Campaign finance reform has a broad history in America. In particular, campaign finance has developed extensively in the past forty years, as the courts have attempted to create federal elections that best sustain the ideals of a representative democracy. In the most recent Supreme Court decision concerning campaign finance, Citizens United v. Federal Election Commission, the Court essentially decided to treat corporations like individuals by allowing corporations to spend money on federal elections through unlimited independent expenditures. In order to understand how the Supreme Court justified this decision, however, the history of campaign finance in regards to individuals must be examined. At the crux of these campaign finance laws …show more content…
Furthermore, these laws are particularly important because they deal with discussion of public issues and debate on the qualifications of candidates. This sort of speech allows citizens to make an informed decision about which candidate they will elect. This is crucial to the operation of the government, for those who are elected will shape the nation in a profound way. As legal scholar Alexander Meiklejohn argued when explaining the necessity of protecting political speech, “self-governance can only exist insofar as the voters acquire the intelligence, integrity, sensitivity, and generous devotion to the general welfare that, in theory, casting a ballot is assumed to express.” For these reasons, the ability to spend money on elections is essential to the First Amendment, as it allows for the communication of ideas and opinions that are crucial to democracy. The need to protect this first amendment right, however, is balanced against the need to avoid corruption in federal elections. The Federal Election Campaign Act of 1971 (FECA) attempted to revamp the structure of campaign finance, particularly dealing with eliminate corrupt uses of campaign contributions. Money in the form of a contribution can easily be seen as a bribe, or an attempt to influence a candidate in the contributor’s favor. FECA required
Each year billions of dollars are spent on getting candidates of various offices of government elected. Many candidates have had tremendous success through the efforts of much needed monetary contributions to their campaign. Contributors range from unions, religious leaders, organizations such as Mothers Against Drunk Drivers (MADD), the National Rifle Association (NRA), and senior citizens groups. When these groups, known as special interest groups, donate to candidate’s campaign, they expect the candidate to respond to their issues. Because special interest groups, as well as private citizens donate more and more money to campaigns, there is some concern that there is a great need for campaign finance reform.
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.
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
Dating back many decades, it appears that lobbying and politics have always gone hand and hand on any political stage. Lobbying has always had a strong presence in the legislation system. Lobbying is the process of offering campaign contributions, bribes, or information to policymakers for the purpose of achieving favorable policy outcomes. Conventional wisdom suggests that lobbying is the preferred mean for exerting political influence in rich countries and corruption in poor countries. The legislation is meant to benefit society and ensure that citizens are having their voices heard, instead of hindering them in favour of the multi-national corporations. Lobbying has a negative influence on legislations in both developed and developing
‘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)
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.
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.
The demons of a misinterpreted judicial review have corrupted the legislature, the courts, and our political process. In 2010, the Supreme Court struck down the McCain-Feingold Act as unconstitutional. The landmark Citizens United v Federal Elections Commission decision ruled that political spending is a form of free speech and corporations have license to contribute exorbitant amounts to politicians. Citizens United ensures denies the voices of citizens as representatives are beholden to outside interests rather than their constituency. I, Justice John B. Gibson, hold that the power of judicial review is too widely interpreted and, to keep government officials accountable, must be vested in the masses to rediscover some twinge of our once budding representative democracy.
The 1970s began a more active era of campaign finance reform. The passing of the Revenue Act of 1971 allows citizens to contribute one dollar to a presidential candidate’s campaign fund by checking a box on their federal income tax returns. Along with the Revenue Act of 1971, the Federal Election Campaign Act was also passed in 1971. This law institutes disclosure requirements for federal candidates, political parties, and political action committees of donations more than $100. This law also sets a spending limit of $50,000
In 1974, FECA–the Federal Election Campaign Act–a campaign finance law, was amended to place legal limits on campaign elections to a maximum of $1,000 per individual and $5,000 per PAC–political action committee–for each primary, election and runoff. However, FECA neglected to take into account the effects of inflation. Since 1974, inflation has caused $1,000 today to equate to only $240 in 1974, less than a fourth of the originally intended amount. Due to this, candidates need to raise four times the amount of money that they did 41 years ago when the act was amended. Consequently, candidates must focus more on fundraising and have less time to meet citizens and tend to their official
The next presidential election will be one like no one has ever seen before in terms of campaign funding and expenses. Even now, the GOP Presidential Primary races are already showing signs of how money will not be an object for their presidential candidate. The seemingly limitless budget exists for these candidates thanks to the so-called Super PACs (Political Action Committees). These Super PACs are allowed to come up with independent financing for the presidential campaign, sans any budgetary ceilings. The inner workings of such a committee has left a bad taste in the mouths of the voters even though very little is known about the actual history and reasons for the existence of the Super PACS. This paper will delve into the committee's
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.
After President Nixon and the Watergate controversy in 1971, the United States began to put limits on how much a candidate could receive and spend within a campaign. In order to enforce fairness between candidates,
We are not a democracy, yet we do have a voice in our own government. Elections are the choice microphones for many citizens. There on Election Day, they have the right of making their voices heard; however, many interest groups and a few individuals seem to have a louder voice due to campaign financing:
Another aspect of FECA was to limit hard money. The philosophy behind this was to restrict the amount of money one individual could give directly to a PAC so they would not have too much influence in the outcome of an election. As a reaction, the PACs started investing into media outlets and began creating commercials. By doing this PACs were able to maintain their influence while still obeying the campaign laws (Hughes 4:30-5:00).