SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : I Will Continue to Continue, to Pretend.... -- Ignore unavailable to you. Want to Upgrade?


To: Sully- who wrote (17148)3/31/2006 9:19:49 AM
From: Sully-  Respond to of 35834
 
Ending The 527 End-Around

By Captain Ed on National Politics
Captain's Quarters

The Republicans in Congress have decided to tackle the end-around to campaign-finance reform that the 2004 election produced in the form of tax-exempt 527 organizations. While Congress and the White House signed into law the most profound curbs on political speech in a century in order to supposedly rid the political process of money, organizations like MoveOn took in millions from benefactors like George Soros with no oversight whatsoever. After having been caught unaware in 2004, the GOP wants to close that loophole for 2006 and 2008. The New York Times reports that the effort may come too late, as money has found other holes in the system to exploit:

<<< To many Republicans, the liberal activist organization MoveOn.org is a political boogeyman that they hope to chase off with new restrictions on so-called 527 groups.

But the pursuit may turn out to be fruitless. Like other major groups planning to inject themselves aggressively into the midterm elections through advertisements, voter drives and issue fights, MoveOn.org has already figured out what it thinks is a better, and less controversial, way to spend its millions. Its 527 — named for a section of the tax code — is being put on ice.

"Our 527 is dormant," said Eli Pariser, executive director of MoveOn.org. He said his group would predominantly operate as a conventional political action committee, allowing it to more freely mix explicit political support and issue advocacy in a way that Mr. Pariser described as "squeaky clean."

MoveOn.org might be moving on from its 527, but Congress is not. Two years after 527's burst onto the political scene, gaining notoriety by raising unlimited amounts from private donors, Congressional Republicans are moving to rein in the groups — just in time for the November midterm elections. Leading Democrats are threatening a fight. >>>

Instead of 527s, the new buzz number is 501(c). That's the tax designation for a brand of non-profit that can legally campaign for the election of specific candidates, and whose contributions fall outside of campaign regulation. While Congress plays whack-a-mole with 527s, the truth is that most people have abandoned that format due to existing restrictions on direct support for candidates. MoveOn had to split itself into two entities in 2004 to get around that problem, and this time around won't even bother with the 527 effort. In effect, the Republicans are thus far solving a problem that no longer substantially exists.

Once again, we can thank decades of Congressional action for this nonsense. Repeated attempts to "reform" the electoral process has resulted in a Byzantine labyrinth of legislation that creates so many artificial categories for the good old US greenback that even the lawyers have trouble keeping up with it. Instead of removing big money from the political process, they have guaranteed its further insinuation while drastically reducing the responsibility of candidates and political parties for its use. These independent 501(c)s can campaign with no boundaries of taste or accountability, and the causes and people they support can have no effect on their activities -- in fact, they must not be able to affect them, lest that prove illegal coordination. Donors with big checkbooks will send their money to these front organizations instead of the political campaigns but get the same benefit regardless.

If this sounds a lot like money laundering to you, it only proves you're paying attention.

Once again, and before we lose even more of our right to free political speech, Congress needs to abandon these ridiculous attempts to build a stick dam in the middle of a flood. All these laws do is employ lawyers by the hundreds or thousands, turn inexperienced candidates into criminals, and allow big-money donors to escape responsibility. We need to forego artificial contribution categories and allow unlimited contributions with full and immediate disclosure. The money will still be in play, but it will force candidates to assume responsibility for their existence and application. Voters will then have a true picture of the political arrangements between donors and their favored candidates.

It's far past time that we abandon our fantasy that money can be removed from the political process, or that it even should be divorced from it. Money only provides a tool for communicating messages. The money itself is not an evil, but the darkness and confusion of its application in our current system makes it so. Bring it into the sunlight; it's time to quit fearing it and treat it responsibly/

captainsquartersblog.com

nytimes.com



To: Sully- who wrote (17148)4/4/2006 4:20:49 PM
From: Sully-  Respond to of 35834
 
    Politicians have spent decades trying to curtail the role 
of money in politics, but have done little more than push
the money through new loopholes. Why should things be
different this time around?

86 the Anti-527 Action

The Editors
National Review Online

We’re old enough to remember when the Republican mainstream was against restricting campaign finance. That was about four years ago. Way back then, House leaders were decrying McCain-Feingold as damaging to the GOP’s electoral fortunes and probably unconstitutional. How times change. The current crop of House leaders, acting with the White House’s blessing, is set to introduce legislation this week that would restrict the ability of so-called 527s — nonprofit groups named for the section of the tax code under which they operate — to raise money for political causes. Quite apart from the unseemliness of this about-face, the legislation deserves to be defeated. It is both politically unwise and, more important, an objectionable restriction on speech.

First, the politics. 527s became famous in 2004, during the first national election subject to McCain-Feingold restrictions on soft money — restrictions from which they were conveniently exempt. In that cycle, 527s spent some $420 million on advertising and get-out-the-vote efforts, most of which supported Democratic candidates and causes. Since then, Republicans have been eager to shut off the flow. Their legislation would require 527s to register as political committees, making them subject to McCain-Feingold rules.

Even if Republicans are right that 527s were a boon to Democrats in 2004, they’re probably wrong to think that the heyday of the 527 is still upon us. The criticism that has been directed at 527s, along with recent Federal Election Commission scrutiny, has already led many liberal groups to shift their efforts toward other nonprofits — mainly 501(c)(4)s — that are immune to the proposed GOP reform. This shift nicely shows why further regulation would be unlikely to work. Politicians have spent decades trying to curtail the role of money in politics, but have done little more than push the money through new loopholes. Why should things be different this time around?

In any case, it’s a mistake to think that Republicans can’t play the 527 game. The GOP was at a soft-money disadvantage in 2004 because the Republican National Committee discouraged donors from giving to 527s while it attempted to get Democratic 527s declared illegal. By the time that effort failed, it was too late to catch up. But there’s no reason in principle why 527s have to be an arrow in the liberal quiver. If they remain an influential means of funding politics, Republicans should simply learn to use them as aggressively as Democrats have done.

It’s not even true that the effectiveness of a 527 is a function of how much money it spends. In the 2004 election, the 527 that unquestionably had the biggest impact was Swift Boat Veterans for Truth. The $22 million it spent on anti-Kerry ads swung momentum toward Bush at a time when he was running behind in the polls, and possibly saved his presidency. George Soros spent a comparable amount — $26 million — on 527s devoted to Bush’s defeat, but got little more for his efforts than a lousy T-shirt (as NR joked on its post-election cover).

nationalreview.com

This probably isn’t a coincidence. Republicans depend on paid media to get their message out much more than Democrats do. Most of the press, not to mention the entertainment industry, remains overwhelmingly liberal. That means a whole lot of free advertising for Democrats, but it also dulls the effect of liberal 527s, which often do little more than repeat what voters have heard on the CBS Evening News or read in the New York Times. Conservative 527s, on the other hand, say things that the media have overlooked or chosen not to report — and because what they say is new, they get a lot of bang for their buck.

Regardless of these tactical calculations, there’s a strong free-speech argument against restricting 527s. Indeed, the GOP itself used to make that argument: McCain-Feingold’s most onerous constraint — the prohibition on broadcast ads that mention a candidate within 60 days of an election — provoked cries of bloody murder from congressional Republicans convinced it violated the First Amendment. How can the same party now justify dragging a whole new class of organizations under that rule? We may not like it that liberal billionaires spend their money on causes we disagree with, but it is their right to do so — and if they’re going to, directness and transparency are preferable to a labyrinth of non-profit groups and tax loopholes. A handful of Republican congressmen, most notably Mike Pence of Indiana, recognize this, and oppose the House leaders.

That Republicans defeated a longstanding liberal majority in 1994 against the wishes of hostile media is testament to the power of conservative ideas. The GOP should have enough faith in the correctness of those ideas to believe that they can still win elections. There’s nothing conservative about trying to regulate your opponent to defeat.

nationalreview.com



To: Sully- who wrote (17148)4/4/2006 4:24:52 PM
From: Sully-  Respond to of 35834
 
Putting the First Amendment First

A letter imploring Congress to take a deep breath before taking anti-527 action.

National Review Online

An NRO Primary Document

EDITOR'S NOTE: "We who oppose such a proposal want to continue to freely debate our ideas in the public arena. We want Americans to hear all sides — and to decide for themselves who’s right." So write a group of think-tank leaders and activists, imploring members of Congress to oppose pending legislation that would restrict so-called "527" nonprofit groups under the auspices of campaign-finance reform. [See our editorial here.]

nationalreview.com

Read the letter below.

Dear Member of Congress:

The undersigned groups and individuals strongly oppose H.R. 513, which would force virtually all 527 groups to become political action committees (PACs). A bill essentially identical to this has been introduced as S. 1053 in the Senate.

All of the undersigned groups and individuals believe strongly in the free, unfettered expression of ideas and the right of association enshrined by the Constitution. It is precisely these First Amendment freedoms that this horrendous proposal threatens.

Many of the undersigned groups publish ratings of Congress and may score a vote on these two bills.

Legislation that forces 527 groups to become PACs will severely hamper the ability of average citizens to join together and speak out about issues both during and beyond election seasons. Millions of Americans belong to groups whose speech will be suppressed by this bill.

H.R. 513 goes far beyond the electioneering communications restrictions contained in the Bipartisan Campaign Reform Act passed in 2002. That law only banned TV and radio ads by most groups if the ads mention the name of a candidate within 60 days of a November election, while exempting PACs.

This new bill would ban any communication over $1,000 at any time by any method by any 527 group unless it became a PAC.

Passage of such a bill will divert money donated to 527s to other nonprofit organizations, such as social welfare groups, business associations and labor unions, where the donations and expenditures on such public communications will not be publicly disclosed. Since 527 groups are currently required by law to make such disclosures, transparency will be lost.

This redirection of donations will almost certainly lead to further free speech restrictions on virtually all other organizations, forcing these groups to have PACs to speak to the public about actions taken by Congress or stands taken by candidates.

Advocates of this bill have yet to identify the problem they hope to correct with this misguided proposal. 527s wield no corruptive influence over parties or candidates, which is the only constitutional justification for restricting free expression.

One of the biggest myths about this bill is that it would “level the playing field,” ending the ability of the wealthy to fund “propaganda.” This is completely false. Wealthy individuals would still be free to say whatever they want whenever they want. The proposal would end only the ability of individuals of lesser means to pool their money to independently speak out on issues.

America needs the First Amendment and the ability of individual citizens to form groups precisely for speech that is controversial. To suppress views of those we dislike will inevitably risk suppression of our own.

We who oppose such a proposal want to continue to freely debate our ideas in the public arena. We want Americans to hear all sides — and to decide for themselves who’s right.

When you were sworn into office, you took an oath to “support this Constitution.” We ask you to faithfully uphold that oath by rejecting H.R. 513, S. 1053, and any other bill that restricts political free speech.

Sincerely,

Pat Toomey
President, Club for Growth

John Berthoud
President, National Taxpayers Union

Thomas A. Schatz
President, Council for Citizens Against Government Waste

David Keene
Chairman, American Conservative Union

Grover Norquist
President, Americans for Tax Reform

Paul M. Weyrich
National Chairman, Coalitions for America

Matt Kibbe
CEO and President, FreedomWorks

James Bopp Jr.
General Counsel, James Madison Center for Free Speech

Fred Smith
President, Competitive Enterprise Institute

Lewis Uhler
President, National Tax Limitation Committee

Jim Martin
President, 60 Plus Association

Alvin Williams
President & CEO, Black America's PAC

Jason Wright
President, Institute for Liberty

William Greene,
President, RightMarch.com

Kerri Houston
National Spokesperson, LobbySense.com

Rev. Louis P. Sheldon
Chairman, Traditional Values Coalition

Larry Cirignano
Executive Director, CatholicVote.org

Jeffrey Mazzella
President, Center for Individual Freedom

C. Preston Noell III
President, Tradition, Family, Property, Inc.

Colin Hanna
President, Let Freedom Ring

Kay Daly
President, Coalition for a Fair Judiciary

Stephen Baskerville
President, American Coalition for Fathers and Children

Peter LaBarbera
Executive Director, Illinois Family Institute

Richard Falknor
Executive Vice-President, Maryland Taxpayers Association, Inc.

Dan Perrin
Executive Director
Republican Leadership Coalition and the Committee for Honest Politics

William J. Murray
Chairman, Government Is Not God – PAC

George Pieler
Former Tax Counsel, Senate Finance Committee

nationalreview.com



To: Sully- who wrote (17148)4/6/2006 3:58:46 PM
From: Sully-  Respond to of 35834
 
A Step In The Right Direction

By Captain Ed on National Politics
Captain's Quarters

The House passed a bill slamming the lid on 527 advocacy groups of the kind that proliferated in the last presidential election and removed the limits for national parties to coordinate funds with specific candidates. The measure passed on a party-line vote, 218-209:

<<< The House approved campaign finance legislation last night that would benefit Republicans by placing strict caps on contributions to nonprofit committees that spent heavily in the last election while removing limits on political parties' spending coordinated with candidates.

The bill passed 218 to 209 in a virtual party-line vote.

Lifting party spending limits would aid Republican candidates because the GOP has consistently raised far more money than the Democratic Party. Similarly, barring "527" committees from accepting large unregulated contributions known as "soft money" would disadvantage Democrats, whose candidates received a disproportionate share of the $424 million spent by nonprofit committees in 2003-2004.

The 527 committees, named for a section of the tax law, are tax-exempt organizations that use voter mobilization and issue-based ads to influence federal elections. They grew in importance after the 2002 McCain-Feingold campaign finance law barred federal candidates and national parties from accepting unlimited donations from individuals, unions and corporations. >>>

Joe Gandelman at the Moderate Voice objects to this and calls it an example of why we need divided government (between the two parties):

<<< So much for meaningful reform that tries to seriusly fix the system in general. Instead we get yet another demonstration about why one-party rule has proven to be a disaster in terms of authentic problem solving and biparitsan solutions. >>>


I disagree with Joe on this issue. The eruption of 527s did not reform the system at all. Even Joe acknowledges that this offshoot of the BCRA allowed millions of dollars to pour into campaigns from single benefactors such as George Soros. It laughably treated this money as somehow more pure than that going to political parties, even though its use was at least as partisan as any given directly to Democrats. Even worse, it put that money in the hands of people who have no accountability in the political process and allowed the parties and candidates to wash their hands of the messages it produced.

It's this kind of mischief that occurs when people try to create artificial categories for cash and attempt to impose limits on its collection and usage. The 527s have mostly gone away in favor of other tax-exempt structures that do the same thing, so simply kneecapping the 527s would have had little effect on the corruption that the BCRA has created. The companion effort to remove the limits on party spending and collection are much more important for reversing this problem in the McCain-Feingold "reform". The parties can be held accountable for their messages and their positions, and the candidates will have no excuse to ignore the worst of the abuses in their advertising.

The only problem with this bill, as far as I can see, is that it doesn't go far enough. We need to ensure that all contributions go to organizations with built-in accountability for their message. If George Soros wants to buy his own advertising, or if he wants to fund an organization that wants to advertise, that's fine -- but it shouldn't be exempt from taxation. If we remove the artificial limits set on political campaigns over the past three decades and instead require immediate and full disclosure of all contributions, the money will naturally flow back to the candidates and the parties, where voters can impose their own sanctions for misbehavior and undue influence. This measure starts that process and should be expanded to undo all of the damage done by the BCRA on free speech and the Byzantine process of campaign funding it helped create.

captainsquartersblog.com

washingtonpost.com

themoderatevoice.com



To: Sully- who wrote (17148)4/7/2006 6:17:09 PM
From: Sully-  Respond to of 35834
 
Let Soros Speak!

GOP cynicism and 527s.

Rich Lowry
National Review Online

Even George Soros has a right to participate freely and fully in American politics. Republicans apparently have a hard time grasping that concept.

And so in the House they have passed new, onerous regulations on the so-called 527 organizations that liberal groups used to pour massive resources into the 2004 elections, with left-wing billionaire Soros alone donating millions of dollars.

The Left uses the phrase “driving while black” to describe what it considers a systematic campaign by police to stop motorists for the noncrime of being black. Republicans have created their own category of nonoffense, “organizing while Democratic.”

Four years ago, Republicans railed against the McCain-Feingold bill to ban large “soft money” contributions to the political parties and prohibit broadcast ads that named a candidate within 60 days of an election. Back then, they professed ardent love for the First Amendment and worried that the legislation would tamp down on — by limiting spending on — entirely legitimate political activity. We now know they meant none of it.

The festival of GOP cynicism on this issue was kicked off by President George Bush. Vetoing something called campaign-finance “reform” would have been politically painful, even though his advisers thought the bill was constitutionally dubious. But what’s mere unconstitutionality compared with political convenience? Bush signed the bill on the assumption that the Supreme Court would do his constitutional duty for him and strike it down. But the last place to expect reliable constitutional interpretation is the court. Its jurisprudence is a witches’ brew of eye of newt, toe of frog and anything else that might be at hand — and, lo, it decided that political expression really wasn’t so central to the First Amendment after all.

Fortunately, there was a “loop-hole” in McCain-Feingold. The beauty of a free society is that it brims with loopholes. In this case, it was 527 organizations (the name comes from the section of the tax code they exist under). 527s could accept unlimited contributions and spend them on grass-roots activity and ads, as long as nothing they did expressly advocated the election or defeat of a candidate (doing it obliquely was OK).

Democratic lawyers first realized the potential of the groups, and liberal donors quickly filled their coffers. Republicans had to decide whether to jump-start their own 527s, or to argue that they were illegal under McCain-Feingold. They choose the latter; if you can’t beat them, ban them.

This is why the same congressional Republicans who said that McCain-Feingold went too far, now want to extend its reach and limit individual donations to 527s to $30,000 a year. Of course, Democrats have matched them hypocrisy for hypocrisy. They once excoriated big, unlimited donations, but now defend them. Their opportunism has landed them on the correct position.

That someone can drop wads of cash on a political cause — spurring fevered advocacy door-to-door and on the airwaves — is a tribute to the vitality of our political system. I might think George Soros is nutty, but one man’s loon is another’s true believer. It is important that significant avenues of political activity exist outside the regulated channels of the two parties, because it brings fresh, and often inconvenient, points of view to the table. The highest-impact 527 in 2004 was “Swift Boat Veterans for Truth.” The GOP wasn’t going to touch John Kerry’s Vietnam record. It took an outside group to do it, giving voters information from which they could conclude that either John Kerry is untrustworthy or the right wing is vile.

With 527s under assault, liberal groups are moving on to the next “loophole,” 501(c)4s. McCain-Feingold shifted much political activity out of the two parties and into 527s. The new legislation would only chase political activity out of the 527s and into the 501(c)4s. Then, those entities eventually will be targeted too, creating a premium for the newest loophole. As long as our political system remains truly open, there will always — thankfully — be another one of those.

— Rich Lowry is author of Legacy: Paying the Price for the Clinton Years.

(c) 2006 King Features Syndicate

nationalreview.com



To: Sully- who wrote (17148)8/6/2006 11:10:29 AM
From: Sully-  Respond to of 35834
 
Forget about free speech

Betsy's Page

All those people bemoaning how Bush has trampled on civil liberties are probably not talking about what I consider his most egregious move against our liberties - signing the Campaign Finance Reform Act. Ryan Sager reminds us how the law, brought to us by Mr. McCain, will protect incumbents this year.

<<< When Congress comes back into session, roughly 60 days before the November midterms, it will essentially be immune from criticism. That's because Congress -- acting, of course, only in the interest of "clean" politics -- passed a ban on ads that mention federal candidates' names in the window 60 days before the general election, as part of McCain-Feingold in 2002.

So, say the Senate takes up an immigration bill granting full amnesty to all illegal immigrants this fall -- it will be almost impossible for grassroots groups to advertise against it, because they won't be able to run ads during this period naming the people who are sponsoring or voting on the bills. Criticizing them by name during this window is against the law. You can't ask voters to "call Congressman [So-and-So]."

It's almost unbelievable, but it's the system we live under thanks to Sen. John McCain. >>>

The FEC will meet at the end of this month to consider an exception to the limit on grassroots ads if they are ads that are addressing what a politician is doing in his/her elective capacity rather than criticizing them as candidates. Like there is some massive difference in the Fall of an election year between what congressmen are doing as candidates or as officeholders. But these are the type of differences balanced on hatpins that campaign finance gurus believe that they can distinguish.

betsyspage.blogspot.com

realclearpolitics.com

moresoftmoneyhardlaw.com



To: Sully- who wrote (17148)9/6/2006 8:59:13 PM
From: Sully-  Respond to of 35834
 
Blackout Days

By Captain Ed on First Amendment
Captain's Quarters

We are now 60 days from the midterm elections, a key date for anyone hoping to exercise free political speech in the world's first free and democratic republic. America has entered the John McCain-Russ Feingold blackout period, where the federal government must enforce a ban on any third-party political advertising that has the temerity to mention incumbent politicians by name:

<<< Something almost without precedent in America will happen Thursday. That’s the day when McCain-Feingold — aka the Bipartisan Campaign Reform Act of 2002 — will officially silence broadcast advertising that contains criticism of members of Congress seeking re-election in November. Before 2006, American election campaigns traditionally began in earnest after Labor Day. Unless McCain-Feingold is repealed, Labor Day will henceforth mark the point in the campaign when congressional incumbents can sit back and cruise, free of those pesky negative TV and radio spots. It is the most effective incumbent protection act possible, short of abolishing the elections themselves.

How can this possibly be, you ask? McCain-Feingold — named after the law’s main advocates, Sen. John McCain, R-Ariz., and Russ Feingold, D-Wis. — bans all broadcast political advocacy advertising that mentions candidates by name, beginning 60 days before the election. President Bush signed and the U.S. Supreme Court shockingly upheld McCain-Feingold three years ago. Earlier this week, the Federal Election Commission, decided against allowing an exemption to the ban that would have allowed some highly restricted advocacy ads by groups like the U.S. Chamber of Commerce and the AFL-CIO. >>>

Be thankful I can even mention this. It took an FEC action to exempt me and my fellow bloggers from this ban, which does not apply to media outlets. Otherwise, I would have to refrain from telling readers that John McCain, Russ Feingold, Christopher Shays, Marty Meehan, and every politician who voted for the Bipartisan Campaign Reform Act had passed the worst restriction on free speech since the Sedition Act during World War I. And let's not forget that George Bush signed the legislation into law and that the Supreme Court upheld the constitutionality of restricting political speech to protect incumbents.

If you feel just a little less free today, this is the reason why.

captainsquartersblog.com

examiner.com



To: Sully- who wrote (17148)9/13/2006 10:00:31 AM
From: Sully-  Respond to of 35834
 
Yes, Russell, There Really Is A 1st Amendment Problem In The BCRA

By Captain Ed on First Amendment
Captain's Quarters

In an editorial in yesterday's Examiner, former Federal Elections Commissioner Bradley Smith demolishes a recent assertion by Senator Russ Feingold that his Bipartisan Campaign Reform Act does not trample on First Amendment rights. Smith, who had a front-row seat to the implementation of McCain-Feingold, assures him that telling people when they can and cannot publicly criticize politicians is an egregious limitation on free speech:


<<< Sen. Russ Feingold, D-Wis., takes issue with The Examiner’s editorial criticism of the McCain-Feingold bill and its “ban” on certain broadcast ads. The indignant senator responds that the law “doesn’t ban or censor any speech.”

Feingold’s position is disingenuous. For just a few sentences after telling us the law “doesn’t ban or censor any speech,” he tells us that McCain-Feingold was necessary to prevent some voices from being “drowned out” by others. As McCain-Feingold does nothing to affirmatively create or encourage speech — it offers no subsidies or platform for political speech — the only way it can prevent anyone’s voice from being “drowned out” is through the suppression of other speech — and that is indeed what McCain-Feingold does, as the senator must know. ...

Sen. Feingold can say what he wants, but he cannot deny that the explicit purpose of McCain-Feingold was to reduce the political speech of American citizens. After four years, what have we gained for surrendering this freedom? Is Congress less corrupt? Less controlled by special interests? Is public policy better? Are campaigns more focused on issues? What tangible benefit has been gained? I submit that the answer is none.
>>>

For most civil libertarians, the notion that the government should determine which political speech has more value than others is a giant step on the way to totalitarianism. Feingold says that some speech would swamp out other speech, but that's a determination for a free market in speech to make. The blogosphere erupted as a reaction to market impediments to speech, and now features the most open political debate in American history.

This is at the root of our analysis of the BCRA as an incumbency protection racket. Our nation was founded on the principle that those in power should be held to great scrutiny. The BCRA stands that principle on its head by forbidding a range of criticisms against politicians just when that scrutiny has the most effect: in the 60 days prior to an election to either uphold or replace them. Without being able to offer specific critiques, the ability for citizens to speak out in an effective manner against incumbents almost guarantees their re-election.

As Smith reports, Feingold's answer to this problem is to advise people to form political action committees to allow them to speak out. I must have missed the part of the First Amendment that required people to register with the IRS in order to have free political speech. In an era where PACs have allowed candidates to avoid responsibility for electoral messaging, John McCain and Russ Feingold want to see more of these "speech shelters" and less actual grassroots campaigning.

Smith has delivered an indictment on Feingold's violations of the Constitution. With any luck, Wisconsin voters will provide the conviction.

captainsquartersblog.com

examiner.com



To: Sully- who wrote (17148)10/30/2006 9:45:52 PM
From: Sully-  Respond to of 35834
 
Checkbook Politics Still Drawing Interest

By Captain Ed on First Amendment
Captain's Quarters

In 2002, Russ Feingold and John McCain convinced Congress and the American people to sell out the First Amendment in exchange for getting the big money out of politics. Accept these limitations on free speech, proponents of the BCRA asked, and we'll keep rich people from buying our elections. On that basis, it passed both houses and George Bush signed it into law.

So how has it worked? The First Amendment restrictions have worked rather well; people still cannot criticize incumbents in the final 60 days before an election, a development that would have shocked and angered the men who wrote and adopted the First Amendment as a check against professional politicians. However, the money keeps on rolling into politics, only now it goes outside the channels of accountability, as the Los Angeles Times reports:


<<< Unions, corporations and wealthy individuals have pumped nearly $300 million this year into unregulated political groups, funding dozens of aggressive and sometimes shadowy campaigns independent of party machines.

The groups, both liberal and conservative, air TV and radio spots, conduct polls, run phone banks, canvass door-to-door and stage get-out-the-vote rallies, with no oversight by the Federal Election Commission. Set up as tax-exempt "issue advocacy" committees, they cannot explicitly endorse candidates. But they can do everything short of telling voters how to mark their ballots.

Because they can accept unlimited donations from any source, the committees — known as 527s — have emerged as the favored vehicle for millionaires and interest groups seeking to set the political agenda. ...

Named for a section of the IRS code, 527s have been around for years but became a political force in 2004 after the Bipartisan Campaign Reform Act of 2002 — also known as the McCain--Feingold Bill — limited donations to political parties. Groups such as Swift Boat Veterans for Truth on the right and America Coming Together on the left contributed $600 million that year, with a heavy focus on the presidential race. >>>


The midterms have generated lower contributions, but the process has become more sophisticated. In Colorado, three liberal millionaires have funded a 527 named Coloradans for Life, attacking the Republican incumbent for not being sufficiently pro-life, when the Democrat is more pro-choice than the Republican. The largest contributions to 527s this year come from unions, which amounts to $60 million of the $300 million collected thus far by the tax-free advocacy groups.

Who tops the list in individual checkbooks? Bob Perry, who financed the Swift Boat Veterans for the Truth, has contributed $5.5 million for conservative issues. He's matched by Jerry Perenchio, with another $5 million for similar purposes. George Soros and Peter Lewis fund liberal groups with donations of $3 million and $1.6 million respectively, and they're joined by John Hunting with another $1.6 million. The top two 527s both come from unions (SEIU, $23.2 million and AFSME, $16.3 million).

Ironically, the Times found all of these figures at Opensecrets.org, the web site devoted to full disclosure in politics. This represents the real reform of the campaign system in the US; disclosing whose money supports which politicians. If that money went directly to the candidates in question, we could draw direct lines between politicians and contributors. We could also hold the campaigns and political parties responsible for their campaign messages, rather than witness the slew of attack ads that come from left field, especially in the final weeks of the election cycle.

John McCain and Russ Feingold sold America a bill of goods. Restricting free speech did not free us from checkbook politics; in fact, it made the problem worse by allowing it to hide behind these so-called advocacy groups. We should be ashamed of buying such a scheme, almost as much as the men who sold it to us in the first place.

captainsquartersblog.com

mail.yahoo.com;

mail.yahoo.com;



To: Sully- who wrote (17148)3/29/2007 2:19:55 AM
From: Sully-  Respond to of 35834
 
Campaign reform? Try campaign inflation

By Jonah Goldberg
Townhall.com Columnist
Wednesday, March 28, 2007

Billionaire Michael Bloomberg reportedly tells friends that his idea of good financial planning is to have his check to the undertaker bounce. "So," asks the Washington Post, "how does a billionaire spend all his money before he dies?" Well, "he just might drop a cool half-billion on a long-shot bid to become the nation's first modern president from outside the two major political parties."

Now, if you're the sort of person who thinks Bloomberg, the mayor of New York, is the man to save America, this column's probably not for you. So, the seven or eight of you who feel this way are excused from reading further. For the rest of us, the pressing question is, "What hath we wrought?"

Ten years ago, as veteran campaign finance reformer Mark Schmitt notes in the current issue of Democracy, the modern campaign finance movement was born. It was in 1996 that the nation witnessed its first billion-dollar election - when all of the federal races combined exceeded $1 billion in expenditures. It was also the year when Bill Clinton seemed to have rented out the White House to big donors and shady Chinese characters.

The next election probably won't need Chinese subtitles, but it's likely that $1 billion will be spent on the presidential campaign alone.

I have no objection to price inflation in political campaigns per se. More money means more communication, more debate, more education. In other words, more democracy.

When people say that politics has become too expensive, the correct response is "compared to what?" Americans spend between $200 billion and $300 billion on Christmas presents, $36 billion on their pets, $10 billion on pornography and more than $1 billion on toy action figures and accessories.

So a billion bucks on the next commander in chief may not be so crazy - assuming that more expensive means better quality.

What offends me is the primary reason for the inflation: campaign finance "reform."
The Bipartisan Campaign Reform Act, a.k.a. the McCain-Feingold law, passed in 2002, was supposed to improve the system by regulating the amount of money going into, and coming out of, politics. Campaigns could no longer belly up to big donors and instead had to go to thousands of smaller contributors. Nor could supporters write large checks (soft money) to the political party of their choice, but they could instead give money to third-party "527 groups" unregulated by campaigns or parties.

The reformers' thinking goes something like this, Schmitt writes: "Money is a bad thing that should be kept out of politics. 'Big money' is worse. 'Private money' is bad, 'public money' is good. Instead of asking, 'How can we encourage the kind of things we think are healthy for democracy?' ... They see the money move to another stream, and they try to dam that stream, then the next and the next."

This sort of thinking is guaranteed to lead to disappointment. Campaign finance reform doesn't keep money out of politics, as the price inflation demonstrates. It merely skews the market, making it harder for rookies and amateurs to get in and easier for the pros and incumbents to game the system.

It's a lot like government tuition aid. Intended to keep costs low, these programs have driven tuitions skyward. The richest kids can afford college without government help or big loans (and they can afford to pay for tutors in order to get into their preferred school), but few others can.

Similarly, the richest candidates or the candidates with the biggest war chests - surprise! they tend to be officeholders - love campaign finance reform because it burdens the competition.
New Jersey Gov. Jon Corzine, a Democrat, largely bought his U.S. Senate seat with $68 million of his own money and his governorship with $43 million. In 2000, George W. Bush opted out of public funding for the primaries. He did it again in 2004, and John Kerry did, too. Seeing that the system holds back the suckers, Hillary Clinton has announced she's ditching public funding entirely. If Bloomberg runs, he might not even try to raise money.

"Campaign contributions from a single source that run to the hundreds of thousands or millions of dollars are not healthy to a democracy," Sen. John McCain declared in 2001. "Is that not self-evident?"

Well, it's about as self-evident as the notion that having a candidate give himself $500 million to run for president is healthy for democracy. Which is where "reform" has gotten us.

Bloomberg fans might say: "Hey, it's a free country, why shouldn't he be able to blow his money on politics if he wants?" The answer is: He should be. The questions in response should be: Why aren't non-billionaires allowed to do the same thing? And: Why is it only OK when you're making donations to yourself?


Jonah Goldberg is editor-at-large of National Review Online.

townhall.com