The New Tyranny: A Preface to the 2016 Elections in the United States

By Timothy K. Kuhner

Democracy in the United States has been replaced by a rival form of government premised upon the power of wealth. Not to be confused with mere corruption, plutocracy is an official system of rule built upon new interpretations of political speech, equality, and representation. The power of plutocracy rests upon public ignorance of and acquiescence to the profound transformation described in the pages that follow, perhaps the next American trend to sweep the globe.

tyranny-featuredThe elections of 2016 are playing out upon a ramshackle platform of economic and political inequality that only recently became impossible to ignore. In a single two-week period in April of 2014, Thomas Piketty revealed that the bottom 50% of the population owns just 2% of national wealth, Martin Gilens and Benjamin Page found empirically that the wealthy enjoy nearly exclusive control over US government policy, and the Supreme Court struck down a key Watergate reform in McCutcheon v. FEC, enabling individuals to donate millions of dollars each to political campaigns.1 McCutcheon’s remarkable extension of the First Amendment’s free speech clause came on the heels of another Supreme Court case, Citizens United v. FEC, which granted corporations a constitutional right to unlimited political expenditures from general treasury funds. What do such constitutional sympathies and concentrations of power reveal about the United States?

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kuhner-webTimothy K. Kuhner is an Associate Professor at Georgia State University College of law. He is the author of Capitalism v. Democracy: Money in Politics and the Free Market Constitution (Stanford University Press, 2014), and a graduate of Bowdoin College and Duke Law School.

1. April 2: the US Supreme Court’s opinion in McCutcheon v FEC; As shown on the first page of the opinion itself. McCutcheon v Fed. Election Comm’n, 134 S. Ct. 1434 (2014) <>. April 9: the advance copy of Gilens and Page’s study; Kapur, S. (2014). Scholar Behind Viral ‘Oligarchy’ Study Tells You What It Means. Talking Points Memo, 22 April <>. April 15: the English version of Piketty’s Capital. See <> (query ‘Piketty’ and ‘capital’) (reflecting publication date of 15 April 2014).
2. Gilens, M. and Page, B. (2014). Testing Theories of American Politics Perspectives on Politics, Volume 12(3), p. 567.
3. Locke, J. Two Treatises of Government (1988, Peter Laslett, ed.), p.400.
4. Confessore, N., Cohen, S. and Yourish, K. (2015). The Families Funding the 2016 Presidential Election. New York Times, Oct. 10.
5. Center for Responsive Politics, ‘Donor Demographics’ (<>
6. On 2014, Center for Responsive Politics, ‘Donor Demographics’ ( <

graphics.php> For elections between 1992 and 2012, <
2012&filter=A>. Lessig, L. (2014). What an Originalist Would Understand “Corruption” to Mean. California Law Review, Volume 102, Issue 1, p. 5.
7. Levine, C. (2014). Surprise! No. 1 super PAC backs Democrats. The Center for Public Integrity, 3 November, <

8.McGehee, M. (2012). Only a Tiny Fraction of Americans Give Significantly to Campaigns. The Campaign Legal Center, 18 October <

article&id=482:only-a-tiny-fraction-of-americans-give -significantly-to-campaigns>.
9. Center for Responsive Politics (2014). Outside Spending, By Candidate’ ( <>.
10. Vandewalker, I. (2014). Outside Spending and Dark Money in Toss-Up Senate Races: Post-Election Update. Brennan Center for Justice, 10 November.
11. Piketty, T. (2014). Capital in the Twenty-First Century. P. 439.}
12. Ibid at p. 263.
13. Buckley v. Valeo, 424 U.S. 1, 24-26 (1976).
14. Ibid at p. 19 (“A restriction on the amount of money a person or group can spend on political communication during a campaign necessarily reduces the quantity of expression by restricting the number of issues discussed, the depth of their exploration, and the size of the audience reached. This is because virtually every means of communicating ideas in today’s mass society requires the expenditure of money.”).
15. Ibid at p. 48–49.
16. Ibid at p. 57.
17. Ibid.
18. Citizens United v Fed. Election Comm’n, 558 US 310, 359 (2010).
19. Ibid at p. 351 (quoting Austin 494 US 652, 707 (Kennedy, J., dissenting)).
20. Ibid at p. 359.
21. Davis v. Fed. Election Comm’n, 554 US 724, 742 (2008).
22. Ibid at p. 742.
23. Ibid at p. 741 (emphasis added).
24. Ibid at p. 742.
25. McCutcheon v. FEC, 134 S. Ct. 1434, 1448 (2014) (internal marks removed).
26. Paine, T. (1797). Agrarian Justice, [].

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