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Politics : PRESIDENT GEORGE W. BUSH
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To: CYBERKEN who wrote (284893)8/8/2002 3:41:18 PM
From: G_Barr  Read Replies (1) of 769670
 
The entire effect of the soft money ban is to stifle speech in a tawdry effort to create a monopoly on public communication for incumbents.

As a matter of policy, I may agree with you but only with respect to money spent on one's own speech for I think it's silly to suggest giving money to any other is really speech.
However, that doesn't answer the constitutional question. You claim its unconstituional as if there is no doubt. I love when conservative make such arguments. We are told that jurists must e strict constructionalist (as if the constitution says it must be strictly consrued) or that we must intrepret by the original intent (despite the fact that the founding generation did not believe in looking to intent). However, when a conservative result is desired, all this goes out the window and conservatives start inventing rights as surely as Warren. You will of course find no intent amongst the founders to protect giving money to politicians. Rather, one must resort to such effectuating some vague general principle about freedon of essemblyor something, but one can justify any right if they define the constitutional principle in genral enough terms, which has been the criticsim of the Warren and Burger courts. One can argue that Buckley v. Valeo was right or wrong on policy grounds, but supported by a strict construction of the text or history it is not.
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