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Thursday, January 28, 2010

State of The Union Take Away..."Not True." Justice Alito



During the State of The Union speech by President Obama our President chastised the Supreme Court over a recent ruling concerning corporate free speech. Our President went so far as to call on congress to do something about it.

President Obama:

"...Last week, the Supreme Court reversed a century of law to open the floodgates for special interests — including foreign corporations — to spend without limit in our elections," Obama said. "Well I don’t think American elections should be bankrolled by America’s most powerful interests, or worse, by foreign entities. They should be decided by the American people, and that’s why I’m urging Democrats and Republicans to pass a bill that helps to right this wrong."





Very unseemly, verging on intimidation and President Obama's "With all due deference to separation of powers" set up does not make it all OK. This is a breech of decorum and possible trespass of balance of power.

But is Justice Alito's reaction accurate? From Brad Smith:


The Court held that 2 U.S.C. Section 441a, which prohibits all corporate political spending, is unconstitutional. Foreign nationals, specifically defined to include foreign corporations, are prohibiting from making "a contribution or donation of money or anything of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State or local election" under 2 U.S.C. Section 441e, which was not at issue in the case. Foreign corporations are also prohibited, under 2 U.S.C. 441e, from making any contribution or donation to any committee of any political party, and they prohibited from making any "expenditure, independent expenditure, or disbursement for an electioneering communication... ."



It seems the President was misinformed and, as such, his statement that foreign corporations will be able to participate in our electoral process was not true.

Lastly, I am afraid this embarrassment will be the takeaway from President Obama's State of The Union speech and all else President Obama was attempting to achieve in his speech will be lost to his oafishness.


Video:





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