In 2010, the Supreme Court ruled that limits on private political speech were unconstitutional — meaning anyone could spend as much as they wanted on political ads. The result was the pouring of money into elections from high rollers like Las Vegas casino magnate and Republican party super-donor Sheldon Adelson, who reportedly spent as much as $98 million on conservative causes in 2012. The decision also created what are also now known as SuperPACs.
— Forbes (@Forbes) September 30, 2014
According to the Center for Responsible Politics, the 2014 midterm election was the most expensive in U.S. history — and the candidate who spent the most on his or her campaign won in more than 80% of cases.
But there was a drop in the number of campaign donors. Republicans in particular dramatically reduced their reliance on small-time donations (less than $200) in favor of big money. Hundreds of millions of campaign dollars to both parties came from so-called "dark money" groups, who do not disclose who their donors are.
Tough Road Ahead
Since the Supreme Court saw limits on political spending as an infringement on the First Amendment’s guarantee of free speech, only the Supreme Court can overturn the Citizens United decision. Unless, that is, another amendment is added to the Constitution.
That is exactly what legislators in several states now want to do.
— DCCC (@dccc) December 8, 2014
In order to amend the Constitution without Congress, a Constitutional Convention must first be convened with the approval of two-thirds of the state legislatures.
The Constitution was last amended in 1992 with the 27th Amendment, requiring that any vote to increase congressional pay must take effect after an election of a new Congress.
The 26th Amendment was ratified in 1971 and gave anyone 18 years-old and older the right to vote.
Amending the Constitution is difficult. The Equal Rights Amendment guaranteeing equality to women, for instance, was introduced to Congress in 1923; it was passed by both houses of Congress in 1972, but went on to narrowly fail to get approved by the three-fourths of the states required for ratification.
— yosan. (@yoalemu) December 7, 2014
The Citizens United decision has proven very unpopular, and has already revealed its impact on elections for local and national offices. Spending by outside entities in 2014 equaled nearly $800 million, several times more than was spent in the prior midterm election in 2010.
That has a number of people upset, including State Senator William Delgado who proposed the recent Illinois resolution.
“It was the stated intention of the framers of the Constitution of the United States of America that the Congress of the United States of America should be 'dependent on the people alone,'” reads the Illinois state bill.
“That dependency has evolved from a dependency on the people alone to a dependency on those who spend excessively in elections, through campaigns or third-party groups.”
