Today, September 9th 2009, the people of this nation eagerly await Obama's address to Congress on health care reform.  For weeks now there has been fierce debate on the matter and many have speculated to what the President will propose for the future of our nation's health care system. But with health care receiving what seems like non-stop coverage, a critical issue has taken a back burner.

This morning the Supreme Court reopened Citizen United v. FEC.  When the case first came before the court, it looked primarily at Hillary: The Movie and whether the Bipartisan Campaign Reform Act of 2002 had overstepped constitutional boundaries with its ban on corporate financing of "electioneering communication".  The court found that BCRA's ban on corporate financing was not unconstitutional.  
http://www.oyez.org/cases/2000-2009/2008 /2008_08_205

However, the court (in an act of the worst type of rightist judicial activism) decided to rehear the case but this time looked at the issue in a broader scope, focusing on corporate and union financing of campaigns.  The new argument essentially poses the question whether banning corporate and union campaign funding (thus express consent) imposes upon their First Amendment right to free speech.  

Those who argue for removing the restrictions that the BCRA and prior rulings have placed upon corporate campaign financing claim that corporations are entitled to the right of "express consent" that is offered to other nonprofit organizations and 527's.  

This argument has been countered, asserting that corporations are artificial entities concerned solely with monetary profit.  Corporations, which have funds much greater than any individual, wield fiscal power that can greatly influence campaigns and overwhelm the voices of individual people.  In an interview with Bill Moyer, Trevor Potter's argument reflected this sentiment:

The high mortgage foreclosure rates the country is seeing recently have caught everyone's attention - but have you asked yourself why it's happening? Why were there 1.2 million foreclosure filings in 2006? And why is the number continuing to rise?

The answer? The mortage lending industry spent nearly $210 million on Washington lobbying and campaign contributions over the past seven years, all in order to stop Congress from taking action to restrict lending abuses. They were generous...and they were successful.

As consumer and housing advocates won successes in states around the country for more regulation of mortgage lenders, the industry went to work in Congress. Their goal was to block strict regulatory legislation and pass federal legislation pre-empting state restrictions - their tool was money. Below are some eye-opening numbers on lobby expenditures and PAC donations from the largest subprime mortgage lenders, their trade associations, and corporate parents.

The Constitution puts faith in the Congress, trusting Congressmen to police themselves. Unfortunately, Congressmen have shown time and time again that that's something they are unwilling or unable to do.  The investigation of Mark Foley's pedophilia will not be any different unless the House establishes an independent ethics commission to serve this constitutionally mandated role.  Reports that there was a cover-up of Foley's habits are already circulating. To top it off, Dennis Hastert (R- IL) has personally handpicked members of the current Ethics Committee. This committee has not and obviously will not investigate anything thoroughly and seriously.  U.S. Senator Barack Obama (D-IL) recognizes this, and is calling for an independent ethics commission.

In his own words, "It should now be readily apparent that Congress is utterly incapable of investigating itself. The House leadership should take this matter out of the hands of the Ethics Committee and appoint an independent ethics commission comprised of well-respected leaders who the American people can trust to put their country before partisan politics." (October 5, 2006)

Common Cause is also calling for an independent commission. Please sign the Common Cause petition by following the link: http://www.commoncause.org/siteapps/advo cacy/ActionItem.aspx?c=dkLNK1MQIwG&b =2114965