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Campaign Finance Reform: The Shifting and Ambiguous Line Between Where Money Talks and Speech is Free
Buchaktionen
Mit Lesen beginnen- Herausgeber:
- Brynne VanHettinga
- Freigegeben:
- Jun 30, 2018
- ISBN:
- 9781732285613
- Format:
- Buch
Beschreibung
Do you hate the fact that corporations have too much influence over the legislative process, but love the First Amendment and want to protect it, too? In today's climate of corrupt politics alongside real threats to free speech, it seems that anything we do to address one problem will make the other problem even worse.
Big money controlling our political agenda is a huge problem. Yet attempts to regulate it have often implicated constitutionally protected rights to freedom of speech. This book analyzes the arguments on both sides, recognizes the legitimate claims of each, and proposes possible solutions.
The influence of money in politics has been a problem for over a century. This book provides a brief historical account of campaign finance reform efforts beginning with the 1925 Federal Corrupt Practices Act. It then describes the tensions between alternating Congressional Acts and U.S. Supreme Court rulings to deal with the problem of money in politics. A critical analysis of the fallacies of the Citizens United decision also acknowledges that there are real issues with the infringement of political speech. Proposed solutions avoid (or make more transparent) corporate influence on the legislative process without running afoul of the First Amendment.
A great complement to civics education classes and programs, and a thought-provoking read for legal and policy wonks.
Informationen über das Buch
Campaign Finance Reform: The Shifting and Ambiguous Line Between Where Money Talks and Speech is Free
Beschreibung
Do you hate the fact that corporations have too much influence over the legislative process, but love the First Amendment and want to protect it, too? In today's climate of corrupt politics alongside real threats to free speech, it seems that anything we do to address one problem will make the other problem even worse.
Big money controlling our political agenda is a huge problem. Yet attempts to regulate it have often implicated constitutionally protected rights to freedom of speech. This book analyzes the arguments on both sides, recognizes the legitimate claims of each, and proposes possible solutions.
The influence of money in politics has been a problem for over a century. This book provides a brief historical account of campaign finance reform efforts beginning with the 1925 Federal Corrupt Practices Act. It then describes the tensions between alternating Congressional Acts and U.S. Supreme Court rulings to deal with the problem of money in politics. A critical analysis of the fallacies of the Citizens United decision also acknowledges that there are real issues with the infringement of political speech. Proposed solutions avoid (or make more transparent) corporate influence on the legislative process without running afoul of the First Amendment.
A great complement to civics education classes and programs, and a thought-provoking read for legal and policy wonks.
- Herausgeber:
- Brynne VanHettinga
- Freigegeben:
- Jun 30, 2018
- ISBN:
- 9781732285613
- Format:
- Buch
Über den Autor
Bezogen auf Campaign Finance Reform
Buchvorschau
Campaign Finance Reform - Brynne VanHettinga
Author
Acknowledgements
One picture is truly worth a thousand words, and my thanks to these editorial cartoon artists, whose talent for telling it like it is in one picture has made this serious subject more fun and interesting:
Russel Russmo
Cox
Brian Duffy
Clay Jones
Dan Wasserman
The late Larry Wright
and the friendly folks at Cagle Cartoons.
Introduction
Nobody wants campaign finance reform more than me.
It would save me a fortune.
Andrew Tobias
THE FOLLOWING PAGES present the real challenges in reforming a political system that not only appears to be for sale to the highest bidder, but has actually resulted in a society that favors the interests of corporations and wealthy individuals at the expense of the majority. The evidence of this is the astronomical growth of the incomes of those in the top 10% (and even more so for those in the top 1%), while most of the rest of us continue to work harder for less. Popular opposition to the influence of money in politics has manifested in historical cycles, and while legislation that attempts to redress this problem does eventually get enacted, it usually results in only minor incremental changes which are eventually circumvented by those who benefit from the status quo.
Besides the obvious problem that the persons charged with changing this system are legislators that are always looking to finance their own next election, there is a very real problem with the First Amendment. When most of us hear about the current campaign finance reform arguments we might first think that money is not the same thing as speech,
and attempts to correlate them are patently absurd. Alternatively, since most of us (or anyone we know) have no intention of spending this kind of money on a political candidate, we view any potential infringement of First Amendment rights as being minimal. But infringements of rights tend to have a slippery slope effect of gradually casting an ever-widening net over a greater number of persons and situations.
The following pages present a historical overview of the challenges confronting campaign finance reform as well as broader systemic phenomena that contribute to the problem. It analyzes the logic (or lack thereof) behind the major Supreme Court decisions, and suggests a number of potential solutions that do not involve express limitations on how much a person (a real person) can donate to the candidate or cause of his or her choice.
CHAPTER ONE
The History of Campaign Finance Reform
THE INFLUENCE OF MONEY IN POLITICS is not just a recent issue, but has plagued American politics for over a century. For at least the past hundred years, Americans have witnessed a recurrent pattern of calls to get big money
out of politics followed by seemingly ineffectual reforms. Popular backlash against big money
in politics compels legislators to enact restrictions, usually in the form of limits on campaign donations and electioneering communications, along with various donor disclosure requirements. This is followed by an inevitable challenge in the Courts on the basis of constitutionally protected freedom of speech. These continuing clashes between the legislative and judicial branches of government induce similar discord in the population at large, since they seem to represent a zero-sum game between two priceless American ideals: popular democracy, where the people
are truly represented and their voices are heard, and freedom of speech—an individual right that the Constitutional Framers chose to give top priority in the Bill of Rights.
Early Attempts to Prevent Political Corruption
In the late 1800s, the primary source of campaign funding was assessments against the salaries of government employees, who were often beholden to an elected official in exchange for their position. Congress passed the Pendleton Civil Service Act in 1883 to end the spoils
system by making government employment available only through competitive exams. Through the early 1900s, government continued to institute structural changes designed to remove administrative public servants
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