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本文为大家推荐的是来源于Vanity Fair的一篇文章——Did the Supreme Court Make the Right Decision
in the Citizens United Case After All?作者是 Michael Kinsley.
文章内容:
Did the Supreme Court Make the Right Decision in the Citizens United Case
After All?
By Michael Kinsley
Few Supreme Court decisions have been memorable—and even fewer have been
notoriously wrong. Michael Kinsley examines how the controversial Citizens
United v. Federal Election Commission case simply upheld a core national value
(and maybe not the one you think).
For all the fuss about Supreme Court nominations, very few Supreme Court
decisions are actually remembered by history, and even fewer are notorious for
getting it wrong. In fact, there are really only three: Dred Scott (1857), which
upheld slavery; Plessy v. Ferguson (1896), which upheld racial segregation; and
Bowers v. Hardwick (1986), which upheld state anti-sodomy laws. It took the
Civil War to overturn Dred Scott. Plessy v. Ferguson was reversed 58 years after
it was issued (in the most famous Supreme Court case of all, Brown v. Board of
Education of Topeka). It took only 17 years for the court to decide, in Lawrence
v. Texas (2003), that it had made a mistake, and to reverse Bowers v.
Hardwick.
Any others? Well, Bush v. Gore, which decided the 2000 election, would
certainly be on my list of disgraceful Supreme Court decisions, but the
circumstances were so bizarre that they are unlikely to arise again.
Conservatives hope the historical consensus about famously bad Supreme Court
decisions will extend someday to Roe v. Wade (1973), the decision legalizing
abortion. Liberals hope that someday the Lousy Decision Hall of Fame will
include Citizens United v. Federal Election Commission (2010), which held that
corporations (and unions) have the right to free speech under the First
Amendment.
Already, Citizens United is probably the one Supreme Court decision since
Roe that is despised by name, though these decisions are despised by different
groups. For conservatives, Roe v. Wade has become shorthand for the profusion of
new, judge-created “rights” in the 1960s and alleged liberal excess of all
sorts. For liberals, Citizens United has come to represent the nefarious role of
money in politics, which many feel has eroded if not destroyed our democracy.
Money is blamed above all this year for Donald Trump, although Citizens United
doesn't apply to him if, as is widely supposed, he is a human being and not a
legal fiction. More generally, big business will always be bigger than small
business, and rich people will always have more money than poor people. Should
that entitle them to more influence on the political process? (A further
complication is that rich companies are owned not by rich people, by and large,
but by pension funds, which are holding the money on behalf of the middle
class.)
‘Money isn't speech” and “corporations aren't people” are the mantras of
Citizens United critics. Citizens United happens to be a group that wanted to
distribute a documentary about Hillary Clinton. It had already been established,
in Buckley v. Valeo (1976), that anyone has a First Amendment right to spend his
or her own money advancing his or her own cause, including a candidacy for
political office. Citizens United extended this right to legally created
“persons” such as corporations and unions.
The First Amendment right of free speech is generally considered to be a
liberal cause. So it's disappointing to see how quickly liberals abandon it when
the speech is something they disagree with. Money isn't speech? Ridiculous. Of
course it is. The very act of spending money sends a message, like “liking”
something on Facebook. Also, it takes money to “speak.” It's precisely because
people and organizations that have more money can speak more (more TV
commercials, more lawn signs) and speak more loudly (perhaps a better class of
political consultant) that the court's conclusion in Citizens United bothers
people so much. At the same time, no amount of money automatically translates
into a certain amount of influence over the political process. Arianna
Huffington's husband spent almost $30 million in a futile attempt to win a
Senate seat from California. He lost and today, despite his marriage to and
divorce from Arianna Huffington, his views on anything don't carry a lot of
weight. (“Not true, darling. Not true at all,” says Arianna. “I always consult
with Michael before endorsing a Supreme Court nominee.”)
The analogy I like (as did the Supreme Court in its ruling) is to a
newspaper. Suppose Citizens United were reversed and President Trump decided one
day that he was sick of The New York Times. So he proposes a law setting a
ceiling on the amount any individual or organization can spend putting out a
newspaper. Constitutional? I hope not. But it's hard to see the difference in
principle between this and a law limiting the amount a corporation or union may
spend promoting a political candidate.
Justice Anthony Kennedy, who wrote the 5–4 opinion in the Citizens United
case, spends much of his time swatting flies. The laws that Citizens United
overturns specifically exempt media companies. What is a media company and why
should a media company get special treatment? On the other hand, if media
companies don't get special treatment, the law even more clearly violates the
First Amendment. For that matter, what is an “electioneering communication”?
That's what you couldn't do within 60 days of an election (30 days for a
primary) if you wanted to stay on the right side of the law before the court
tossed the law out. “The First Amendment,” Kennedy wrote, “does not permit laws
that force speakers to retain a campaign finance attorney, conduct demographic
marketing research, or seek declaratory rulings before discussing the most
salient political issues of our day.”
You can't deny that there's a problem: big corporations and rich people do
have too much influence, should pay more taxes, and so on. Can anything be done
about this? Sure—even the Constitution is not immutable. If you don't like
something in the Constitution, you are not without recourse. You can always try
for a constitutional amendment. There are several out there now, addressing the
unpopularity of Citizens United. Versions differ, but all of the proposed
amendments aspire to overturn the Supreme Court ruling and re-install
contribution limits in federal elections. I don't know about you, but I get
nervous when people start talking constitutional amendment. Who knows what else
will sneak into the Constitution while everybody is looking the other way? You
head to Philadelphia (for old times' sake) with a pencil and a big eraser,
intent on cleaning up this First Amendment mess and maybe, if there's time, also
using your eraser on the Second, with its “right to bear arms.” (I mean, what
were they thinking?) You turn your back for a moment, just to remind yourself
what's in Amendment 19 (giving women the vote) or Article I, Section 6, of the
Constitution (a nice one, enumerating when and where members of Congress can be
arrested), and suddenly someone has run away with the 14th and it's
unconstitutional to make a salad without balsamic vinegar.
Anyway, you can't easily amend your way out of the problems raised by
Citizens United, as you can the problems raised by, say, the Second Amendment:
Citizens United, unlike the Second Amendment, is not an out-of-date decision
that needs to be rehabbed. It was a good decision. It was correctly decided. It
is not in there by historical accident. It should not be reversed. The proper
way to “fix” the problem that many people see is to change people's minds, not
to change the Constitution, which would require inserting language into the
First Amendment that directly violates First Amendment values. First Amendment
values say that if you want a more “level playing field” you must raise the low
ground. You can't level the playing field by lowering the high ground.
And the whole problem might be solved by Stein's Law (named for the late
economist Herb Stein): “If something cannot go on forever, it will stop.” If
enough people are enraged enough by the imbalance of political power caused by
money, they will vote against big money, which will turn it into a negative.
(原文地址:http://www.vanityfair.com/news/2016/04/supreme-court-citizens-united-case-decision)
以上就是文章全文了,文章来源于Vanity Fair,5月7日亚太首考写作部分的阅读文章就是来源于这本杂志。文章讨论的是政治类话题,小伙伴们可以先练习阅读文章,归纳文章的论点和中心思想以及文章中作者使用的分析论技巧,最后就是尝试着写作。
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