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Campaign finance ruling impacts tribes

By Rob Capriccioso

WASHINGTON – Many tribes already have trouble getting their voices heard in the American political system. A controversial Supreme Court campaign finance ruling may amplify the problem, according to political observers.

The ruling, handed down Jan. 21, throws out some major campaign finance rules, removing contribution limits on major corporations and unions.

The case, Citizens United v. Federal Election Commission centered on whether key parts of the Bipartisan Campaign Reform Act, better known as McCain-Feingold, were constitutional.

Passed in 2002, the legislation made it a federal felony for a corporation to use any of its funds to criticize a candidate for federal office within 30 days of a primary election or 60 days of a November general election.

In a 5-4 decision, the high court decided that the legislation amounted to the federal government censoring organizations, which is unconstitutional. The minority said the decision was flawed because it ended up treating the voices of corporations as similar to those of people.

Tribal observers largely said the outcome could negatively impact tribes, as few have the kinds of influence with lawmakers as corporations and unions have. By lessening restrictions on those groups, many said the court has made it all the more difficult for tribes to be heard in the American political system.

“Native American interests have already been largely ignored in Washington,” said Heather Dawn Thompson, past president of the National Native American Bar Association and partner at the D.C. law firm Sonnenschein Nath & Rosenthal.

“Even before this ruling, it has been an uphill battle for tribes with corporate and union interests active in political contributing, often against tribal interests.”

Thompson, who worked on getting the McCain-Feingold legislation passed when she was previously employed with the Appleseed Foundation, said she feared the decision will force the Native voice to the bottom of the agenda.

Daniel McCool, a political science professor at the University of Utah, agreed with the negative assessment. He said the ruling means that in a variety of areas where tribes have keen interests, like health care, banking and gaming, they will simply be widely outspent.

“In general, it’s a bad decision for the Democratic process, but particularly for Native Americans,” said McCool, co-author of the 2007 book “Native Vote: American Indians, the Voting Rights Act, and the Right to Vote.”

“It will concentrate enormous power in the hands of the richest elements: big corporations, trade associations, and wealthy individuals. There is no way that tribes, or anyone else, can compete with the level of money that these well-funded interests will throw into the political process.”

The one situation where McCool envisions that the ruling could benefit a tribe is in a local or rural race where a successful gaming tribe can afford to campaign on behalf of a friendly candidate.

“But what’s the wealthiest tribe compared to Exxon?” McCool asked. “Who can fund the greatest number of commercials?”

Gavin Clarkson, a tribal finance expert with the University of Houston Law Center, said the ruling could play out okay for tribes that can afford to make costly donations, but poorer tribes could face problems.

Kalyn Free, founder and president of the Indigenous Democratic Network political action organization, said the ruling offers all the more reason for Native Americans to get involved in the political system.

“The Supreme Court decision is bad all the way around for those who want and need representatives that are responsive to human interests, not corporate interests.

“But tribes can flex their political clout by supporting our own tribal members, so we are building farm teams that can run for higher office later as well as represent our interests at the local and state level now.”

President Barack Obama and many Democrats are strongly opposed to the ruling, and have promised to take action, although a constitutional fix would likely be needed, and those are rare.

“This ruling opens the floodgates for an unlimited amount of special interest money into our democracy,” the president said in his weekly radio and Internet message.

“It gives the special interest lobbyists new leverage to spend millions on advertising to persuade elected officials to vote their way – or to punish those who don’t.”

Saturday, Feb 13 at 5:25 PM TheDrifter wrote ...

Scott Brown was not elected in Massachusetts by corporate donations. He was elected by an organized group of people. Martha Coakley was the candidate in Washington, DC meeting with big lobby. Democrats are quick to vilify the other party, when they are in the pocket of lawyers and unions. Our local Congressional race in 2008 had an abundance of union sponsored campaign ads for the Dem and there was almost nothing for the other candidates. The playing field has been re-leveled and Dems are upset, BoooHooo. If you want to stay on the reservation and complain, so be it, or you can get out and make a difference. The only one who can change your situation is YOU. I hope for your sake, you get out and help those who support your cause. I support you, and it would be a miscarriage of justice if I could not get your help in getting me elected, should I ever decide to run for office.

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Friday, Feb 5 at 2:28 PM Been there wrote ...

Look at contributions to individual candidates by corporate or special interests then compare those contributions given to political parties. Both parties but especially the Democratic Party financially benefit from corporate and special interest involvement. This issue is more a smoke screen for on Party to maintain control over the financial pie. Obamba and the Democratic Party gave tax payer fundeded relief to Unions and housing Czars. How do you square up all the outrage and ignore documented history? It is easy to view candidate web pages to see for yourself they are in the pocket of special interests. Candidates display special corporate and special interest endorsements as if garnering badges of honor. Those endorsements speak to membership, this is the candidate you vote for. Ask youself is the media involved with this smokescreen?

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Thursday, Feb 4 at 10:51 PM Skinwalker wrote ...

Department of interior though the BIA out sourcing best interest have been political contribution. Now you think a tribe with no water,power,resourses given away,needs to reach into a washington DC pirate industry. Just what does the price of being a human being going to change. Unless some short cut is made for slave labor on indian reservation the Bio warfare has yet to out do the colt,wingchester,gatling gun,black power etc.. developed so rigth to bare arms wild savage framing. Our world is based on forever not a value set by a get fast everything invader more broke. The tech world is alert to small is real when quality and pure blood line is held sacred. Name brand pricing for doing life is not any where close to wild with wind,water,sky,beauty etc... The big hungry molester has spread it's perversion enough to humor the worst price tag. There is no address to this sweatlodge,longhouse,hogan,teepee,womb of peace beyond. Greed for being incharge of nothing they take to death

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Thursday, Feb 4 at 1:38 PM comment wrote ...

Kalyn Free's argument makes sense.

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Thursday, Feb 4 at 1:14 PM UNKNOWN wrote ...

The old saying still rings true. " Its a goverment of the few for the few and by the few.

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