Capitalism V. Democracy

Money in Politics and the Free Market Constitution

Timothy K. Kuhner

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English

Stanford University Press
25 June 2014

History; Elections & referenda; Central government; Economic systems & structures; Constitutional & administrative law; Election law

As of the latest national elections, it costs approximately $1 billion to become president, $10 million to become a Senator, and $1 million to become a Member of the House. High-priced campaigns, an elite class of donors and spenders, superPACs, and increasing corporate political power have become the new normal in American politics. In Capitalism v. Democracy, Timothy Kuhner explains how these conditions have corrupted American democracy, turning it into a system of rule that favors the wealthy and marginalizes ordinary citizens. Kuhner maintains that these conditions have corrupted capitalism as well, routing economic competition through political channels and allowing politically powerful companies to evade market forces. The Supreme Court has brought about both forms of corruption by striking down campaign finance reforms that limited the role of money in politics. Exposing the extreme economic worldview that pollutes constitutional interpretation, Kuhner shows how the Court became the architect of American plutocracy.

Capitalism v. Democracy offers the key to understanding why corporations are now citizens, money is political speech, limits on corporate spending are a form of censorship, democracy is a free market, and political equality and democratic integrity are unconstitutional constraints on money in politics. Supreme Court opinions have dictated these conditions in the name of the Constitution, as though the Constitution itself required the privatization of democracy. Kuhner explores the reasons behind these opinions, reveals that they form a blueprint for free market democracy, and demonstrates that this design corrupts both politics and markets. He argues that nothing short of a constitutional amendment can set the necessary boundaries between capitalism and democracy.

By: Timothy K. Kuhner
Imprint: Stanford University Press
Country of Publication: United States
Dimensions: Height: 229mm, Width: 152mm, Spine: 20mm
Weight: 508g
ISBN: 9780804791564
ISBN 10: 0804791562
Pages: 376
Publication Date: 25 June 2014
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Unspecified

Timothy K. Kuhner is Associate Professor at Georgia State University College of Law. He teaches mainly in the areas of international and comparative law. Before moving to Atlanta, Tim spent three years as Associate Professor of Anglo-American Law at the University of Navarra in Spain. During this time, he researched the role of money in politics in Western European democracies. Educated at Bowdoin College and Duke Law School, but inspired by foreign viewpoints, Tim brings a wide-ranging, critical perspective to the study of democratic integrity.

Reviews for Capitalism V. Democracy: Money in Politics and the Free Market Constitution

After Citizens United and McCutcheon , it is essential to think about the relationship of money to politics and the rights of corporations in our constitutional democracy. Timothy Kuhner has written a brilliant examination of these issues. All concerned with American democracy (which should be all of us) need to read this insightful book about political power at a time when money, and the corporations that possess it, have increasing influence. --Erwin Chemerinsky, University of California, Irvine School of Law