The Constitution and The Other Constitution

In this article, Professor Michael Kent Curtis examines how laws that shape the distribution of wealth intersect with and affect popular sovereignty and free speech and press. He presents this discussion in the context of the effect of the Other Constitution on The Constitution. Professor Curtis begins by taking a close-up look at the current campaign finance system and the concentration of media ownership in a few corporate bodies and argues that both affect the way in which various political issues are presented to the public, if at all. Professor Curtis continues by talking about the origins of our constitutional ideals of popular sovereignty and free speech and press and how the centralization of economic power has limited the full expression of these most basic of democratic values throughout American history.

Next, he analyzes the Supreme Court's decision in Buckley v. Valeo, the controlling precedent with respect to the constitutionality of limitations on campaign contributions. Finally, Professor Curtis concludes that the effect of the Other Constitution on The Constitution requires a Television Tea Party and a government role in the financing of political campaigns.