Category Archives: McCutcheon v. Federal Election Commission

Hot Air

Why Vote?

So, what’s the diff. between the Dems and the Republicans again?

You’ve heard this Q. many times. I’ve even wrassled with it myself a time or two. A quick glance at the last three presidencies — Bill Clinton’s, George W. Bush’s, and Barack Obama’s — might lead a common citizen to think they’d all three come from the same college fraternity, the one that also funneled dozens and dozens of future capos into the Goldman Sachs mob.

There’s a lot of truth in that assessment. But there exists a greater truth, and here’s proof:

Clinton & Obama: Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan, Sonia Sotomayor

Bush II: John Roberts, Samuel Alito

Yep, those are the US Supreme Court nominees of the last thee presidents. Justices selected by Clinton and Obama voted in the minority against yesterday’s Court’s decision (Schuette v. Coalition to Defend Affirmative Action) to uphold Michigan’s voter ban on racial quotas in college admissions. (Breyer, it should be noted, uncharacteristically joined the majority in Schuette.)

The Clinton/Obama gang also voted in the minority against

McCutcheon v. the Federal Election Commission: Removed limits on how much money individuals can contribute to candidates or political action committees in in campaign cycle.

Citizens United v. the Federal Election Commission: Corporations and other special interest organizations may contribute as much as they like to coandidates and political action committees in any given campaign cycle. This decision produced, as a byproduct, the concept of “corporate personhood.” It also led to the idea that a corporation’s money is the moral and legal equivalent to an individual’s free speech.

Shelby County v. Holder: The section of the Voting Rights Act allowing the federal government to monitor the voting rules of states that had previously allowed slavery and, later, had instituted Jim Crow laws was dismantled. This decision was immediately followed by several states enacting stringent voting restrictions.

The current majority in the Supreme Court also includes Saint Ronald Reagan’s boys, Anthony Kennedy and Antonin Scalia, as well as Pappy Bush’s nominee, Clarence Thomas.

Buttons

So, what can we glean? This: The conservative-dominated Supreme Court believes that the wealthy should have greater sway in the electoral process and that blacks are on their own, even in the face of long-standing, institutionalized prejudices and legal impediments.

Sorry if I sound didactic here today but the pressure’s on. It’s an election year — an off-year election, to be sure, but all 435 seats in the US House of Representatives are up for grabs. I don’t know what’s so off about that other than voters in this holy land usually don’t give a damn about non-presidential elections.

Conceivably, putative next prez, Hillary Clinton, could be forced to work with both a Senate and and a House dominated by Me Party-ists, Right Wingnuts, regressivists, Birchers, crytpto-racists, and the odd moderate Republican who somehow manages to slip through.

Good luck, Hillary, on getting a Supreme Court nominee through that thicket.

Hot Air

Legends Walked Among Us

Bloomington’s own cinema maven, Peter LoPilato was all dressed up with somewhere to go when he strolled into The Electron Pencil’s back office (some people call it Soma Coffee) yesterday AM.

This intrepid reporter grilled him re: his fancy duds — sports coat, collared short, freshly creased trousers and shiny (-ish) shoes.

“What’s up witchu?” sez I. BTW: I just happened to be uploading a pic of legendary film director and producer Roger Corman in my roll as online manager of LoPilato’s Ryder mag. The big feature this month is a long (repeat: lo-o-o-ong) profile of Corman, who just happens to be in town this weekend. Corman’s visit comes hot on the heels of that of mega-screen icon Meryl Streep who was in town earlier this week to cop an honorary degree from Indiana Unversity. Corman lectured at the IU Cinema yesterday afternoon and several of his films are featured there this weekend. (FYI: You missed The Wild Angels and The Trip yesterday. Today you can catch The Intruder, The Tomb of Ligeia, and a documentary, Corman’s World: Exploits of a Hollywood Rebel.

Streep/IU

Streep Fêted

I mention Corman because, mirabile dictu, he’s why LoPilato was togged up.

“I’m going out to lunch with Roger Corman,” he said.

I, of course, could only gasp, “Wow.”

Corman/Price

A Young Corman (l.) On A Set With Vincent Price

I fondled Peter’s lapel for a moment, hoping some of his cool could rub off on me, then pressed my interrogation. “Where are you two going?”

Peter LoPilato merely smiled and said, “I’m not at liberty to say.”

Harrumph.

Anyway, I hope Corman paid for the meal. Every time I ask the boss for a raise, he motions back over his shoulder at a small crowd of waifs, shoeless and forlorn, staring at me with hungry eyes. “I would, I swear it,” he says, invariably, “but I’ve got a family to feed.”

Funny thing is I thought Peter only had two kids. The magic of Hollywood, I imagine. Well, like I say, I hope Corman picked up the check.

Superlative Celloloid

My absolutely fave Corman flick is The Attack of the Giant Leeches (he produced it and, to be honest, his fingerprints are all over it). Somehow, on a microscopic budget, Corman and director Bernard Kowalski manage to recreate a steamy, indolent Louisiana bayou world so faithfully that you find yourself perspiring just watching the thing. They get a workmanlike performance out of horror film vet Bruno VeSota, playing his usual corpulent baddie. I don’t know which movie I prefer VeSota in, this one or Daddy-o with Dick Contino. Either way, he’s a treat.

Giant Leeches

VeSota & Yvette Vickers in “… Giant Leeches”

Oddly, though, despite the loving care Corman & Kowalski take in presenting an oppressive, heat-wilted world, their titled giant leeches look about as leech-like as, well, so many papier mâché Chinese New Year dragons. Then again, it’s got to be a challenge trying to make a leech scary. Slimy and gross? Sure. Scary? Uh-uh.

Giant Leeches

A Leech Carries Off A Victim

As long as we’re playing the association game, noted LA gruesome murder chronicler James Ellroy wrote a novella entitled, Dick Contino’s Blues. You can find it in Ellroy’s 1994 short story collection, Hollywood Nocturnes.

Daddy-o

Dick Contino Makes The Scene in “Daddy-o”

Back to Hollywood-comes-to-IU: Roger Corman and Meryl Streep represent two extremes of what the American filmmaking industry does best. Either one is aces by me, as opposed to Hollywood’s current penchant for recycling superheroes and Nicholas Sparks books.

Huh?

From an article in Aljazeera America:

Aljazeera Screenshot

Click Image To Read Full Article

Notice in the subhead where it warns about isolating kids from “the digital world of multitasking”? As if that’s a horror that must be avoided at all costs.

When I first saw this, I figured it was a satiric story, you know, where there author turns you around by saying We’d hate to have our precious snowflakes not be able to be psychological overwhelmed by multitasking and productivity pressures because, hell, who wants a kid that isn’t developing a stomach ulcer by 13 and isn’t on antidepressants by 15?

The author says kids today are part of the “net generation.” They learn by absorbing tons of information merely by darting like hummingbirds from one web page to the other. Earlier generations dove into books and concentrated for long periods of time. That’s old hat.

Information is the stuff that’s liable to fill your mind so much that there isn’t any room left for knowledge (this is me speaking). “Information is not knowledge,” Einstein has been credited with saying. It’s also believed he said, “Learning is experience. Everything else is just information.”

Yet, members of the net generation are happy as clams that their brain cases are crammed with data. Their parents, apparently, are giddy about this as well.

“Opponents to deep, immersive reading come from all directions. Among American boys, there remains a generations-old sense that books are for sissies; I remember this from my own childhood. For neoliberals and technocrats, reading novels is not ‘what the market wants.’ Concentrated reading doesn’t require ideological opposition to be endangered: The pace of contemporary life, even for children, means that there’s simply no time or energy left for it,” the author writes.

Man, that’s a lousy life.

Wither Our Nation?

So. I’m sitting in a booth at Opie Taylor’s with The Loved One and our friends Hondo & Les. We’re playing a raunchy, sick joke card game that Hondo’d bought on eBay because…, well, because the mere playing of it will condemn any and all participants to hell if such a place turns out to be real. I really think he’s daring the god neither of us believes in to damn him for all eternity. And, I guess, I’ll be following him.

Anyway, the talk turns, as usual, to how eff’d up this holy land is. The problem with guys like Hondo is they read and listen to too much Far Right palaver. It upsets their stomachs as well as their minds. The minute some minor candidate for the Nebraska statehouse says something like women enjoy being slapped around because then their slapping husbands and boyfriends go all out of their way to apologize and be nice to them, Hondo and his ilk send out urgent messages to the rest of us saying the whole country’s going insane.

Which it is. I just accept it, largely. Sure, I point out funny (in a sad way) wingnut things here on The Pencil and sometimes stamp my foot about Rand Paul or Kirk Cameron or Rick Santorum. But for the most part, I can’t really keep up with all the loons who have YouTube accounts or blogs through which they can lobby for the regression of America to those grand old days of the Salem witch trials.

Witch Trial, 1692

Good Old Days

I’m more attuned to the utterances of, say, the Reagan/Bush/Bush Supreme Court, especially when it rules that rich guys should own and operate all polling places. Then I’ll yell that the country’s going insane. Between the two of us, Hondo and me, we’ve got the wingnut-osphere covered, I suppose.

Back to lunch at Opie’s. I think it was Les who asked, “Well whaddya think’s gonna happen here over the next few years.”

Natch, I had a ready answer.

The sanctified, blessed, and exceptional Yewnited States of Murrica is in for some changes. As long as the Supremes have codified the establishment of a plutocratic ruling class, the have-nots among us are going to be more restless than ever. Sure, the US always has been run for the benefit of captains of industry and financial pirates, but throughout our history we’ve always pretended that the common citizen meant something herein. No more.

If you have scads of dough, you count much more than if you don’t. That’s law now. Once you shatter the illusion of equality, there is nothing left of the mythical American Dream. When dreams die, people panic.

Now, most of the pop. of this nation is too dense to grasp that a new overclass has been installed, officially, brazenly, and w/o apology. Too many of them think their grand old flag has been sullied by Mexicans sneaking over the border to become busboys and maids, women who want the gov’t to pay for their slut pills, gays and lesbians who want to eliminate every trace of heterosexuality in our precious snowflake children, and, of course, the Kenyan who has taken over as Dictator and Tyrant-in-Chief Forever.

And, yeah, a health care reform that’s turning us into New Stalinville.

While everybody’s shrieking over these imagine threats, John Roberts, Antonin Scalia, and their coatholders turned the keys over to the Koch Bros. and said, “Here. It’s yours.”

No matter why people think the USA has become the homeland of Satan, they’re fast losing any and all loyalty to the nation. The Bundy Ranch confrontation will be repeated with alarming regularity in the coming years. And one of these times, somebody’s trigger finger is going to get itchy. Once the first shot is fired, all bets are off.

Militia at Bundy Ranch

A desperate band of gunfondlers is coalescing these days, certain that the US has been taken over by the aforementioned evil people. They’re not terribly organized just yet; their only real commonality is the passel of hatemongers who bark at them daily over Right Wing talk radio and, to a lesser extent, via Fox News. But, book it, some demagogue is going to pop up. He’ll preach “defense” and separation. And a lot of people are going to fall into line behind him.

What have they got to lose? They don’t have jobs, money, or power.

Perhaps Texas will be the first state to make secession noises. Arizona and Utah may join in the chorus. Then we’re going to see some real breaking news.

Think it’s impossible? Why?

Hot Air

Drive, I Said

Pull out your wallet or your checkbook because the WFHB spring fund drive kicked off this morning. The beg-fest will run for 10 days, until a week from Sunday, and the station hopes to pocket some $40,000.

Kick in a sawbuck or two. Every little bit helps.

Spot Button

As part of the festivities, WFHB will bring independent radio savant David Barsamian to town on Sunday, April 10th. The founder of the Alternative Radio network will speak about Media, Capitalism, and the Environment. The talk begins at 7:00pm at the Bloomington-Monroe County Convention Center. Tix are $5 for the speech alone and $35 for the speech and a meet-and-greet with Barsamian after.

Barsamian

David Barsamian

WFHB News Director Alycin Bektesh worked her newshound paws to the bone to pull this special appearance off. Get tickets here. Barsamian, BTW, is forgoing his speaking fee so all proceeds go to the station.

April 4th, 1968

This day, 46 years ago, a racist drifter whacked Martin Luther King, Jr. Many believe evidence exists that the drifter’s stalking of the civil rights leader and Nobel Peace Prize winner was bankrolled by one or more wealthy segregationists.

For public consumption, President Lyndon Johnson shook his head and said it was a terrible thing. So did tons of governors, mayors, and chiefs of police. Their crocodile tears belied their relief that King was erased from the scene because he’d recently begun to talk about the enormous gulf between the haves and the have-nots as well as the evils of unfettered capitalism. That, my friends, was and is a mortal sin.

Abernathy & King

Ralph Abernathy Tends To The Mortally Wounded King — Note King’s Cigarette on Walkway (Photo/Life)

Meanwhile, acc’d’g to legend, when news of King’s slaying reached the FBI office, agents jumped out of their chairs and cheered.

You want a good, un-hysterical account of the assassination, read Hampton Sides’ Hellhound on His Trail.

All I know is April 4th, 1968, was the day I began to see this holy land in a more clear light.

Yer Out!

So, the Mozilla CEO up and quit his new job because of all the hollering over his financial support of California’s anti-LGBT Proposition 8 in 2008.

Brendan Eich gave a thousand bucks to the Proposition 8 forces, who fought tooth and nail to get an amendment into the state constitution banning marriage by anyone except Ma and Pa Kettle. The Prop 8-ers were successful at first, but the amendment was ultimately ruled unconstitutional.

Eich

Mozilla-ites Don’t Like Eich

Mozilla, and its flagship product Firefox, are positioned as toys of the people — young, hip, open-minded people, specifically. Throwing money at anti-same sex marriage bigots isn’t looked upon kindly by that demographic. So they screamed and Eich is out.

Which is fine by me. Well, sorta. I’m glad the dope is out but I’m made a little itchy by a loud public outcry costing someone his or her job. It all sounds a little tyranny-of-the-majority to me. We were just lucky — this time — that the object of righteous rage was a bigot.

The Rich Are Something Else

I’m here to guide you through the thickets of the legal and political systems which can be so confounding in this holy land.

For instance, many of us are wondering why the Supreme Court once again ruled against campaign finance regulations, using as its justification the 1st Amendment guarantee of free speech.

Many of us might say, Hey, wait a sec. What does money have to do with free speech?

The answer: Nothing.

Chief Justice John Roberts wrote the majority opinion in McCutcheon v. Federal Election Commission Wednesday, effectively allowing any and every rich guy to donate thousands, millions, or billions, if he so chooses, to candidates, parties, and PACs.The ruling ends whatever caps were left in place after the Citizens United decision in 2010. When the Big Robe writes an opinion, that means the majority thinks the case is mighty important.

They’re right. McCutcheon defines us as a nation.

See, an uber-wealthy political donor named Shaun McCutcheon wanted to plow ever greater piles of his money into the Republican Party and its candidates. The FEC said, Hold on there, pard, we’re trying to level the playing field here. McCutcheon and his lawyers responded by wringing their hands, weeping, gnashing their teeth — and suing, natch. McCutcheon figured, What’s the good of having all the dough in the world if I can’t buy a statehouse or two or even the White House?

Justices Roberts, Scalia, Thomas, Alito, and Kennedy agreed. They had to base their ruling on something that sounded high-minded and less venal than the real reason.

Follow me so far? Okay, let’s not bullshit each other or ourselves anymore. Let’s tell each other and ourselves the way it is.

For years our elementary school teachers, newspapers and television stations, flamboyantly patriotic candidates for elective office, and other purveyors of myth and nonsense have sung paeans to our democracy. One man, one vote. The voice of the people. The power of the ballot box. Hey buddy, my taxes pay your salary, and so on ad infinitum, bordering on ad nauseam.

You don’t buy that bologna (oh, alright, baloney), do you? I assume you don’t, otherwise you wouldn’t be reading these (almost) daily screeds.

Cheap Lunchmeat

Today’s Civics Lesson, Sliced

Cutting through the cheap lunchmeat that is politico-legal jargon today and, for that matter, has been every day since this great country arose from god’s mighty hand some 238 years ago, is really awfully easy.

Just remember that even though we pride ourselves on having a classless society and every man is a king and the rest of that blather, the dominant train of thought in this holy land holds that the rich are better human beings than the rest of us. That’s the truth.

And by rich, I mean rich. Not the schlub down the street who may have cracked the quarter-million-dollar-a-year salary threshold. He’s not rich. He’s comfortable. When his car breaks down, he can get it fixed without thinking much about it. He can even buy a brand new car if he wants. He won’t agonize over the decision. His car breaking down is not a disaster. For the rest of us, it may very well be.

But should our comfy neighbor lose his job, he and his family will start hurting sometime in the not too distant future. He may have a pile of dough today, but it won’t last him the rest of his life.

There are, though, people who’ll never have to work again until the day they die. Nor will their children or grandchildren. For that matter, every successive generation until these United States break up or are taken over by Mexicans or Russians or extra-terrestrials or whomever you envision in your paranoiac fever dreams will be rich enough to laugh at the very idea of work.

Work that puts bread on the table. For them, bread is always on the table. They are given bread as a birthright.

They are different than the rest of us. They are better.

We really believe that.

Real wealth in America buys and sells power. Real wealth can sway elections, get laws passed, regulations ignored, misdemeanors winked at, felonies fixed.

The rich — the real rich — are something different. They’re…, they’re…, well, they’re closer to god.

There’s your American dream.

The Reagan/Bush/Bush Supreme Court appointees voted in a bloc once again to codify the American belief that the rich not only are superior human beings but they should be allowed to elect presidents and governors and senators and even, if any of them is so inclined, the odd county commissioner or city clerk.

Money, Roberts and the boys have ruled, is everything.

That, kiddies, is America. And it ain’t no dream.