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Constitutionalizing Corruption: Citizens United, its Conceptions of Political Corruption, and the Implications for Judicial Elections Campaigns

24 Pages Posted: 22 Feb 2012  

Ofer Raban

University of Oregon - School of Law

Date Written: February 22, 2012

Abstract

CITIZENS UNITED V. FEC invalidated a provision of the Bipartisan Campaign Reform Act (“BCRA”) that prohibited corporations and unions from spending money on “electioneering communication.” The decision — which was written by Justice Anthony Kennedy, a former lobbyist — was based on an exceedingly narrow definition of political corruption. This Article argues that the Court’s definition flies in the face of federal bribery laws, and that it fails to draw a meaningful distinction between corrupt and permissible political action. The Court’s poor reasoning is all the more unfortunate since, as this Article also explains, the Citizens United decision appears to be applicable to judicial elections as well.

Keywords: first amendment, campaign finance, citizens united, bribery

Suggested Citation

Raban, Ofer, Constitutionalizing Corruption: Citizens United, its Conceptions of Political Corruption, and the Implications for Judicial Elections Campaigns (February 22, 2012). University of San Francisco Law Review, Vol. 46, p. 479, 2012. Available at SSRN: https://ssrn.com/abstract=2009610

Ofer Raban (Contact Author)

University of Oregon - School of Law ( email )

1515 Agate Street
Eugene, OR Oregon 97403
United States

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