Final Paper:
The First Step Towards Lasting Campaign Finance Reform
“You don 't put "vote Bartlet" in the ad, you can pay for it with unmarked bills from a bank heist if you want to.” - Bruno Gianelli (Fictional character, The West Wing, S03E06, “Gone Quiet”)1
Debates about the just and proper financing of campaigns for public office can be traced as far back as the Federalist Papers. On one side are those that believe any restriction in the frequency or amount of individual, corporate or union donations is an unconstitutional assault on the freedom of (political) expression guaranteed by the First Amendment. On the other side are those that worry about the fair stewardship of elections. Do those with the means to make more
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According to OpenSecrets.org,
“Super PACs may raise unlimited sums of money from corporations, unions, associations and individuals, then spend unlimited sums to overtly advocate for or against political candidates. Super PACs must, however, report their donors to the Federal Election Commission on a monthly or quarterly basis -- the Super PAC 's choice -- as a traditional PAC would. Unlike traditional PACs, Super PACs are prohibited from donating money directly to political candidates.”2
While Super PACs do need to make financial disclosures to the FEC on a monthly basis, their ability to take donations from corporations leaves them amble room to leave the names of their end donors undisclosed. Many Super PACs report donations as coming from one or multiple 501(c)(4) (politically active non-profit) organizations that do not have to disclose their donors. This is referred to as "the Russian nesting doll problem” among campaign finance reform advocates.
It is worth noting that the rise of Super PACs and other forms of unregulated campaign spending is of concern to politicians too. President Obama, as part of his 2010 State of the Union Address, said,
“With all due deference to separation of powers, last week the Supreme Court reversed a century of law that I believe will open the floodgates for special interests –- including foreign corporations –- to spend without limit in our elections. I don 't think American elections should be
With electing candidates, the PAC can offer anywhere from $5,000 to $15,000 towards a candidate committee, or a national party committee. With money being a sole factor with the PAC, it plays as a huge role with power being that it determines influence when it comes to elections and/or legislation. Another similar Political Action Committee is known as the Super PAC, raises an unlimited amount of funds from corporations, unions, associations, and citizens. The Super PAC spends its funds towards advocating for or against political candidates at a federal level. With the unlimited amounts of money being brought to the Super PAC, they must undergo a monthly reporting of their funds to the Federal Election
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.
A further argument that compliments the idea that money increasingly dominates the US electoral process and is the main factor in contributing to a candidate’s success is Congress’ attempts to try and limit its influence. The Bi-Partisan Campaign Reform Act 2002 set limits on campaign finance but was effectively struck down in Citizens United 2010. Congress isn’t trying to set limits on the amount of events a candidate runs but rather the expenditure limits. This suggests that money increasingly dominates the US electoral process and is the main factor in contributing to a candidate’s success because Congress trying to limit indicates its influence and dominance. In the UK, there is a strict campaign finance rule, which also compliments the idea that it is a dominant factor.
In recent elections on the congressional level as well as for President we see the growing influences of interest groups in the form of PAC’s and Super PAC’s to back candidates. Super PAC’s can spend an unrestricted amount money to support a certain problems or candidate but cannot donate directly to the campaigns. PAC’s work with campaigns directly reallocating donations to candidates and parties.
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.
Regulating soft money has been difficult because of constitutional issues that protect First Amendment rights, and Congress’ rights over regulating political parties must be focused on preventing fraud or corruption (Mason, 1997). Soft money is used to mobilize campaigns by using the money to support voter registration drives, and other similar activities designed to jump start a candidates’ campaign (Brennan Center, 2000). For this reason, soft money is important to an election campaign, and recently the amount of soft money raised for campaigns has skyrocketed. It has become a concern because it is largely unregulated and can be used to gain an unfair
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
While there is a limit to the amount an individual, group, or corporation can give directly to a political candidate, there is no limit to the amount of money one can give to a super PAC. These super PACs work closely with a candidate’s campaign and pay for many of the candidate’s expenses. Super PACs spend a lot of money on expensive television advertisements to endorse their candidate and degrade their candidate’s opponents. While candidates often have to disclose their direct campaign contributions, super PACS do not. Super PACs are able to keep the sources of most of their funds hidden from the public. Some Senators and Representatives have been working on passing legislation to remove the cap on individuals’ direct campaign contributions. This would allow candidates to campaign without super PACs, making the sources of campaign funding more clear (Price
Of course, such influence establishes a tyranny of the rich that our forefathers clearly wanted to prevent. Senator Russ Feingold, a proponent of campaign finance reform, said, "The current campaign finance system is fueling the transformation of our representative democracy into a corporate democracy creating a political system that allots power in direct relation to the amount of money an individual or interest group can contribute" (Campaign Finance Reform). The horror of such a governmental system has fueled the cries for campaign finance reform.
That is one reason why the public has come to reject the idea of the Super PACs. It has the turned the political campaign into a shallow, reality television, mud-slinging type of contest from which the candidates can never return. The ads being run in the newspapers, television, and radio stations cost these candidates and Super PACs money that could have been used for better political means such as contributions to charitable organizations by the candidates or their support groups on their behalf. That sort of act would have had a greater political impact upon the voting public than an ad campaign explaining the ills of Newt Gingrich. Even more sickening, is the fact that most of the candidates will feign knowledge of participation in any negative campaign movements because of the independent nature of the Super PACs. The candidate can deny any involvement in the act all the while coordinating with his Super PAC under the radar of mass media. These negative campaigns leave the candidate free and clear of any involvement as all the Super PAC has to do is run the ad with a clear disclaimer absolving the candidate the ad supports of any wrong doing because the ad was not sanctioned by the candidate or political party.
With the introduction of “soft” money in politics, elections no longer go to the best candidate, but simply to the richer one. Soft money is defined as unregulated money that is given to the political parties that ends up being used by candidates in an election. In last year’s elections, the Republican and Democratic parties raised more than one-half of a billion dollars in soft money. Current politicians are pushing the envelope farther than any previous administrations when it comes to finding loopholes in the legal system for campaign fundraising. The legal limit that any one person can contribute to a given candidate or campaign is one thousand dollars. There is, however, no limit on the amount of money one
In a court case in 2010, Speechnow.org v. Federal Election Commission, the ability to spend virtually limitless money on an election was given under first amendment protection. With this ruling, Political Action Committees, or super PACs, have become tremendously influential when it comes to elections. Unlike regular PACs, these super PACs cannot directly donate any raised money directly to this political candidate. While these parties can not directly donate this raised money, and must be independent of the candidate they support or oppose, there is a huge debate of the unclear line involved with who can be a part of these super PACs. For example, Obama had his Republican challenger and former aides of his office supporting his super PAC.
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.
After the Citizen United vs. the FEC Supreme Court ruling, in favor of Citizens United, political campaigns have the ability to raise much greater funds through organizations called super PACs. According to Michael Beckel a political reporter for the Center for Public Integrity, “Officially known as “independent expenditure-only committees”— and unofficially dubbed “super PACs”—these political action committees are able to raise unlimited amounts of money from individuals, corporations, unions, and other organizations” (Beckel 655). On top of the ability to raise unlimited funds, the individuals donating are not required to disclose their names. This could lead to some serious corruption. Super PACs can run as much advertisement either for or against a political candidate, seriously swaying the way citizen’s vote and view a candidate. In fact “super PACs are allowed to use 100 percent of the funds they raise to influence elections” (Beckel 656). No one expected this Supreme Court ruling to have an impact so fast. As stated in an article published by The Nation, “The total number of TV ads for House, Senate and gubernatorial candidates in 2010 was 2,870,000. This was a 250 percent increase over the number of TV ads