SCOTUS McCutcheon ruling further erodes US democracy


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JusticeNot since Roe v. Wade has a  U.S. Supreme Court decision permeated the public consciousness quite like the Citizens United v. Federal Election Commission (FEC) case. In 2010, the nation’s highest court opened the campaign finance floodgates when – in a 5-4 decision – they sided with lawyers for the anti- Hillary Clinton political action committee (PAC) Citizens United who argued that PACs not be required to disclose their donors identities or the amounts of money they had contributed.

Bold and continuing campaign finance reform in our nations capitol began in Washington, D.C., in 1971 and continued until 2002. The 1971 Federal Election Campaign Act required the disclosure of donors’ identities and the amounts they contributed to federal election campaigns.

A little known Supreme Court decision that, at its heart, concluded that the spending of money equals free speech was handed down in 1976. A Supreme Court majority held that a key provision of the Campaign Finance Act, which limited expenditure on election campaigns was “unconstitutional”, and contrary to the First Amendment.

The leading opinion viewed spending money as a form of political “speech” which could not be restricted due to the First Amendment. The only interest was in preventing “corruption or its appearance”, and only personal contributions should be targeted because of the danger of “quid pro quo” exchanges.

The 2002 Bipartisan Campaign Reform Act – better known as the McCain-Feingold Act after the bill’s primary sponsors, Republican John McCain and Democrat Russ Feingold – strengthened restrictions, but did nothing to challenge or reverse the Supreme Court’s previous rulings.

Essentially, the Citizens United case boiled down to this.

According to the U.S. Constitution, corporations are afforded the same rights as people, and therefore should be given the same protections as individuals when it comes to political donations. This decision, by correlation, asserted that the spending of money equates to the exercise of our First Amendment rights to free speech. While the Supreme Court’s decision may be true to the letter of U.S. law, it raised a widespread concern amongst Americans as to whether corporations should, in fact and practice, be afforded the same rights as people, and whether the spending of money constituted free speech.

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Just this week, the Supreme Court dealt another blow to campaign finance reform advocates in the McCutcheon v. FEC ruling. In essence, the decision did not affect federal campaign finance laws, save for one small factor. Prior to the decision, individuals and PACs were forced to abide by a hard-and-fast limit on aggregated donations to political candidates or PACs in support or opposition to particular legislation or candidates.

Let’s look at it this way.

Prior to the McCutcheon decision, there was a limit as to what I could donate to any and all political campaigns within an election cycle. That cap was $123,200. I could spend that total in any way I saw fit, as long as  I abided by current FEC guidelines of  $2,600 per federal candidate in each primary and general election or $32,400 per PAC in each cycle.

While the Supreme Court’s decision did not eliminate the $2,600 or $32,400 guidelines, it did declare the cap of $123,200 unconstitutional. This means I can donate $2,600 to any candidate in any state, and $32,400 to any PAC in any state, without restrictions, up to infinity dollars.

If I had the money to do this, I would, but therein lies the rub.

I don’t.

You don’t.

98 percent of the people in the U.S. don’t.

The McCutcheon decision has basically told big time donors that they can start buying candidates and PACs throughout the country, and in turn buy legislative influence.

Unfortunately, the U.S. Supreme Court has rightly ruled in both of these cases. As they stand, the only way to rescind these decisions is to amend the U.S. Constitution to say plainly that corporations are not people, and spending money is not free speech. This is where the nationwide movement to amend the U.S. Constitution comes into play.

Amending the U.S. Constitution is no small task. 38 of the 50 states must ratify an amendment. Our first step in Rhode Island is to amend our own constitution. As it stands, the Rhode Island chapter of the Move(ment) to Amend has bills before both the R.I. Senate and House. On their face, these bills do nothing, but when combined with bills in other states, we send a loud and clear message to the U.S. Supreme Court, and our legislators in Washington.

CORPORATIONS ARE NOT PEOPLE.

SPENDING MONEY DOES NOT CONSTITUTE FREE SPEECH.

Please, for the sake of our country, and our children and grandchildren, sign the petition to amend our Constitution today.

Two views on SCOTUS campaign finance ruling


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supreme_court_building“If the court in Citizens United opened a door,” wrote Supreme Court Justice Stephen Breyer, “today’s decision may well open a floodgate.” But his was the dissenting opinion in the Supreme Court’s 5-4 ruling that strips back prohibitions on how much money people can give to candidates.

The New York Times called it “a sequel of sorts” to the highly controversial Citizens United ruling.

Senator Sheldon Whitehouse, a staunch advocate for campaign finance reform in the other direction, said in an email, “This is a step in the wrong direction for democracy. With these limits now gone, wealthy donors will be able to give millions of dollars directly to candidates and political parties. Money is getting more and more of a voice in Washington, while the voices of hardworking American voters matter less and less in our elections.”

But Sam Bell, who is running for Gordon Fox’s seat in the House, said there’s at least some evidence that our democracy can survive without limits on campaign donations from individuals. Here’s what he wrote in an email:

Campaign finance laws will be completely gone soon enough. But I’d like to offer some words of comfort: Things are pretty bad right now.  Big money already controls our politics.  Sure, it’s going to get worse.  But honestly, this is a battle we’ve already lost.  Before you get too discouraged, I encourage everyone to take a look at Oregon and Virginia.

Oregon is a moderately blue state, one that Obama won by twelve points.  Virginia, he won by 3 points.  Democrats control the Oregon state legislature and governorship.  In fact, Oregon was one of the first state legislatures to elect a progressive as Speaker (current US Senator Jeff Merkley).  Democrats have the governorship and a razor-thin majority in the Virginia Senate, although the House is solid red.  Compared to other swing states, that’s actually not so bad, especially considering Virginia only holds its elections in odd-numbered years, where Democrats are at an even worse turnout disadvantage.  Those states aren’t such horror stories.  And yet both of them have no campaign finance restrictions whatsoever. Corporations can actually give money directly to candidates. So even when things get much, much worse, all hope is not lost.

In total, 12 states have no limits on the amount of money individuals can give to candidates. They are: Alabama, Indiana, Iowa, Mississippi, Missouri, Nebraska, North Dakota, Oregon, Pennsylvania, Texas, Utah and Virginia. See how all the state handle it here.

Anti-poverty coalition rallies today for tax equity at State House


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Today in the State House Rotunda at 4:30 the newly formed “RI Mobilization Against Poverty”(RIMAP) is demanding bold action to address the economic woes of Rhode Islanders with plans that start with what Franklin Deleno Roosevelt called “the forgotten man” – the unemployed, the underemployed and the under-paid workers.

As growing wealth inequality pressurizes the streets, squeezing the middle class into poverty and those in poverty into despair, people of moral consciousness will not allow budget cuts to eviscerate what remains of the social safety net so that politicians can pad the bank rolls of the elite who fund their campaigns and profit off of side deals.

Mr. Elmer Gardiner of the George Wiley Center Leadership Committee explains:

“They recently announced that NORAD, the 7th largest auto importer in the US located in Quonset, are going to ‘create’ almost 300 new jobs paying only $10/hour -which means still they would be still economic slaves. We can’t be subsidizing these large corporations profits by paying for food stamps (SNAP) which wouldn’t be necessary if paid a living wage of $15/hour. Then these workers to have pride and self esteem, not feel that their work isn’t even enough to sustain themselves.”

antipovertyrallyWe have more people today living in poverty than at any time in the history of this country, including the highest rate of children in poverty of any industrialized nation. Here the top one percent owns 38% of all the wealth in America while the bottom 60% own 2.3% collectively. In fact one family, the Walton’s of WalMart, are worth 138 Billion Dollars, more than the bottom 40% own all together. At a freezing cold Black Friday protest, a student said had to quit his job at WalMart and work for a local business the pay wasn’t enough to live on. While protesters chanted “low pay is not OK,” Scott DuHammel of the Painters and Allied Trades Union said “I think this is a terrible situation. The workers obviously deserve more.”

In fact one family, the Walton’s of WalMart, are worth 138 Billion Dollars, more than the bottom 40% own all together. At a freezing cold Black Friday protest, a student said had to quit his job at WalMart and work for a local business the pay wasn’t enough to live on. While protesters chanted “low pay is not OK,” Scott DuHammel of the Painters and Allied Trades Union said “I think this is a terrible situation. The workers obviously deserve more.”

UniteHere has been confronting the same poor pay and benefits at the Renaissance Hotel and the Weston, where the owners multi-millionaire owners lawyer threatened the city with “consequences” if they were not given tax credits for a development project.

And the story is the same all across the service industry. A mother of two children on strike at Wendy’s said “I am tired of getting paid $7.75/hour, and that’s sad…after working there for 4 years.” Women across the country have been earning 78 cents compared to every dollar that a man earns for doing the same job. Carolyn Mark, President of RI National Organization of Woman elaborated. “The number is higher now – 84.8 cents to the dollar, although it’s much lower for women of color. The common wisdom is that it’s not that RI women are doing so much better than women around the country, but that men in Rhode Island are doing that much worse.”

Poverty is the root community problem creating a cycle of crime leading to do to lack of opportunity – a downward spiral caused by a lack of jobs and unequal quality, materials for and access to education which is the key to social mobility. John Prince, founding member of Direct Action for Rights and equality points out that victory of the Ban the Box campaign, which a means amends employment laws to limit inquiries like “have you ever been convicted of a crime” helps to break a cycle of economic inopportunely.  “I never heard a judge sentence anyone to a lifetime without employment. What we need now is for the City of Providence to finally enforce it’s First Source law to hire residents first so there are real jobs developed here.”

Today, the the House Finance Committee will be hearing Rep. Cimini’s bill H7471 would raise taxes by 2% for people making over $250,000 and Rep. Valencia’s Bill H7552 would raise taxes by 4% for people making over $200-250k. This is the way to raise revenues to develop the economy of the state, not by balancing the books on the backs of the poor and shrinking middle class. Austerity cuts are not an option. We need a law to raise the minimum wage to a living wage of $15/hour. Build Rhode Island “from the bottom up. Keep Martin Luther Kings Dream alive with action.

RIMAP is a coalition of organizations and individual from a wide array of backgrounds among anti-poverty, social justice, civil rights, women, human rights, community, labor, seniors, disabled, student, immigrant,  and LGBT with a steering committee modeled after tho one formed by Rev. Dr. Martin Luther King, Jr. in his Poor Peoples Campaign in 1967.

How the press won the speaker’s gavel


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tweets from useful reporters

Any realistic account of what happened last week when Representative Nick Mattiello became Speaker of the House has to account for the actions of our state’s media. Our state’s political press played an essential part of making Mattiello Speaker. The reporters will complain this is unfair, but let’s look at the time line.

On Friday, March 21, — while FBI agents were still in Gordon Fox’s office — golocalprov was tweeting exactly the rumors that Mattiello wanted everyone hear: that he had control, that he had the votes, that resistance is futile. Immediately afterward, Kim Kalunian of WPRO radio followed, and Dan McGowan at WPRI, too. Could Mattiello have realistically asked for more? These reporters let everyone know that it was Mattiello’s office to lose. At that point, coverage like that is what his bluff needed most.

tweets from useful reporters
tweets from useful reporters

On Friday evening, Mattiello held a “caucus” to shore up his support and only about two dozen people showed, up, far short of the number necessary to win the Speaker’s gavel. So we went to bed and woke up on Saturday, March 22, and then look what happened.  On Saturday, Mattiello was clearly losing, according to accounts I’ve heard and corroborated since. After some disarray on Friday, and Mattiello’s failure to show a clear majority on Friday night, what became Mike Marcello’s team had arranged a clear majority of the necessary votes.

But in the press, you had Channel 10 and Cranston Patch (or what’s left of it) reporting that Mattiello’s succession was a done deal. At the very least, this inaccurate reporting sowed confusion and at worst it actually interfered with the Marcello team being able to consolidate its gain. Apparently the confusion, plus a personal appeal from Paul Valletta, the firefighter’s union president, to the two Woonsocket representatives who are firefighters, started the erosion of Marcello’s support. Republicans Joe Trillo and Doreen Costa indicated that their caucus would weigh in, and would choose Mattiello, and they sped the erosion. But they were just trying to bet on the winners, since an hour before they had been supporting the other side.

Then on Sunday March 23, the next day, Kathy Gregg at the Providence Journal and Ian Donnis at RIPR buried Marcello’s team and that was pretty much that. As if what was won on Saturday couldn’t be lost on Sunday or Monday.

Randy Edgar made a little effort to report that it wasn’t a done deal on Sunday, but he was all alone so had no effect.

reporter bucking the tide
reporter bucking the tide

So what do we learn? The reporters named here will say that they had no choice but to report what was coming at them. Great, so political reportage necessarily resembles a mob? But not all reporters played along, as Randy Edgar and a few others showed. Even so, true or not, it is irrelevant to the point that the political press played a crucial role in making Nick Mattiello’s ascension to speaker possible. In their breathless chase of what’s happening right now right now right now, they amplified his claims to have the votes and seemed to ignore the possibility that anything else might happen. They served the powerful.

I hope the reporters whom I count among my friends will eventually forgive me for saying so, but in many ways the state’s political press did Nick Mattiello’s bidding, from the broadcast of his unsupported claims on Friday to this curious post on Monday where WPRI’s Ted Nesi said Mattiello won’t rock the boat and that his fervent embrace of every item of the Chamber of Commerce’s agenda constitutes being a “moderate.” (And, of course, since the Chamber’s agenda already ruled the House, Mattiello is unlikely to feel the boat needs rocking at all.) This kind of calming article was exactly what was needed to consolidate the Mattiello team’s votes, to prevent fear of a conservative takeover of the House. Which, of course, was precisely what was going on, as even that article makes clear.

I suppose it is possibly true that there is no other way to do political reporting except in a mob that provides support to those who already have power, but that seems a dubious proposition to me. Reporters have a responsibility to their readers, and a responsibility to the state they live in, and it seems to me that the responsibility is an individual sort. Actions have consequences and none of us are free from the moral dimension of those actions. There will likely be another election for Speaker after this fall’s elections, and will we see the same presumptions, the same blind repetition of idle boasts, the same rush? We will see.

Help Lilia Abbatematteo keep her home today


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Click on the photo to sign the petition.
Click on the photo to sign the petition.

Lilia Abbatematteo is still fighting off a wrongfully foreclosure. And tomorrow you can help her do so.

On Wednesday, 10 am, Direct Action for Rights and Equality activists with join Abbatematteo in front of her home at 129-131 Chapin Ave in Providence.

“DARE and the Tenant and Homeowner Association seek a resolution that keeps Ms. Abbatematteo, her family and tenants in their home,” according to a press release about the action. There will be “dozens of people, including local homeowners and tenants, holding signs and chanting to pressure Fannie Mae to negotiate a rental agreement for the residents of the property. Signs and banners reading ‘Stop Foreclosures and Evictions’ and ‘Don’t Evict, Negotiate.'”

Abbatematteo is being foreclosed because an administrative error on the bank’s part. She explains what happened here:

“In 2002 I co-signed a second mortgage with my mother and her then live-in partner, to help out a troubled family member. Through the years the mortgage was transferred between various banks. It ended up with Chase Bank for a while, but my name was no longer on the loan. This was traumatizing and made it impossible to get a modification after my mother’s death. I’ve tried to resolve the issue through phone call after phone call after phone call. I’ve even paid a law firm to get help. But the bank always refused to work with me.”

If you can’t make it tomorrow, please sign this petition.

Costa in as Speaker


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doreen-costaIn a surprise vote early this afternoon’s House session, Doreen Costa (R-North Kingstown), formerly vice chair of the House Judiciary Committee, was elected to Speaker of the House, effectively head of the state Democratic Party.

“I like most of what goes on here already,” the tea party conservative said. “The tax cuts, the abortion restrictions, the way gun laws don’t go anywhere — so you’ll hardly notice the difference. I just thought it would be good to put a woman in charge.”

“Of course I’m grateful to the members of the House,” she began, “but I’m especially grateful to Nicky Mattiello, who helped me understand how to do it.”

“It really wasn’t that hard at all. I just said I had enough votes to be Speaker, and that seemed to do the trick. After that, a favor her, another there, you let them know I’ll be in charge and take care of them, and they fall right in line. I owe it all to Nicky.”

 

The monstrous philosophy at the core of Alex & Ani


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AlexAniCarolyn Rafaelian, founder of the jewelry company Alex & Ani, an almost unique Rhode Island business success story, was interviewed by Mark Oppenheimer of the New York Times recently about her company and her astounding success.

Those moderately familiar with Alex & Ani’s jewelry line are aware of the pseudo-religious “new age” veneer the company puts on its products, and Oppenheimer wonders if the company is a “capitalist success story” or a “worldwide church,” before quickly declaring the answer to be “both.”

The core philosophy of Rafaelian’s church is monstrous and anti-human. Alex & Ani profits from selling a worldview based on fear and superstition, one that especially targets the gullible and ignorant. Worse, the company puts forth the idea that everyone deserves what they get, a sort of new-age Calvinism/prosperity gospel in which those who have good lives are reaping the benefits of the positive energy they put forth, and those who are struggling are the recipients of the life lessons needed to turn their sorry lives around.

Oppenheimer links Alex & Ani’s philosophy to Rhonda Byrne’s “The Secret” a 2006 book that highlights the importance of the “Law of Attraction” which says “if you put out good energy, good things will come back to you.” Oppenheimer explores this idea in the following exchange with Rafaelian:

On the flip side, the law of attraction implies that people are responsible for the bad things that befall them: put out bad energy, get back bad energy. Ms. Rafaelian said she does not believe that people bring tragedy on themselves. But when I proposed the hypothetical case of, say, a woman who had been raped multiple times, her reply suggested that if the woman was not to blame, somehow her energy was.

“That poor person may have to experience some horrific things until they learn something on such a subconscious level that they can elevate from that place, and they won’t have to deal with that experience again,” she said. “When these things happen over and over to the same people, they have to have their own space to remember their true beautiful self and say, ‘Physically and emotionally, this isn’t for me anymore.’ ”

Some people, it seems, need to be repeatedly raped before they learn the valuable life lessons they need. Hold on a second, I have to throw up…

Okay, I’m back. I submit that no decent person can truly believe this twaddle whose mind is not completely overtaken with trite platitudes, theological nonsense and class privilege. Rafaelian’s statements to Oppenheimer are obscene, monstrous, anti-human and nauseating.

The idea that people are always and ultimately responsible for their lot in life should be immediately recognizable as idiocy. Were all the passengers aboard Malaysia Airlines Flight 370 putting bad energy out into the universe? Are the children being treated at the Dana-Farber Cancer Institute in need of valuable life lessons? How many homeless people need to say “physically and emotionally, this isn’t for me anymore” before than can secure safe living spaces?

The philosophical ideas of Alex & Ani are narcissistic nonsense that insults the dignity of those who are leading impossibly difficult lives. Further, selling jewelry under the claim that “they hold vibration of pure energy, healing love” and that before being sold “every product has been blessed by my priests, it has been blessed by my shaman friends, protected from radio frequency, from radioactivity” may not be illegal, but it is certainly morally reprehensible. These claims are bullshit, and every penny that supports such bullshit does so at the expense of those the money spent could have helped.


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