The Least Dangerous Branch?

In 1962 a book on the U.S. Supreme Court was published under the title The Least Dangerous Branch.  (You can still purchase it on Amazon.)  The title was taken from Federalist Paper #78 written by Hamilton, who said the judiciary was the branch least likely to undermine constitutional rights.

I wonder if Hamilton would hold that opinion today.  In “Citizens United,” the Court ruled that corporations or other organizations could not be limited in their spending on campaigns.  Now the Court has ruled 5-4 that an Arizona law that tried to redress inequalities in election spending violated free speech.  

The Arizona law said that if a candidate accepted public funding and his or her opponent spent more private money on the campaign, the state would increase the amount of public funding up to triple the initial amount.  The privately-financed candidate could still spend more money, but at least the playing field would be somewhat leveled.  It was this law that the Supreme Court said limited free speech.  

I know the Court has made some reprehensible rulings in our past.  “Dred Scott v. Sandford” and “Plessy v. Ferguson” come to mind.  What the Supreme Court has done with these campaign finance cases, however, undermines the very heart of the democratic process. Five justices have allowed money, not votes, to determine elections.  The whole electoral process is skewed. There is a word for a government dominated by the rich. It is called an oligarchy.