By Jay CostSecond, Citizens United is court-made law and thus lacks democratic legitimacy. The people’s representatives never debated or endorsed it. This makes it an easy target for Democrats looking to preen about good government while lining their pockets. Under our system, of course, the Supreme Court has the authority to rule on the meaning of the Constitution. But politically speaking, it is problematic. Congress and the courts have been warring over campaign finance for nearly 50 years, and the result is a hodge-podge of regulations that lacks any sense or broad popular support. So Democrats demagogue.Third, you can’t beat something with nothing. Where is the anti-corruption agenda of the right? Where are the counterparts to the good-government organizations spearheaded by Ralph Nader? Other than the Center for Competitive Politics, helmed by former Federal Election Commission chairman Bradley Smith, and Take Back Our Republic, a new organization founded by those who helped Dave Brat take down Eric Cantor last year, one is hardpressed to think of conservative entities promoting a vision of good government. Conservatives have spent enormous intellectual capital on issues like education, health care, and taxes—but what about corruption? When Democratic pols rail against Citizens United, what reforms can Republicans counter with?
