Jack Raineri
93 Geo. Wash. L. Rev. Arguendo 118
In 2010, the Supreme Court decided Citizens United v. FEC and in so doing unleashed a flood of corporate dollars into the United States electoral system. This Note argues first that the consequences of Citizens United have been disastrous and that the Court should overrule the decision’s holding. This Note proposes that the Court do so by utilizing a “history and tradition” test synthesized from the Court’s recent applications of history and tradition in constitutional rights analyses. This Note also considers the propriety and need of applying such a test to the context of corporate rights. Finally, this Note applies the history and tradition test to corporate political spending and argues that this right is not deeply rooted in the history and tradition of the United States.
