During this year’s State of the Union address, President Barack Obama and Justice Samuel Alito Jr. had a memorably public disagreement over the case of Citizens United v. FEC. “With all due deference to separation of powers,” the president said, “the Supreme Court reversed a century of law that I believe will open the floodgates for special interests…to spend without limit in our elections.” “Not true,” mouthed Alito from his front-row seat, shaking his head vigorously to ward off the thunderous applause following Obama’s remarks. Ignoring Alito’s unorthodox reaction (traditionally, the justices sit stone-faced throughout the address), Obama urged Congress to save America’s democracy from commercialization.
On April 29, Sen. Charles Schumer (D-N.Y.) and Rep. Chris Van Hollen (D-Md.) heeded the president’s cry by introducing legislation designed to curb corporate influence in federal elections. There are many things to like about the Democracy Is Strengthened by Casting Light On Spending in Elections Act (DISCLOSE Act). Most importantly, the act would enhance current disclosure and disclaimer requirements, forcing corporations to electioneer in the plain view of voters. Also key is a provision requiring corporations to disclose all political spending to their shareholders, thereby ensuring that a business’s equitable owners know how their money is being spent.
