Overturn Citizens United
Posted: Sat Aug 08, 2026 8:08 pm
This forum is about overturning Citizens United.
The SCOTUS decision Citizens United is not based on the Constitution. It is not based upon any law passed by Congress or by the legislatures of any of the states. Because of this, I suggest that SCOTUS did not and does not have authority to make that ruling.
Here are some methods by while Citizens United might be overturned.
1. Create an amendment. Extremely difficult, will fix this decision. But it leaves in place the concepts that enabled and supported Citizens United.
2. Create a new amendment creating a process to overturn bad SCOTUS decisions. Much better, but more complicated.
2a. Give Authority to Appellate Courts. If some number of the appellate courts and justices agree and write a ruling that can require SCOTUS to change their opinion. Maybe something like ¾ of the 13 appellate courts or ¾ of the 179 judges appellate courts.
2b. Give Specific Authority to Congress. Under some voting scheme Congress might have this authority.
2c. Give Authority to the States. If some number of states hold an election and vote to change a specific ruling.
[Side note: I cannot get this to indent correctly. Suggestions are solicited.]
3. Congress can pass a law specifically instructing SCOTUS the change their view and accept that corporations are not people and do not have the right to affect an election. Article III, The Judicial, does provide this authority. Maybe a specific bill states: Money is not free speech, and political speech is a special category of free speech. Corporations do not have the authority to affect and even control elections. This is good but does not truly resolve the problem.
4. Pass a state law that contradicts Citizens United and specifies why SCOTUS does not have the authority to make the ruling it did with Citizens United. I am working on this concept and have posted here.
More detail is needed for each of these, but I can only go so far in a forum such as this.
Here are my thoughts. Please add yours.
The SCOTUS decision Citizens United is not based on the Constitution. It is not based upon any law passed by Congress or by the legislatures of any of the states. Because of this, I suggest that SCOTUS did not and does not have authority to make that ruling.
Here are some methods by while Citizens United might be overturned.
1. Create an amendment. Extremely difficult, will fix this decision. But it leaves in place the concepts that enabled and supported Citizens United.
2. Create a new amendment creating a process to overturn bad SCOTUS decisions. Much better, but more complicated.
2a. Give Authority to Appellate Courts. If some number of the appellate courts and justices agree and write a ruling that can require SCOTUS to change their opinion. Maybe something like ¾ of the 13 appellate courts or ¾ of the 179 judges appellate courts.
2b. Give Specific Authority to Congress. Under some voting scheme Congress might have this authority.
2c. Give Authority to the States. If some number of states hold an election and vote to change a specific ruling.
[Side note: I cannot get this to indent correctly. Suggestions are solicited.]
3. Congress can pass a law specifically instructing SCOTUS the change their view and accept that corporations are not people and do not have the right to affect an election. Article III, The Judicial, does provide this authority. Maybe a specific bill states: Money is not free speech, and political speech is a special category of free speech. Corporations do not have the authority to affect and even control elections. This is good but does not truly resolve the problem.
4. Pass a state law that contradicts Citizens United and specifies why SCOTUS does not have the authority to make the ruling it did with Citizens United. I am working on this concept and have posted here.
More detail is needed for each of these, but I can only go so far in a forum such as this.
Here are my thoughts. Please add yours.