A Discussion Of Campaign Finance Regulation

Corporate advantage is often times very controversial in government, from funding candidates with money, to swaying the mind of the voters, to making PACs and superPACs; this topic is not at rest with the F.E.C. or other government programs or agencies. In this case we see “Citizens United” ,a special interest group, fight with the F.E.C. about this advantage and the right to set restrictions on spending money for the purpose of engaging in political speech. In a 5-4 decision, Some may think that the court ruled correctly on corporate expenditures ; yet lots of people think that this advantage is corrupt, here’s why.

This year’s election alone has brought about many emotions and deep rooted feelings that have not come out in years. Hate speech and actions carried out because of hate speech has cause a deep division in American culture. Groups like “Black Lives Matter”, “All Lives Matter”, and “Alt-Right” are all under fire for things that have been said or done in the names of these groups. There has been terrorist attacks in the names of religious groups whom believe that a newspaper or group has insulted their religion, beliefs, and gods. Not to mention our own President Elect of the United States, Donald Trump, has been accused of fueling much of the hate speech we see today. This begs the question, should freedom of speech have any restrictions or be limited in any way, or is that unconstitutional? To look at this we must first identify what “Freedom of Speech” is as defined in the constitution and how it relates to current issues in the world and in America, then I will talk about some situations where regulation is already put in place in America, lastly we will look at some situations where I believe freedom of speech could use some clarification or restriction.

From the very first elections held in the United States, there has always been a strong link between money and politics. During the first elections in the late 1700’s you had to be a white male landowner over the age of 21 in order to vote, meaning that you had to have money in order to have your vote counted. It seems today that we cannot go a day with out seeing campaign finance in the media, whether or not it is through advertisements for politicians in the media or asked to donate money to help let your favorite candidate win. Because campaign finance has always been on the back burner of political issues, there has hardly been any change to the large influence money has over the election process and politicians. While money has it’s

Campaign Finance reform has been a topic of interest throughout the history of the United States Government, especially in the more recent decades. There are arguments on both sides of the issue. Proponents of campaign finance limits argue that wealthy donors and corporations hold too much power in elections and as a result they can corrupt campaigns. Those who favor less regulation argue that campaign donations are a form of free speech. One case in particular, Citizens United vs. The Federal Election Commission has altered everything with pertaining to Campaign Finance.

In this Supreme Court 5-4 decision, the Court states that the First Amendment protects corporate and union funding of independent political broadcasts in elections. The First Amendment states that “Congress shall make no law ... abridging the freedom of speech.” Or as the Court says, the

The right of free speech granted to all citizens in the first amendment, the necessity of funding expensive political campaigns, and the fact that small donations make a candidate responsive to the needs of their constituents, all make any restrictions on campaign financing unneeded and onerous. Congress should strike down any bills attempting to reform this essential part of the U.S. election process. Any further restrictions on donations to political campaigns will prove detrimental to the United States functioning system of elections by limiting individuals’ freedom of speech, making our candidate’s campaigns underfunded and unresponsive to the needs of the American people.

‘Despite several attempts to regulate campaign finance, money increasingly dominates the U.S. Electoral process and is the main factor contributing to a candidates success’ Discuss (30 marks)

Daniel R. Ortiz’s writing, The Democratic Paradox of Campaign Finance Reform states that those who argue for campaign finance reform, violate the democratic theory in the name of defending it. This article reveals the paradox between campaign finance reform and other types of regulation of political process. Although the paradox is unavoidable, along with discomforting, it should be made evident.

What does freedom of expression really mean? Why is it important to our democratic society? In the landmark case of R. v. Keegstra (1990), the issues of freedom of expression

Declaring the ban of corporate and union independent expenditures unconstitutional the Supreme Court indeed ruled correctly, enforcing the idea that factions and liberty are essential to the functioning of a republican government and upholding the people’s right to free speech guaranteed to them by the first amendment. In ruling the ban on independent expenditures of unions and corporations unconstitutional the Supreme Court reiterated the long standing belief of the framers and the public that factions are inevitable and necessary to the success of a republican government. In a republican government the power resides in the elected officials chosen by the public whom they represent. It is common knowledge that the public’s opinions will

Monetary value has had significant influence in determining the outcome of elections. The input and strategies put forward by different forces determine the organizational scheme and the ability to grab most of the seats. Although money has been linked to corrupt deals in many countries, with leaders amassing power through corrupt and underhand methods, especially in Africa, this is not the case of the same monetary influence witnessed in America. The conventions of the U.S.A raise a lot of money in preparation for campaigns and elections to constitute a good number of representatives. The paper, therefore, looks at the effect of money in the recently concluded elections of the Congress, giving a deeper view of the 113th and 114th Congress election of the two major conventions.

Acts of corruption do not necessarily heighten the potential for corruption that individual contributions to candidates do, the Court found that restricting them does not serve a government interest enough to allow a reducing of free speech and association stated in the First

The Supreme Court also sited in that same ruling that, “In a free society by our Constitution, it is not the government, but the people-individually as citizens and candidates and collectively as associations and political committees-who must retain control over the quantity and range of debate on public issues in a political campaign” (Keena 6). While it may be a violation of freedom of speech to limit television ads, many of today’s candidates have made a mockery of the existing legislature regarding campaign financing. Ex-president Bill Clinton bent the rules and laws more than possibly any elected official ever, and certainly farther than anyone since Richard Nixon. Thad Cochran, a veteran Republican senator from Mississippi, stated, “Clinton used his own party and had it operated out of the campaign office, which was the White House, to coordinate expenditures by the Democratic Party and his election campaign in an unlimited amount, using soft money to pay for the ads, with his own chief-of-staff making the decisions about the kind of advertising, and Clinton himself was involved in writing some of the ads that were actually run by the Democratic Party using soft money” (Williams 10). No elected official had ever gone so far as to run soft money ads out of his own office, let alone rewrite the ads himself. It is cases such as this one that are prime examples for why there is such a need for new laws to govern campaign financing.

With the upcoming presidential election, it has been interesting to learn about things as they are actually happening in our country today. Among the many issues that surround the race to the office, financing the presidential election seems to be a major topic that is always in the public eye.      There are many different views on how the election should be financed but it is hard to tell how far government funding and donations can go before democracy is left behind.

The idea of money in politics has always been a polarizing issue. For over one hundred years the discussion of individuals and corporations financing campaigns has led to a debate of corruption versus free speech. Is money in politics a corrupting influence that always leads to quid pro quo? Or, is it an issue of allowing individuals to use their money as an extension of their freedom of speech? Recently, campaign finance reform has been a very dynamic issue. With the last major supreme court case Citizens United v. FEC, money in politics has taken a significant turn from the status quo. With only seven years after the Citizens United ruling we can already see the effects of less regulated free speech in politics.