Update from the House Judiciary subcommittee on constitution: Q & A

Rep. Jerry Nadler (D-N.Y.) begins the questioning. Starts with a hypothetical..."if corporations are now people, can we sentence them the same way when they break campaign finance laws?" Then asks Sean Parnell of the Center for Competitive Politics if democracy is stifled if a corporation spends millions in a local race, drowning out other office-seekers. Parnell doesn't think that democracy is stifled. He says the concern is misplaced because if voters are not bright enough to understand that the money funding the local campaign is coming from a corporation, then "that's just the way it is."

Rep. Melvin Watt (D-N.C.) jumps in...reminds folks that corporations are not ideological, but after this decision, can feeely spend shareholders money without their permission. Rep. Nadler chimes in, asking Prof. Tribe whether a corporation could say to an elected official that we have $10 million for or against you depending on how you vote? Tribe answers yes.

The Brennan Center's Monica Youn comments that corporate spending is regulated all the time (at least before Citizens United), but now the Citizens United ruling allows them to spend freely to "take you out," without any reprecussion on potential smears.

Next up, Rep. Steve King (R-Iowa). He expresses concern that corporations are intimidated and cannot express their point of view in politics. Monica Youn quickly makes the distiction between intimidation and censorship. Now there is neither. Sean Parnell jumps in to make the point that everyone "needs m oney for their message."

Rep. Sheila Jackson Lee (D-Texas) asks Prof. Tribe what legislative fix could be enacted. Tribe reiterates earlier points, including Fair Elections. Youn jumps in to point out that Citizens United has taken most of the legislative fixes off the table.

Rep. Hank Johnson (D-Ga.) is up. He asks Parnell whether corporations should be able to vote now that they have the same rights as "people." Parnell says no. Rep. Johnson then hypothetically asks "don't you think citizens are adversely affected by this decision.

Rep. Scott wants to know what can get us back to pre-Citizens United. Tribe responds "not much." Scott then brings up public financing...he mistakingly believes that it restricts a public financing candidate. Of course the Fair Elections Now Act (H.R. 1826) does not. Fair Elections candidates would be allowed to raise unlimited small donations.   

That's all for now. Stay tuned for updates from the House Administration hearing beginning shortly.