A Countervailing Constitutional Argument against Citizens United v Federal Election Commission 2010: The right to Confidence and Republican Government
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Date
2012-06
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Publisher
The Ohio State University
Abstract
I challenge the Supreme Court decision in Citizens United v FEC by providing a countervailing argument that the constitutional right to republican government is not being met. I draw on republican democratic theory to define the role of the state, as well as the instutition of voting. I analyze public opinion data to reveal that the government is not responsive to the needs of the people. The data conflicts with many notions of republican theory. I juxtapose this conflict with the majority opinion to further expose flaws in the decision. Finally, I discuss deliberative principles that should have been considered to ensure that republican government ideals were being met rather than violated by the Court.
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Keywords
Citizens United, Government, Political Theory, Supreme Court, Campaign Finance, Republican Theory