{"title":"修正案的转移:克林顿、民主党人,甚至桑德斯如何通过推广无用的补救措施,转移人们对有效策略的注意力——第一册:希拉里·克林顿和黑钱披露的“支柱”","authors":"Robert P. Hager","doi":"10.2139/SSRN.2722336","DOIUrl":null,"url":null,"abstract":"The 2016 election campaign's defining issue is the recovery of democracy from the death grip of plutocracy. The reform proposals that are supported at the outset of the primary season by Democrats and their leading presidential candidates are all inadequate for the task. This study provides a critical analysis of the current set of the widely promoted proposals on this issue of money in politics. It features those of the Democratic candidates and the congressional party. The analysis of these proposals functions as a strategy primer on the subject of money in politics for purposes of wisely assessing the widely promoted but misleading and terminally ineffective strategies. This helps open space for identifying and formulating effective strategies. Democrats and their professional activist allies, including celebrity activists and non-profit organizations have not been credible sources of strategic advice on the issue of money in politics. Their priority is the marketability of soundbite strategies, not effective political strategy. The current proposals are necessarily deficient because they all start from the erroneous assumption that the Constitution was written to establish a corrupt plutocracy and that it must therefore now be amended to enable democracy.This premise asks us to believe, without evidence, that the framers' professed intention to establish a democracy legitimized solely by the consent of the governed must now be considered to have been an elaborate fraud because five undistinguished Supreme Court justices tell us, two centuries later, that their Constitution mandates a plutocracy where money buys legitimacy. It is safe to say that the framers, who never said any such thing in the many volumes they wrote about the Constitution, are more reliable sources on this question than two Reagan and three Bush family appointees elevated from deserved obscurity to serve political ends.The active form of the Amendment Diversion is advocacy of a constitutional amendment as the only solution to plutocracy. This advocacy is most often phrased as having the purpose of \"overturning Citizens United,\" which would only leave in place the noxious root of the problem, which is Buckley v Valeo (1976). Such advocacy often takes the form of the mere concept of an amendment, little more than the quoted phrase, thereby avoiding the devilish detail of producing actual text. Amendment proposals that are reduced to text, upon analysis, are found to have perverse unintended consequences.Alternative diversionary proposals instruct us that the only available remedies short of such an amendment are a set of ineffective shopworn piecemeal reforms that comply with the Supreme Court's judicial supremacist interpretations. These interpretations reflect the Court's own plutocratic Constitution, nowhere to be found in the text of the original document. Servile compliance with the Supreme Courts' illegitimate plutocratic amendment of the Constitution is the passive form of the Amendment Diversion.This series on \"The Amendment Diversion\" is contained in three \"Books\" to be published in 2016. Book I describes Hillary Clinton's reform proposal which is so minimally piecemeal as to be probably counterproductive. Her proposals explore just how thinly a piecemeal reform of money in politics can be sliced so as not to offend her donors, while appearing to offer substance. In this effort she embraces President Obama's example of how Democrats avoid offending their plutocratic backers while throwing spare soundbites to their uninformed and effectively disenfranchised voters.Hillary Clinton is campaigning on her experience and pragmatism. But pragmatism in the form of piecemeal, gradualist, incremental reform of systemic corruption tends to only make it worse. Clinton's proposals on money in politics so vastly underestimate what it takes to reform a systemically corrupt government that it draws into question her fundamental understanding of the subject. Nor is Clinton's experience with this issue during her service as Secretary of State a recommendation for her candidacy. Instead of attesting to her knowledge, Clinton's experience confirms that she lacks either understanding of or concern about the centrality of the issue of systemic corruption. Her direct intervention to derail anti-corruption programs in Afghanistan contributed to the current precarious status of the Kabul government, and to rendering futile the longest war in American History. Even if Clinton's proposals are not necessarily different in significant ways from her opponent Bernie Sanders' current proposals, her relevant experience, pragmatic approach and lack of determined resolve is the opposite of what is needed to remedy the defining problem of the era.","PeriodicalId":227775,"journal":{"name":"LSN: Judicial Review (Topic)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2016-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Amendment Diversion: How Clinton, the Democrats, and Even Sanders Distract Attention from Effective Strategies for Too Much Money in Politics by Promoting Futile Remedies -- Book I: Hillary Clinton and the Dark Money Disclosure 'Pillar'\",\"authors\":\"Robert P. Hager\",\"doi\":\"10.2139/SSRN.2722336\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The 2016 election campaign's defining issue is the recovery of democracy from the death grip of plutocracy. The reform proposals that are supported at the outset of the primary season by Democrats and their leading presidential candidates are all inadequate for the task. This study provides a critical analysis of the current set of the widely promoted proposals on this issue of money in politics. It features those of the Democratic candidates and the congressional party. The analysis of these proposals functions as a strategy primer on the subject of money in politics for purposes of wisely assessing the widely promoted but misleading and terminally ineffective strategies. This helps open space for identifying and formulating effective strategies. Democrats and their professional activist allies, including celebrity activists and non-profit organizations have not been credible sources of strategic advice on the issue of money in politics. Their priority is the marketability of soundbite strategies, not effective political strategy. The current proposals are necessarily deficient because they all start from the erroneous assumption that the Constitution was written to establish a corrupt plutocracy and that it must therefore now be amended to enable democracy.This premise asks us to believe, without evidence, that the framers' professed intention to establish a democracy legitimized solely by the consent of the governed must now be considered to have been an elaborate fraud because five undistinguished Supreme Court justices tell us, two centuries later, that their Constitution mandates a plutocracy where money buys legitimacy. It is safe to say that the framers, who never said any such thing in the many volumes they wrote about the Constitution, are more reliable sources on this question than two Reagan and three Bush family appointees elevated from deserved obscurity to serve political ends.The active form of the Amendment Diversion is advocacy of a constitutional amendment as the only solution to plutocracy. This advocacy is most often phrased as having the purpose of \\\"overturning Citizens United,\\\" which would only leave in place the noxious root of the problem, which is Buckley v Valeo (1976). Such advocacy often takes the form of the mere concept of an amendment, little more than the quoted phrase, thereby avoiding the devilish detail of producing actual text. Amendment proposals that are reduced to text, upon analysis, are found to have perverse unintended consequences.Alternative diversionary proposals instruct us that the only available remedies short of such an amendment are a set of ineffective shopworn piecemeal reforms that comply with the Supreme Court's judicial supremacist interpretations. These interpretations reflect the Court's own plutocratic Constitution, nowhere to be found in the text of the original document. Servile compliance with the Supreme Courts' illegitimate plutocratic amendment of the Constitution is the passive form of the Amendment Diversion.This series on \\\"The Amendment Diversion\\\" is contained in three \\\"Books\\\" to be published in 2016. Book I describes Hillary Clinton's reform proposal which is so minimally piecemeal as to be probably counterproductive. Her proposals explore just how thinly a piecemeal reform of money in politics can be sliced so as not to offend her donors, while appearing to offer substance. In this effort she embraces President Obama's example of how Democrats avoid offending their plutocratic backers while throwing spare soundbites to their uninformed and effectively disenfranchised voters.Hillary Clinton is campaigning on her experience and pragmatism. But pragmatism in the form of piecemeal, gradualist, incremental reform of systemic corruption tends to only make it worse. Clinton's proposals on money in politics so vastly underestimate what it takes to reform a systemically corrupt government that it draws into question her fundamental understanding of the subject. Nor is Clinton's experience with this issue during her service as Secretary of State a recommendation for her candidacy. Instead of attesting to her knowledge, Clinton's experience confirms that she lacks either understanding of or concern about the centrality of the issue of systemic corruption. Her direct intervention to derail anti-corruption programs in Afghanistan contributed to the current precarious status of the Kabul government, and to rendering futile the longest war in American History. Even if Clinton's proposals are not necessarily different in significant ways from her opponent Bernie Sanders' current proposals, her relevant experience, pragmatic approach and lack of determined resolve is the opposite of what is needed to remedy the defining problem of the era.\",\"PeriodicalId\":227775,\"journal\":{\"name\":\"LSN: Judicial Review (Topic)\",\"volume\":\"14 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2016-01-26\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"LSN: Judicial Review (Topic)\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.2722336\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"LSN: Judicial Review (Topic)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.2722336","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
2016年大选的决定性议题是将民主从财阀统治的死牢中复苏。民主党及其领先的总统候选人在初选开始时支持的改革提案都不足以完成这项任务。本研究对当前广泛推广的关于政治中的金钱问题的建议进行了批判性分析。它的特色是民主党候选人和国会党的候选人。对这些建议的分析可以作为政治中的金钱问题的策略入门,以便明智地评估广泛推广但具有误导性和最终无效的策略。这有助于开辟空间,以确定和制定有效的战略。民主党人和他们的专业活动人士盟友,包括名人活动人士和非营利组织,在政治中的金钱问题上一直不是可靠的战略建议来源。他们优先考虑的是讲话策略的市场化,而不是有效的政治策略。目前的提议必然是有缺陷的,因为它们都基于一个错误的假设,即宪法的制定是为了建立腐败的财阀统治,因此现在必须修改宪法以实现民主。这个前提要求我们在没有证据的情况下相信,制宪者宣称要建立一种完全由被统治者同意而合法化的民主,现在必须被认为是一场精心策划的骗局,因为两个世纪后,五位不知名的最高法院法官告诉我们,他们的宪法规定了一种金钱可以买到合法性的富豪统治。可以肯定地说,在这个问题上,立宪者们比两位里根和三位布什家族任命的人更可靠,他们在撰写关于宪法的许多卷书时从未说过这样的话。“修宪分流”的活跃形式是主张只有修宪才能解决财阀问题。这种主张通常被表述为“推翻联合公民”的目的,这只会让问题的有害根源留在原地,也就是1976年的巴克利诉法雷奥案(Buckley v Valeo)。这种主张通常采取的形式仅仅是修正案的概念,而不是引用的短语,从而避免了产生实际文本的恶魔般的细节。经分析,被简化为文本的修正案提案会产生意想不到的反常后果。替代的转移注意力的建议告诉我们,除了这样一项修正案之外,唯一可用的补救办法是一套无效的、陈旧的、零碎的、符合最高法院司法至上主义解释的改革。这些解释反映了最高法院自己的富豪宪法,在原始文件的文本中找不到。卑躬屈膝地服从大法院的非法财阀修宪,是修宪分流的被动形式。这个关于“修正案分流”的系列包含在2016年出版的三本书中。第一本书描述了希拉里•克林顿(Hillary Clinton)的改革建议,该建议是如此零碎,以至于可能适得其反。她的提案探讨了如何在不冒犯她的捐助者的情况下,对政治中的金钱进行零敲碎打的改革,同时似乎提供了实质内容。在这次努力中,她接受了奥巴马总统的例子,即民主党人如何避免冒犯他们的富豪支持者,同时向他们不知情、实际上被剥夺了选举权的选民提供多余的言论。希拉里•克林顿(Hillary Clinton)凭借自己的经验和实用主义竞选。但是,以零敲碎打、渐进式、渐进式的形式对系统性腐败进行改革的实用主义,往往只会使情况变得更糟。克林顿关于政治中的金钱问题的建议大大低估了改革一个系统性腐败的政府所需要付出的代价,这让人质疑她对这个问题的基本理解。克林顿在担任国务卿期间处理这一问题的经验也不能成为她竞选总统的理由。克林顿的经历并没有证明她的知识,而是证实了她对系统性腐败问题的核心既不了解也不关心。她对阿富汗反腐项目的直接干预导致了喀布尔政府目前岌岌可危的地位,并使美国历史上持续时间最长的战争徒劳无功。即使克林顿的提议与她的对手伯尼·桑德斯(Bernie Sanders)目前的提议在很大程度上并不不同,但她的相关经验、务实的做法以及缺乏坚定的决心,与纠正这个时代的决定性问题所需要的恰恰相反。
The Amendment Diversion: How Clinton, the Democrats, and Even Sanders Distract Attention from Effective Strategies for Too Much Money in Politics by Promoting Futile Remedies -- Book I: Hillary Clinton and the Dark Money Disclosure 'Pillar'
The 2016 election campaign's defining issue is the recovery of democracy from the death grip of plutocracy. The reform proposals that are supported at the outset of the primary season by Democrats and their leading presidential candidates are all inadequate for the task. This study provides a critical analysis of the current set of the widely promoted proposals on this issue of money in politics. It features those of the Democratic candidates and the congressional party. The analysis of these proposals functions as a strategy primer on the subject of money in politics for purposes of wisely assessing the widely promoted but misleading and terminally ineffective strategies. This helps open space for identifying and formulating effective strategies. Democrats and their professional activist allies, including celebrity activists and non-profit organizations have not been credible sources of strategic advice on the issue of money in politics. Their priority is the marketability of soundbite strategies, not effective political strategy. The current proposals are necessarily deficient because they all start from the erroneous assumption that the Constitution was written to establish a corrupt plutocracy and that it must therefore now be amended to enable democracy.This premise asks us to believe, without evidence, that the framers' professed intention to establish a democracy legitimized solely by the consent of the governed must now be considered to have been an elaborate fraud because five undistinguished Supreme Court justices tell us, two centuries later, that their Constitution mandates a plutocracy where money buys legitimacy. It is safe to say that the framers, who never said any such thing in the many volumes they wrote about the Constitution, are more reliable sources on this question than two Reagan and three Bush family appointees elevated from deserved obscurity to serve political ends.The active form of the Amendment Diversion is advocacy of a constitutional amendment as the only solution to plutocracy. This advocacy is most often phrased as having the purpose of "overturning Citizens United," which would only leave in place the noxious root of the problem, which is Buckley v Valeo (1976). Such advocacy often takes the form of the mere concept of an amendment, little more than the quoted phrase, thereby avoiding the devilish detail of producing actual text. Amendment proposals that are reduced to text, upon analysis, are found to have perverse unintended consequences.Alternative diversionary proposals instruct us that the only available remedies short of such an amendment are a set of ineffective shopworn piecemeal reforms that comply with the Supreme Court's judicial supremacist interpretations. These interpretations reflect the Court's own plutocratic Constitution, nowhere to be found in the text of the original document. Servile compliance with the Supreme Courts' illegitimate plutocratic amendment of the Constitution is the passive form of the Amendment Diversion.This series on "The Amendment Diversion" is contained in three "Books" to be published in 2016. Book I describes Hillary Clinton's reform proposal which is so minimally piecemeal as to be probably counterproductive. Her proposals explore just how thinly a piecemeal reform of money in politics can be sliced so as not to offend her donors, while appearing to offer substance. In this effort she embraces President Obama's example of how Democrats avoid offending their plutocratic backers while throwing spare soundbites to their uninformed and effectively disenfranchised voters.Hillary Clinton is campaigning on her experience and pragmatism. But pragmatism in the form of piecemeal, gradualist, incremental reform of systemic corruption tends to only make it worse. Clinton's proposals on money in politics so vastly underestimate what it takes to reform a systemically corrupt government that it draws into question her fundamental understanding of the subject. Nor is Clinton's experience with this issue during her service as Secretary of State a recommendation for her candidacy. Instead of attesting to her knowledge, Clinton's experience confirms that she lacks either understanding of or concern about the centrality of the issue of systemic corruption. Her direct intervention to derail anti-corruption programs in Afghanistan contributed to the current precarious status of the Kabul government, and to rendering futile the longest war in American History. Even if Clinton's proposals are not necessarily different in significant ways from her opponent Bernie Sanders' current proposals, her relevant experience, pragmatic approach and lack of determined resolve is the opposite of what is needed to remedy the defining problem of the era.