Is the Supreme Court at Odds with Itself When It Comes to Democracy? A Look at the Disparities Between Crawford and Citizens United

Abstract

For a democracy to truly function, most—if not all—eligible citizens must participate. That means voters need fair access to the booth; but they also need a reason to get there, a belief that their votes count for something. As of now, our country isn't living up to that standard. The last decade ushered in a remarkably tougher landscape for voters, much of it thanks to the Supreme Court's recent decisions. In less than a decade, five justices—with some overlap in the decisions' majorities—gave voter ID laws the green light, unleashed a flood of new money from corporations into the political realm, and eviscerated a longstanding federal law that once stopped states from implementing limiting voting measures. The result? Democracy got pummeled at both ends. Voters, particularly low-income and those of color, started facing hurdles in numbers not seen since the 1960s. When they do make it to the ballot box, many fear their votes will get drowned out by special interests, dumping unprecedented amounts of cash aiding the election of candidates who, in turn, respond to the “buyer's” needs over those of the public.