The Enduring Impact of Citizens United: Super PACs and the Rise of Dark Money in U.S. Elections

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The Enduring Impact of Citizens United: Super PACs and the Rise of Dark Money in U.S. Elections
CAMPAIGN FINANCECITIZENS UNITEDSUPER PACS
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The 2010 Citizens United v. Federal Election Commission ruling has fundamentally reshaped campaign finance, allowing unlimited spending by corporations, unions, and other groups. This has led to a proliferation of super PACs and an increase in 'dark money', raising concerns about the influence of wealthy donors on elections.

The 2010 Supreme Court decision in Citizens United v. Federal Election Commission fundamentally reshaped the campaign finance landscape, enabling outside entities to wield unprecedented influence in elections in ways that were previously unimaginable. The court's 5-4 decision allowed corporations, unions, and other types of groups to place independent expenditures to support or oppose candidates.

This ruling, predicated on the justices' belief that certain spending restrictions violated the First Amendment, has continued to divide Democrats and Republicans over key questions about wealth, political influence, and freedom of speech. It has also served as perhaps the most consequential catalyst of so-called “dark money” in the history of U.S. elections, watchdogs say, particularly in the last cycle. These types of political action committees, which have exploded in growth since the 2010 decision, may spend and raise unlimited sums of money backing candidates, legislation, or ballot initiatives. They typically receive cash infusions from affiliated entities, often operating under the guise of non-profit organizations. While super PACs and political nonprofit groups are required to operate independently from campaigns, the line separating the two has grown increasingly blurred, in part thanks to a March 2023 Federal Election Commission (FEC) ruling. The ruling, spurred by legal pressure from the bare-knuckle Democratic attorney Marc Elias, put forth that campaigns and PACs may coordinate on canvassing. It held that doing so does not constitute “public communications” — which the FEC classifies as advertising such as billboards, mass mailing, telephone banking, cable transmission, and more. This new interpretation of campaign finance law has further blurred the lines, allowing for a greater degree of collaboration between campaigns and outside groups.The 2024 election served as a stark illustration of the profound impact of Citizens United. Super PACs played a dominant role in shaping the race, spending billions of dollars to influence the outcome. In the general election, deep-pocketed organizations such as Future Forward, Make America Great Again Inc., America PAC, and American Bridge 21st Century pumped millions into digital and TV ads, canvassing, and other efforts boosting Trump and Harris, respectively. Along with its tax-exempt arm, the pro-Harris group Future Forward spent over $250 million in the 2024 election cycle.On the House and Senate side, behemoth groups such as Senate Majority PAC, Congressional Leadership Fund, Senate Leadership Fund, and House Majority PAC spent more than $933 million influencing the 2024 elections, federal records show. Former New York Mayor Michael Bloomberg, who spent over $1 billion on his 2020 presidential campaign, also played a significant role in the 2024 election cycle, contributing heavily to super PACs supporting Democratic candidates. The staggering funding is the culmination and product of a sustained operation since 2010 by Democrats and Republicans to build party infrastructure that aims to give candidates an edge come Election Day. Despite ongoing critiques from progressive nonprofit groups regarding the impact of Citizens United and its enabling of excessive spending by wealthy individuals and corporations, the decision remains a cornerstone of contemporary U.S. campaign finance

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CAMPAIGN FINANCE CITIZENS UNITED SUPER PACS DARK MONEY ELECTION INFLUENCE POLITICAL SPENDING

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