- Jul 28, 2006
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I present for your enjoyment two articles taking two different sides of this story.
First the Wall Street Journal
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The internet has changed the way campaigns are run and the laws should reflect this.
Also, the 2004 and 2008 primaries both showed that the guy/gal with the most money doesn't always win. Dean had a ton of money and fell apart. McCain was broke and won. Hillary had all the money at the start and lost, and then Obama out spent her big time in several states and Hillary still won those states. And Ron Paul raised a ton of money and could never get above 5% when the votes actually counted. Money may help you compete, but it does not not help you win.
First the Wall Street Journal
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Now the New York TimesIt has been a splendid week for the Bill of Rights at the Supreme Court. In addition to their landmark gun rights ruling, the same five Justices took another whack at Congress's attempts to limit political speech via campaign-finance limits. John McCain, call your office.
In Davis v. FEC, a 5-4 majority overturned a portion of the 2002 McCain-Feingold law that exempted the political opponents of rich candidates from the usual fund-raising limits in order to "level the playing field." Known as the Millionaire's Amendment, the law saddled wealthy, self-financing candidates with burdens designed to help their opponents. Millionaires had to report expenditures within 24 hours, while their opponents were allowed greater coordination with political parties and could raise three times the usual $2,300 limit on individual contributions. Naturally, this idea came from Congressional incumbents who hate wealthy challengers.
The case was brought by Jack Davis, a New York Democrat who twice ran a self-financed campaign to oust Congressman Tom Reynolds. Mr. Davis's spending triggered the millionaire limits, despite Mr. Reynolds's well-stocked campaign bank accounts. Though he lost both times, Mr. Davis was fined by the Federal Election Commission for failing to report expenditures in the 24-hour window.
Reformers justify the special rules for millionaires by crying fairness ? an argument that Justice Samuel Alito dispatched in his majority opinion. "The argument that a candidate's speech may be restricted in order to 'level electoral opportunities' has ominous implications," he wrote, and is "antithetical to the First Amendment."
If Congress can massage the rules to level the playing field for candidates of differing personal means, what's to stop Congress from doing it for other reasons and in other ways? Some candidates are celebrities, others have famous political names, and still others may be adored by the local newspaper. Should Congress level the field for their opponents too? No prior Court opinions, Justice Alito added, support the notion that reducing the "natural advantage" of rich candidates is a legitimate government objective.
The ruling puts in jeopardy similar attempts to favor some candidates over others in such states as Arizona and Maine. More important, it signals that five Justices on the current Court view campaign-finance limits with increasing skepticism.
Sooner or later, they are likely to run up against the Court's own original sin in this area, Buckley v. Valeo, which in 1976 first allowed fund-raising limits. They should also revisit McConnell v. FEC, which in 2003 upheld most of McCain-Feingold. The arrival of Justice Alito has clearly changed the Court's approach to these cases, and there may now be a majority to reassert the Court's obligation to protect political speech in a democracy.
As for Mr. McCain, we assume his campaign-finance travails this year have been educational. He became a media fave by embracing fund-raising limits as a cause, only to watch as the media now drops him for Barack Obama, who refuses to adhere to the same limits and so will vastly outspend the Republican in the fall. Such are the rewards of pursuing liberal admiration.
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It is time for congress to throw out the old laws and start all over.Millionaires are already wildly overrepresented in Congress. The Supreme Court gave a big boost to rich candidates this week by striking down the ?millionaire?s amendment,? which was designed to help level the playing field for candidates running against wealthy opponents.
Americans say time and again that they want fair and clean elections. Federal campaign-finance law limits the amount that candidates can accept from contributors. But candidates are free to spend as much of their own money as they want, which is why being rich can be such a great political advantage.
Congress passed the amendment in 2002 as part of the McCain-Feingold campaign-finance law. It says that when candidates spend more than a certain amount of their own money on a campaign, their opponent can accept contributions of three times the usual limit ? $6,900 from individual donors, instead of $2,300. The opponent can continue to accept amounts at that level until they can match their self-financed rival?s spending.
Jack Davis, who spent more than $2 million of his own money on his losing race for Congress in 2006, challenged the amendment. By a 5-to-4 vote, the court ruled that the millionaire?s amendment violates the First Amendment. Justice Samuel Alito, writing for the majority, said that the amendment infringed on Mr. Davis?s speech rights, because when he spent his own money ? which the court considers to be speech ? he was being penalized by having his opponent?s contribution limits raised.
This logic is flawed. The amendment does not infringe on anyone?s right to speak. Mr. Davis could say, or spend, as much as he wanted. It merely allowed his opponent to raise more money to finance his own campaign ? and campaign speech. That clearly advances the goals of the First Amendment and ensures that more Americans, wealthy or not, can participate in the political process.
The ruling is conservative judicial activism of the first order. Congress passed the millionaire?s amendment to ?level electoral opportunities for candidates of different personal wealth.? But the court baldly asserted that this is not ?a legitimate government objective.?
Most of the McCain-Feingold law remains in effect. But the decision suggests that the court may now go on to strike down more central rules, such as the limits on campaign spending by corporations and unions.
The majority showed disproportionate concern for the rights of the wealthy, disregard for the goal of making elections fairer and a lack of respect for Congress. That is a dangerous combination for a court charged with maintaining the health of America?s democracy.
The internet has changed the way campaigns are run and the laws should reflect this.
Also, the 2004 and 2008 primaries both showed that the guy/gal with the most money doesn't always win. Dean had a ton of money and fell apart. McCain was broke and won. Hillary had all the money at the start and lost, and then Obama out spent her big time in several states and Hillary still won those states. And Ron Paul raised a ton of money and could never get above 5% when the votes actually counted. Money may help you compete, but it does not not help you win.