a) A General Partnership with 4 million partners cannot function.Coito ergo sum wrote:They don't have to be incorporated. There is no reason they can't act as General Partnerships and still receive funds.Seth wrote:[
And that's what Citizen's United v. Feingold was all about. The Supreme Court overturned the "electioneering communications" aspects of the McCain-Feingold campaign finances act precisely because many corporations are formed expressly for the purposes of political advocacy, among whom are groups like PETA and the NRA. The Court held that corporations have a right of free political speech to protect the rights of the individuals who make up a corporation as its shareholders and employees. That's an aspect of corporate "personhood" with which I happen to agree. Political advocacy through advocacy groups, which must of necessity be incorporated for legal reasons (to receive funds) is indeed a fundamental right.
b) No limited liability applies to General Partnerships, and people aren't going to donate to an organization that does not limit their financial liability to their investment.
That's a tricky distinction to make, because other than a preference that commercial interests be subordinated to non-commercial interests - which is itself a political view - there is no reason why people engaged in commerce ought to shut up more than people not engaged in commerce.Seth wrote:
I would say, off hand, that there might be a rational distinction to be made between political or social advocacy corporations and purely commercial corporations in the law.
That's the conundrum, isn't it? Ban corporate contributions to prevent corruption, or allow them in order to be fair to all citizens.Why should Tom and Bill, who form an ice cream store and start selling ice cream not have their political opinions heard or allowed to the same extent as John and Frank, who form a "save the bluefina tuna" organization? Why should Tom and Bill's ice cream not be permitted to contribute money, but John and Frank's Save the Tuna corporation can? Other than having a political preference for people who don't sell stuff for money, there doesn't seem to be a legitimate reason for making that distinction - there certainly is no Constitutional difference in the US.
My preference is stricter scrutiny of politicians in office, and fiscal and legislative rules that prevent them from providing quid pro quo benefits to their contributors. A good start to that end is made by making "earmarking" of funds illegal, and the next step is to make it illegal for any law passed by Congress to mention or favor any business, corporation, person or industry in any way that exempts them from the provisions of the law as applicable to ordinary citizens or other companies.
Remove the power of legislators to favor campaign contributors and you remove most of the impetus to corruption.
Add to that rigid enforcement of anti-corruption laws by establishing a branch of the Justice Department solely responsible for examining politician's finances and voting records to look for any signs of corruption, and making political corruption a felony with a mandatory life sentence. That would add some teeth to the demand that our legislators act honestly and in the public interest at all times.
Then one might enact laws requiring that any meeting between a legislator and a constituent be recorded, transcribed and placed in the public record for anyone to review. The Constitution guarantees one the right to petition government for redress of grievances, but says nothing about such petitions being confidential or private. With today's technology, every such meeting could be video and audio recorded and posted on the representative's website, with severe penalties for failing to do so, like impeachment and jail.
After all, the public's business is the business of the public.