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Commentary: Citizens United Decision’s Real Victim: Incumbent Protection Plans

Jonathan S. Tobin writes about how the Citizens United decision has leveled the playing field for challengers against incumbents:

The Times story attempts to paint such super PACs as tools of corporate interests, which fits in with the liberal critique of Citizens United as undermining democracy. But the real moral of this story is very different. By making it easier for groups to spend money promoting their ideas and/or opposing candidates, the court has destroyed the dynamic of most congressional races in which it was virtually impossible for challengers to raise enough money to take on entrenched incumbents. The victim of Citizens United isn’t democracy; it’s the laws and traditions of congressional politics that amounted to a near-foolproof incumbent protection plan. …

Incumbents always think there is something not quite kosher about anything that makes it easy for those out of power to hold them accountable. The mainstream media, which prizes its constitutionally protected right to exercise influence on elections, similarly looks askance at efforts to break up their monopoly on campaign information via campaign advertising. Citizens United has not injected more money into our political system since money has always been — and always will be — an integral part of campaigns. Though incumbents will always have great advantages, what the High Court has done is to tilt the playing field a little bit more towards the challengers. Though President Obama and the liberal chorus in which the Times plays a key role decries this change, what they are complaining about is more democracy, not less.

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Citizens United