Is McCain Feingold Dead?

On January 21,2011 I will proudly celebrate the anniversary of The US Supreme Court decision in Citizens United v. FEC. The ruling effectively struck down some basic provisions of of The McCain-Feingold Act, or otherwise known as The Bipartisan Campaign Reform Act of 2002. I have always Contended that the Law was unconstitutional and needed serious revision especially when it comes to Corporate money. Yes, I don't think they should be able to donate directly to a candidate but they have every right to freedom of Political Speech. Justice Anthony Kennedy who authored the main opinion stated that there is “no basis for allowing the government to limit corporate independent expenditures.”

“There is no basis for the proposition that, in the political speech context, the government may impose restrictions on certain disfavored speakers,” he wrote. “The government may regulate corporate speech through disclaimer and disclosure requirements, but it may not suppress that speech altogether.”

And Citizen United President David Bossie stated "“As our case amply demonstrates, campaign finance legislation over the last two decades has imposed, as Justice Kennedy put it, a “censorship . . . vast in its reach.” By overruling Austin v. Michigan Chamber of Commerce and striking down McCain-Feingold’s ban on so-called electioneering communications, the Supreme Court has made possible the participation in our political process that is the right of every American citizen – a right that had been severely curtailed under McCain-Feingold .


Many on the left are clamoring for relief. In fact, Move to Amend has started a grassroots effort to amend the ruling. The organization states on their home page "Human beings are people; corporations are legal fictions." Sorry to burst your bubble "Move Aside", corporations are recognized by the law to have rights and responsibilities like natural persons ("people").

The 1st amendment is clear: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. It doesn't state "Congress may make a law", It says "Congress shall make no law." Now that's pretty specific.