1+1=3?
The Supreme Court of the United States, in its landmark 2010 decision Citizens United v. Federal Election Commission, fundamentally reconfigured the American political and legal landscape by dismantling a century of regulations intended to separate corporate and union treasury funds from the electoral process.1 The 5-4 ruling authored by Justice Anthony Kennedy posited that the First Amendment prohibits the government from restricting independent expenditures for political speech based on the identity of the speaker, even when that speaker is a corporate entity.3 This decision has been widely interpreted as the catalyst for a radical new conception of democratic participation, effectively establishing a framework where the act of association creates a synergistic voice—often characterized as the framework.5 In this paradigm, two individuals, who already possess their own protected political voices, associate to form a third entity—the corporation—which is then endowed with its own independent, and often vastly more powerful, voice funded by its economic success in the marketplace.5 This research report provides an exhaustive analysis of the legal genealogy of Citizens United, the empirical reality of its synergistic voice multiplier, and the pervasive role that corporate capitalism has played in shaping the modern American governance system.
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