Citizens United Ruling Violates Equal Protection Clause

Nick Hanauer, a multi-billionaire about whom few have likely heard, authored a highly publicized article not too long ago warning about wealth inequity. Increasingly, the wealthy are realizing that a strategy of cutting taxes upon the wealthy and their corporations is not a recipe for American success, precisely for the reason that it adversely affects economic infrastructure, and jobs, among other damages.

However, one needn’t be wealthy to realize and understand that money, and the unreasonable desire for it known as avarice (an extreme form of greed), and the unwieldy power that accompanies it, are corrupting influences in any nation, and particularly in our United States because of SCOTUS ruling in the 2010 Citizens United v Federal Election Commission decision which essentially equated money with Free Speech, which is a First Amendment right.

Simply put, the problem with that decision is, that if money is Free Speech, then the Poor Man has none, and our Constitution was written for all, regardless of their wealth. The law therefore has become a respecter of persons, and ensconces inequality, which is a violation of the 14th Amendment’s Equal Protection clause.

Nick Hanauer (b.1959) is an American entrepreneur and venture capitalist whose worth is estimated to be at least US$1 Billion.

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By Nick Hanauer
July/August 2014

Memo: From Nick Hanauer
To: My Fellow Zillionaires

You probably don’t know me, but like you I am one of those .01%ers, a proud and unapologetic capitalist. I have founded, co-founded and funded more than 30 companies across a range of industries—from itsy-bitsy ones like the night club I started in my 20s to giant ones like Amazon.com, for which I was the first nonfamily investor. Then I founded aQuantive, an Internet advertising company that was sold to Microsoft in 2007 for $6.4 billion. In cash. My friends and I own a bank. I tell you all this to demonstrate that in many ways I’m no different from you. Like you, I have a broad perspective on business and capitalism. And also like you, I have been rewarded obscenely for my success, with a life that the other 99.99 percent of Americans can’t even imagine. Multiple homes, my own plane, etc., etc. You know what I’m talking about. In 1992, I was selling pillows made by my family’s business, Pacific Coast Feather Co., to retail stores across the country, and the Internet was a clunky novelty to which one hooked up with a loud squawk at 300 baud. But I saw pretty quickly, even back then, that many of my customers, the big department store chains, were already doomed. I knew that as soon as the Internet became fast and trustworthy enough—and that time wasn’t far off—people were going to shop online like crazy. Goodbye, Caldor. And Filene’s. And Borders. And on and on.

Realizing that, seeing over the horizon a little faster than the next guy, was the strategic part of my success. The lucky part was that I had two friends, both immensely talented, who also saw a lot of potential in the web. One was a guy you’ve probably never heard of named Jeff Tauber, and the other was a fellow named Jeff Bezos. I was so excited by the potential of the web that I told both Jeffs that I wanted to invest in whatever they launched, big time. It just happened that the second Jeff—Bezos—called me back first to take up my investment offer. So I helped underwrite his tiny start-up bookseller. The other Jeff started a web department store called… Continue reading