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January 28, 2010
Alito's 'Not true' was correct
Much is being made of the president's peroration on the SCOTUS ruling last week permitting corporations to freely speak out on political matters in federal elections. As he spoke , attacking the Court, whose members were present, observers saw Justice Alito shake his head and say to himself "not true."
And he was right. President and purported constitutional scholar Obama was once again showing he has no idea about the law.
As Professor Bradley A. Smith observes in the National Review Online :
Tonight the president engaged in demogoguery of the worst kind, when he claimed that last week's Supreme Court decision in Citizens United v. FEC, "open[ed] the floodgates for special interests - including foreign corporations - to spend without limit in our elections. Well I don't think American elections should be bankrolled by America's most powerful interests, or worse, by foreign entities."The president's statement is false.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 ather thing 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... ."This is either blithering ignorance of the law, or demogoguery of the worst kind.
Blithering ignorance or demagoguery..tough call.
Edited to correct inaccurate report that Justices Scalia and Robert were not present. Hat tip: Barbara
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