by Patrick Kibbe. Mr. Kibbe is a joint degree candidate in law and public policy at Harvard Law School and the Harvard Kennedy School. He is a member of Harvard’s ACS Student Chapter. This piece is cross-posted at Daily Kos, where it originally appeared.
Headed to the Supreme Court for oral arguments on October 8 is a case that could be worse for the American public than Citizens United v. FEC, and unleash countless millions of special interest dollars into political campaigns. In this case, McCutcheon and the Republican National Committee v. FEC, Shaun McCutcheon, an Alabama businessman, and the Republican National Committee have teamed up to try and eliminate the aggregate spending limits for federal elections that are in place.
Currently under federal law, there are base limits on spending (the amounts that you can give to a particular candidate or committee) and aggregate limits on spending (the amounts that you can contribute across all political candidates and committees). In a carefully orchestrated legal strategy, building off cases like Citizens United and Speechnow.org v. FEC, McCutcheon and the RNC are challenging the aggregate limits, but not the base limits for campaign contributions. In this way, McCutcheon and the RNC are seeking to chip away at federal protections designed to reduce corruption in politics.
But don't be fooled, McCutcheon and the RNC are trying to chip off a pretty huge chunk.
McCutcheon's view would blow the lid off the amount of money the super rich could contribute to campaigns and influence politics compared to the average American. According to the U.S. Census Bureau, the median American family makes $52,762 a year. What would be a reasonable limit that any individual, in accordance with a constitution that begins "We the people", could contribute to campaigns to ensure that elected officials represent all people and not only a select few? $10,000? $20,000? $52,762?
The current aggregate limits are set at $123,200, more than twice what an average American family makes in a year. And these are the limits that McCutcheon and the RNC are challenging. Under their view, any individual could contribute more than fifty times what an average American family makes in a year at $3.63 million.