Whitehouse's concerns extend beyond these cases to a broader critique of the Supreme Court's engagement with "phony front groups" and the impact of dark money in the legal process, which he discusses in his podcast "Making the Case." He and his guests examine how these factors have contributed to what they view as a "captured Court" that favors corporate interests and undermines democratic protections.
Whitehouse also connects these issues to a broader historical context, tracing the influence of corporate interests on the Court back to decisions and actions taken as far back as the Nixon administration. He emphasizes a continuous effort to establish corporate personhood and the equivalence of money to speech, culminating in decisions like Citizens United. This history showcases an ongoing struggle over the role of money in politics and the influence of corporate and dark money on the judiciary.
These developments, in my opinion, are one of the principal threats to the continuity of small-d democracy in our country.
Another is the fast and loose trashing of financial restrictions on Federal officials practiced by Trump and his administration, as discussed in detail by the brilliant David Cay Johnston. He points out that the founders of the Second American Republic (ours), after the failure of the Articles of Confederation, were particularly concerned about the effect of bribery and monetary influence. The emoluments clause, and provisions in the Constitution prohibiting the administration or Congress from taking money from states, foreign interests, or private companies or individuals due to the inherently corrosive effect of money on democratic processes. Trump immediately discarded any remnant of such principles, refusing to insulate his governance from the influence of money, or even disclose the improper financial arrangements. One could go on and on about this, but the point is the precedent is set, and without reversing Citizens United and significantly toughening the rules for financial incentives, the Founders' attempts to provide the nation with a government free of undue influence will have well and truly, and finally, failed.
It is our job as citizens to make sure this situation is fixed, and it's just as important as economic or foreign policy; probably moreso as it will determine whether the country founded in 1789 really still persists, or does so only in name.
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