Legalism, Judicial Rational-Choice, and the Majority Opinion in Citizens United
Abstract
Prior to Citizen’s United, particular types of corporate spending for purposes of influencing US-election-outcomes were limited due to an inherent skepticism of corporate influence in American politics. It was presumed that where corporations accessed wealth and resources for purposes of electing candidates that best serve corporate interests, American politics would be corrupted—indeed: democracy that is bought and sold. In the US, the juridical is entirely systematized by the ethos of the legal profession: legalism. It is the way in which the law is supposed to be reasoned upon, deliberated upon, and decided upon. Although the Majority in Citizens expressed its reversal of law that limits corporate influence in American politics in legalese—the terminology within the system of legalism, the conservative Majority took an opportunity to establish conservative ideology as law—an ideology that subscribes to the equivocation between corporations and individuals, and, corporate spending with protected free-speech.