unreversed by subsequent action of the Congress, a future court or a future constitutional amendment, it tips the balance of power in the United States even farther away from average people and in the direction of elites. Since campaign donations do not flow from companies primarily for ideological reasons but rather to advance narrow self-interests, the business of U.S. political class will necessarily be driven by the politics of the business class.

In a nutshell, yesterday's Supreme Court decision made it very likely that America will not be an effective leader in combating global warming or preserving global resources, it will not be able to effectively resolve the internal threats to its own society like a failing health care system, and it will pursue international policies that are driven less by the broad national interest and more by the agenda of companies that in fact, have increasingly little national identity.

In this respect, this compromise of the third and most important pillar of U.S. international leadership-democracy, may be the most damaging of all. We can repair, as the Obama administration has attempted to do, the abuses of the Bush years. But if the court's action does in effect institutionalize Calvin Coolidge's old idea that "the business of America is business" it will be impossible to either effectively redress the flaws in the American economic model or for us to continue to argue that the nation that was the most important pioneer of representative democracy will continue to be able to play that role.

Chip Somodevilla/Getty Images

 
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FREETRADER

6:44 AM ET

January 23, 2010

Overexcited nonsense

So the Supreme Court has just destroyed American democracy has it? Corporations may now be able to advocate for their interests -- as will labor unions -- but that doesn't give them either the right to vote or the right to control the agenda. Whatever the merits of the ruling, it will hardly change the way things work in Washington, for better or for worse.

 

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4:00 PM ET

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FMILLS

2:42 AM ET

January 24, 2010

This Op-Ed Does not belong on FP.Com

This guy is nothing more than another partisan alarmist. I won't waste my time responding to his embittered rants.

In my opinion, Op-Ed's like this belong in the Times or Newsweek and not here. The reasons should be obvious. I expect better from this site. I expect intellectual, well reasoned, and well constructed. I do not expect bitter, passionate opinions. I get plenty of that everywhere else I turn.

 

ZATHRAS

5:30 AM ET

January 24, 2010

A reach, but...

This isn't much of a hook for a post on a foreign policy blog. It will probably take foreign audiences years to figure out what the Citizens United decision means and what its consequences have been.

Having said that, three things stand out for me about Citizens United, and none of them are good.

The first is how it underscores the specialization of the Court's membership. We know that all nine Justices came to the Court from the appellate bench. Seven served as appellate judges in just one area of the country, the Northeast. None of them had had experience in private business outside the law. Two-thirds of Justices now serving even have the same religious creed (they are Catholics). And not one of the Justices now on the Court has ever run for, let alone served in, elective office. That a Court with such a narrow range of experience should have an incomplete understanding of how electoral politics actually work in this country should not be surprising. The fact is, this incomplete experience is reflected in the majority's reasoning in Citizens United.

The second thing that jumps out is how Justice Kennedy did in Citizens United essentially the same thing he did a few years ago in Lawrence. Given an opportunity to overreach, overturn a Court precedent and change laws he did not like, Kennedy took it. Deference to Congress and elected state legislatures as well as stare decisis went right out the window in both cases, in Lawrence because Kennedy decided he did not like the idea of morals laws and in Citizens United because Kennedy decided corporations should be able to spend as much money as they wanted on election campaigns. Liberals were happy with Lawrence and are unhappy with Citizens United because of what they thought of the legislative issues being ruled on -- but the point is that their opinions, and their votes, are irrelevant. So are everyone else's. Only Justice Kennedy and his eight colleagues get to vote about this kind of thing.

That leads to the third salient thing about Citizens United. In brief, this decision makes clear that Republicans and conservatives arguing for judicial restraint, from the Chief Justice on down, are doing so in bad faith.

As a Republican who believes in judicial restraint, this is a big and bitter pill for me to swallow. I have to assume that Republican advocates of judicial restraint, of deference to elected legislatures and to precedent, and of judges interpreting law rather than making it, either do not mean what they say or are so abjectly ignorant of the subject that they can repeat plainly misleading slogans over and over without being aware that this is what they are doing. A Republican Party that does not believe in judicial restraint is just a Democratic Party that wants to change different laws from the bench.

 

MOHAIR.SAM

9:09 PM ET

January 26, 2010

Excellent post, Zathras

I think you do a far better job of illuminating the real issues here than Mr. Rothkopf did—in this case, his post is little more than partisan posturing and sky-is-falling panic. Your point on the traditional conservative view of judicial restraint is exactly what bothers me so much about this decision, and I think your points about the homogenous makeup of the Court's justices is also well made.

With the now-former campaign laws intact, campaign coffers were only growing bigger all the time. Striking down those limits won't change that either way. No matter what rules get written for campaigns, there are hordes of DC lawyers prepared to find ways around the rules. It's a fool's errand to play whack-a-mole with the flow of money into D.C., but we are indeed governed by fools who depend on just that. Heck, Congress could ban the presence of money in D.C., and the phalanxes of attorneys would succeed in finding away to classify money as something other than money.

In a broader sense, it concerns me greatly that so many of our elected and appointed officials at the federal level seem to come from so narrow a stream, one mostly devoid of experience with ordinary folks. I guess it's really no surprise that it's inconceivable to so many in our federal government that monolithic legislative/regulatory solutions not only fail to perform as advertised, but often make the problems they allegedly address even worse. Given how much it costs to run a campaign at the federal (or state) level, it's no wonder that the powerful and well-connected remain that way.

 

COMRADE RED

6:09 PM ET

January 24, 2010

I'm not really that concerned.

The law that was struck down was passed in 2002. We've had elections for a long time before 2002, and the world didn't end before then when corporations were speaking out with cash.

It's certainly not the greatest thing that could happen, but I think democracy will be fine.

 

ANDY CARDENAS

3:12 PM ET

January 25, 2010

Democracy

What democracy?

 

DAVE123

9:53 PM ET

January 25, 2010

Still would like to know why

Still would like to know why this is the only FP blog without a permanant link on the FP webpage header.

 

BLUE13326

10:52 PM ET

January 25, 2010

Ummm...you do know where all

Ummm...you do know where all that Obama money really came from right??? He eschewed public financing because he was raking in the dough from Wall Street, so it's a bit late to play naive...

 

BOREDWELL

9:24 PM ET

February 9, 2010

Maladictus

The notion that corporations are individuals and therefore entitled to the same rights as citizens to participate in the electoral process is indeed a dangerous fiction as you state but it is, primarily, a consciously egregious decision to eviscerate the most humanistic aspect of our democracy, namely, that all men (people as opposed to entities) are created equal. Blacks and women have had to fight for equality. Gays continue that struggle. But corporations?! If anything, they've most recently revealed themselves to be the unrepentant architects of a hollow financial superstructure powered by avarice, gluttony, fraud and bad decisions. The scale of this corporate aggrandizement is proof that our democracy's institutional safeguards -SEC, Treasury, the Fed - have, in fact, aided and abetted these corporations to be less than model citizens. And the Supreme Court actually believes that they should be accorded a say in the political process?! The scriveners at BofA and Goldman among others must be rubbing their paws together with barely contained glee while their lobbyists are lining the pockets of their preferred candidates with cold hard cash. While China may be eventually experience the dawn of a new more democratic era we, on the other hand, seem to be in the twilight of ours.

 

David Rothkopf is the CEO and Editor-at-Large of Foreign Policy. His new book, "Power, Inc.: The Epic Rivalry Between Big Business and Government and the Reckoning that Lies Ahead" is due out from Farrar, Straus & Giroux on March 1.

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