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Federal Court Strikes Down Most of Campaign Finance Reform Law

Discussion in 'BBS Hangout: Debate & Discussion' started by MadMax, May 2, 2003.

  1. MadMax

    MadMax Contributing Member

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    I really don't have strong opinions on this one way or the other. But didn't we all know this was coming? The Courts have ruled similarly along First Amendment grounds for a long time. Not sure what their reasoning is, but I'll see if I can dig up the opinion in the case.

    http://www.washingtonpost.com/wp-dyn/articles/A6500-2003May2.html

    Parts of Campaign Finance Law Struck Down

    By SHARON THEIMER
    The Associated Press
    Friday, May 2, 2003; 4:24 PM


    WASHINGTON - A federal court Friday struck down most of a ban on the use of large corporate and union political contributions by political parties, casting into doubt the future of the campaign finance law that was supposed to govern next year's high-stakes presidential election.

    The court also ruled unconstitutional new restrictions on election-time political ads by special interest groups and others. It barred the federal government from enforcing them and all other parts of the law it struck down.

    The ruling clears the way for an immediate appeal by the losing parties to the U.S. Supreme Court. The high court's decision will lay the ground rules for the 2004 presidential election and beyond.

    The decision is a victory for the Republican National Committee and dozens of interest groups, who contended that the law would undermine their ability to participate in politics. It is a loss for Republican Sen. John McCain of Arizona and Democratic Sen. Russell Feingold of Wisconsin who fought for years to get a new law enacted. They argued that it was time to end the corrupting influence of big money in politics.

    The ruling came from a special three-member, fast-track panel of Appeals Court Judge Karen Henderson, District Judge Colleen Kollar-Kotelly and District Judge Richard Leon.

    In a 2-1 vote, the court ruled that political parties can raise corporate and union contributions for general party-building activities such as get-out-the-vote drives and voter registration but cannot use it for issue advertising.

    Also voting 2-1, the court struck down a provision barring a range of interest groups from airing issue ads mentioning federal candidates in those candidates' districts in the month before a primary election and within two months of a general election.

    The court made its ruling effective immediately, barring the Federal Election Commission from enforcing the restrictions it struck down.

    The new campaign finance law took effect Nov. 6, forcing an immediate change in party fund raising.

    It prohibited the national party committees from raising contributions known as "soft money" from corporations, unions and others. The Democratic and Republican parties have collected the unlimited checks in ever-increasing amounts: The fall election saw some contributions of $1 million and more. The parties were allowed to use the money on general party-building activities such as voter registration drives and issue ads.

    President Bush signed the law in March 2002 after more than six years of struggle by the law's lead sponsors, including McCain and Feingold, to get the legislation through Congress.

    "I believe that this legislation, although far from perfect, will improve the current financing system for federal campaigns," Bush said at the time, adding that parts of the bill including the political ad restrictions presented "serious constitutional concerns."

    Within hours of the bill's signing, the National Rifle Association and Sen. Mitch McConnell, R-Ky., filed lawsuits arguing many of the law's restrictions violated free-speech and other constitutional rights.

    Dozens of groups joined their effort to overturn parts of the law, including the Republican National Committee, the Democratic and Republican parties of California, the AFL-CIO, the U.S. Chamber of Commerce, the AFL-CIO, the American Civil Liberties Union, the Libertarian National Committee, the National Right to Life Committee and the National Association of Broadcasters.

    While several political party committees and interest groups sued because they felt the law removed too much money from politics, others argued it should be struck down because it put too much in.

    Several groups, including the National Voting Rights Institute, the U.S. Public Interest Research Group and the Fannie Lou Hamer Project, targeted the law's increase in contribution limits.

    While others have argued that new political spending restrictions in the law violate free speech, those challenging the higher hard-money limits say it impinges on speech rights by giving wealthy donors too loud a voice in elections.
     
  2. SpaceCity

    SpaceCity Contributing Member

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    So much for fair elections.

    I suppose this guarentees W's re-election.

    This also kills any hope of a legitimate third party.

    I guess this also means that corporations can continue to buy their candidates, or rather pre-pay for favors.
     
  3. Chance

    Chance Contributing Member

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  4. johnheath

    johnheath Member

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    What did you think of this part of the article-

    Dozens of groups joined their effort to overturn parts of the law, including the Republican National Committee, the Democratic and Republican parties of California, the AFL-CIO, the U.S. Chamber of Commerce, the AFL-CIO, the American Civil Liberties Union, the Libertarian National Committee, the National Right to Life Committee and the National Association of Broadcasters.

    It appears that this is not exactly a partisan issue.

    What do you think about the following proposition- a citizen should be able to use any and all resources to exercise his right to freedom of speech.
     
  5. MadMax

    MadMax Contributing Member

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    i agree...it really isn't a partisan issue, though it's been made into one, no doubt. but both sides benefit. the question is, do we really mean it when we say we want to treat organizations/corporations as individuals under the law? we certainly mean it when we want to sue them! do we also mean it when it comes time to determine their rights?
     
  6. FranchiseBlade

    FranchiseBlade Contributing Member
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    It may not be a partisan issue, but an issue about those with little money wanting their influence not to be less than those with tons of money.
     
  7. RocketMan Tex

    RocketMan Tex Contributing Member

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    This is clearly not a partisan issue.

    The range of groups opposed to this law is simply an illustration of what these people really are.

    What these people really are, regardless of party and ideology, is a group of pigs at the trough that are freaking out over their fear that the trough might get a little smaller.
     
  8. johnheath

    johnheath Member

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    I understand that desire perfectly, but the government can't make any laws limiting the free speech of wealthy people. That is a basic right.
     
  9. pgabriel

    pgabriel Educated Negro

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    Am I missing something, how does this restrict free-speech.
     
  10. MadMax

    MadMax Contributing Member

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    political speech is protected...this is the federal government capping free political speech.
     
  11. Jeff

    Jeff Clutch Crew

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    Yes, that is absolutely true. However, as a society, we have a responsibility to at least make our best efforts to consider the needs of everyone, not just the wealthy. However, when only the wealthy have the ear of the politicians, they are the only one's heard.

    I've said for a while that the real problem in American politics isn't liberal or conservative but monetary. Our government is not run of, by and for the people any longer because more than 50 percent of the American people are excluded from the political process simply because they cannot afford to run for office or give money to influence political decisions. A vote is no longer enough to get the undivided attention of a political leader. Now, it takes cash.

    We've reached a point where money has become such a staggering influence on politicians, that the issues that are ALWAYS listed among the top 3 most important issues for Americans - education, public safety and healthcare - are routinely ignored no matter how much clamour there is for reform.

    I mean, teachers, police officers and firemen/paramedics are among our least compensated citizens, yet there is a nearly constant demand for better schools, safer streets and a better healthcare system.

    It just demonstrates that public interest is often ignored in favor of special interest.

    I read not too long ago that a good way to eliminate this problem was to make all donations to political parties and/or candidates anonomys. If you REALLY want to give just to support a candidate and not to buy influence, that would separate the real activists from the special interests.
     
  12. pgabriel

    pgabriel Educated Negro

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    I wonder in Iraq is our gonvernment going to allow the restriction of the voices of religious fundamentalists.
     
  13. MadMax

    MadMax Contributing Member

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    relevance?? where?? huh??? go astros??? telephone pole??? joe namath?? :)
     
  14. pgabriel

    pgabriel Educated Negro

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    I'm just being argumentive,

    And people are arguing the importance of not restricting political free speech. In Iraq, the religious is political, but that's another topic for another thread.
     
    #14 pgabriel, May 2, 2003
    Last edited: May 2, 2003
  15. johnheath

    johnheath Member

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    What a hugely complicated issue. Here is an article from a Libertarian that I think is interesting.


    Campaign Finance Reform: What's Next?
    by Michael Bailey


    As he shepherded the McCain-Feingold legislation to passage, John McCain made it clear that he expected additional legislation to become necessary once politicians and interest groups learned to evade the new limits. Recent Federal Election Commission decisions and the activities of interest groups have proven him right, although he probably is not too happy about it.

    One alternative for new reform would be to restrict contributions or spending. Even if this is constitutional (it usually is not), it is unwise. Studies show that the information available to voters and voter turnout increase with the amount of money spent on campaigns. In addition, taking money out of campaigns does little to affect the larger sums spent on lobbying, an activity removed from ordinary citizens. If anything, well-funded campaigns provide a counterbalance to special interest lobbying, in that such campaigns are more likely to publicize and punish egregious service to interest groups.

    Another approach is to finance campaigns publicly. This has been a nonstarter because voters dislike spending tax dollars on politicians, something that is not surprising in light of the current formula-based system's record for presidential candidates. That formula did little to wean Gore or Bush from wealthy donors even as it wasted 16 million taxpayer dollars on the Buchanan campaign (Buchanan spent an astounding $89 per vote compared to $3.66 for Bush and $2.35 for Gore). The formulaic approach may even have distorted the election: Buchanan ran for president because he had public funding, and Nader ran because he wanted public funding. Their presence on the ballot in Florida, as we know too well, may have changed the election outcome in Florida and the nation.

    Done properly, however, public financing could reduce political reliance on special interests and the wealthy without provoking voter ire. First, citizens should be empowered to decide which candidates deserve money. As Bruce Ackerman from Yale Law School suggests, each voter could be assigned a fixed dollar credit that he or she could direct to any candidate (or cause). This would dampen concern about money being spent on disliked candidates and create a means whereby candidates could run credible campaigns without constantly currying favor with corporate, union, and wealthy interests.

    Second, reclaiming the tax dollars already being spent on campaigns could provide a good start toward a serious program of public financing. Two hundred million dollars were spent on presidential candidates' campaigns in 2000, with almost $30 million on party conventions. In addition, Congress spends $1.6 billion every year on staff, with the modest estimate that congressional staffers spend 10 percent of their time on reelection activities. Reclaiming these public campaign expenditures could provide $450 million per two-year election cycle.

    The bottom line is that a significant amount of federal money goes to campaign activities. The first order of future reform should be to ensure that such funds increase the voice of ordinary citizens, rather than protect incumbents.




    Michael Bailey is a national fellow at the Hoover Institution and an assistant professor in the Department of Government at Georgetown University.
     
  16. glynch

    glynch Contributing Member

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    Bechtel and Halliburton and other corporations will go wild with Bush's strong history of pay backs and his shamelessness in awarding contracts to cronies. With the billions and billions for Iraq reconstruction to be paid by Iraqi oil and/or US taxpayers, the pigs will have a field day at the trough.

    What do you expect from a Supreme Court that is in place due to previous elections governed by these types of mega corporation contriubutions?

    A sad day for US democracy, but a good day for the Republican party.
     
  17. johnheath

    johnheath Member

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    Glynch, read who opposed McCain/Feingold. In my opinion, the Democrats would be hurt more by the legislation than Republicans, because the Big Union money would be taken out of play.
     
  18. Heretic

    Heretic Member

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    Money buys media time.
    Media influences public opinion more than we like to admit.


    Corporations already have many benefits that the normal citizen doesn't. They don't need to be influencing politicians.
     
  19. No Worries

    No Worries Contributing Member

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    Bending the truth here a little. The pre- McCain-Feingold campaign finance laws did have restrictions on political contributions, for those candidates who participated in "the system". Opting out of the system, like W did in 2000 (and will likely do in 2004), presents an option for those candidates who do not want to have their free speech restricted.

    The holes in the curent system are huge. I as an individual may be limited to $1000 per candidate, but can give unlimited amounts of money to the party with a wink so as they will know where to spend it (i.e. soft money contributions going to the candidate of my implied choice). Individual contributions to PACs are another end run of current campaign finance laws for "system" candidates.

    I do not see how banning soft money for "system" candidates is a constitutional issue, given the constituonality of the pre- McCain-Feingold campaign finance laws. Those candidates wanting soft money can opt out of the system. By staying in the system, the other candidates are making a decision to restrict their own free speech rights, with or without McCain-Feingold .
     
  20. MacBeth

    MacBeth Member

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    I have believed for some time now that lobbyists and re-routed campaign contributions are the single greatest problem with the contemporary political scene...I hadn't placed a whole lot of hope in this getting through, and to be honest I wasn't 100% behind what I heard of some of the verbiage, but this is still, IMO, a sad day for all of us, irrespective of party affiliation.
     

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