Citizens United and the Judicial Review of Campaign Finance
This paper examines the Supreme Court's Citizens United decision and its sweeping effects on American campaign finance and democratic governance. Drawing on Thomas B. Edsall's analysis in The New York Times, the paper argues that Citizens United — along with related rulings such as SpeechNow.org v. FEC — granted corporations unprecedented political spending power through Super PACs, thereby enabling wealthy donors to exert disproportionate influence over electoral outcomes. The paper reviews the decision's impact on the 2012 Republican primary, its implicit reversal of earlier precedent established by Justice Thurgood Marshall, and the broader tension between judicial authority and democratic integrity.
- Introduction: Citizens United and Democratic Concern: Overview of Citizens United and its democratic implications
- Activist Judges and Liberal Frustration with the Court: Historical context of judicial activism and liberal critique
- Super PACs and the 2012 Republican Primary: Corporate PAC money's role in Romney and Gingrich campaigns
- The Gap Between Theory and Practice in Campaign Finance: How PAC independence rules failed in real elections
- Overturning Precedent and Diluting Democratic Will: Citizens United reverses Marshall-era campaign finance precedent
- Conclusion: Corporate influence undermines democratic electoral outcomes
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What makes this paper effective
- The paper grounds its argument in a specific, well-chosen primary source — Edsall's New York Times analysis — and extracts targeted quotations that directly support each analytical point.
- It moves logically from the broad constitutional controversy to concrete electoral evidence (the 2012 Republican primary), giving abstract legal arguments real-world weight.
- The paper engages historical context effectively, invoking FDR's conflict with the conservative Court and Justice Marshall's 1990 dissent to show that Citizens United disrupted decades of established legal thinking.
Key academic technique demonstrated
The paper demonstrates effective use of source integration: rather than merely summarizing Edsall, the student uses his evidence as a springboard for independent analysis, distinguishing between what the Court intended and what actually occurred in practice. This technique — comparing legal theory with empirical political outcomes — is a strong model for policy-oriented legal analysis.
Structure breakdown
The paper opens with an introduction to Citizens United and its core controversy, then pivots to historical context around judicial activism. It narrows to a concrete case study of Super PAC spending in the 2012 Republican primary before broadening back out to assess the decision's long-term democratic implications and its reversal of prior precedent. The conclusion synthesizes these threads into a normative judgment about concentrated political power.
Introduction: Citizens United and Democratic Concern
One of the most controversial decisions in recent memory of the U.S. Supreme Court was that of Citizens United, which effectively declared corporations "persons" in terms of their ability to fund political campaigns through political action committees (PACs). According to Thomas B. Edsall's article "Cash and Carry" for The New York Times, Citizens United and "a series of related cases, especially SpeechNow.org v. Federal Election Commission, which was decided by the United States Court of Appeals for the District of Columbia Circuit, have not just gutted campaign-finance reform. They have undermined the democratic character of the presidential nomination process by empowering the rich to exert disproportionate control over it" (Edsall, 2012). Edsall excoriates the Citizens United decision, arguing it has fundamentally undermined the democratic process.
References
Edsall, T. B. (2012). Cash and carry. The New York Times. Retrieved from http://campaignstops.blogs.nytimes.com/2012/02/26/cash-and-carry/?ref=supremecourt
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