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Beyond Hypocrisy: Thoughts On Campaign Finance Regulations
Mocking the president's grossly hypocritical new anti-527 stance is fun. It's also fun to note that they've obviously sent him and Scott McClellan out there to say this stuff without having given any consideration whatsoever to the topic as a policy issue since they're clearly miles away from an operationizable definition of what, exactly, they mean by "shadowy groups." At some point, though, you need to go beyond poking fun and crying "hypocrite!" to talk about substance. One of the few things Bush was right about during the 2000 campaign, both during its anti-McCain phase and its anti-Gore phase, was that the McCain-Feingold bill (now the Bipartisan Campaign Finance Reform Act) was a bad idea. The intention was, I think, admirable but there's simply no way to efficaciously "take [some of the] money out of politics" without placing intolerable restrictions on core liberties like the freedom of association and the freedom of speech.
Disclosure rules, which limit corruption by creating some counterveiling embarrassment, are welcome, not only for political campaigns, but for any corporation (profit or non-profit, political per se or otherwise). If, on the other hand, you're less concerned about corruption than by the structural inequality in political power creating by the need to raise funds (and I think you should be) then the only viable solutions are supply-side ones. Things like free television time, various public financing schemes and so forth reduce the demand for and importance of, money. McCain-Feingold is trying to do something that could only really be achieved by the means of something (like Bush's proposal) that would be draconian and wrong.
August 23, 2004 | Permalink
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» Clearer Thinking on 527s from Win Back Respect Blog
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Comments
"then the only viable solutions are supply-side ones"
Agree. The Presidential public financing, being voluntary, has seemed at least on the surface to be beneficial.
Not crazy about disclosure rules. (Actually not happy with any restrictions whatsoever). I am thinking of the 2nd Lt in Iraq who wants to give $10 to MoveOn, or the corporate Lobbyist intimidated by Tom DeLay's K-Street tactics.
We seemed to manage for a couple hundred years without restrictions. I mean, what is politics but trying to get your guy elected so he can do stuff for you? Are we really trying to keep people from donating in order to get favorable legislation? I just don't get it, I guess.
I also don't think money is as determinative as redistricting, and vastly prefer that be addressed.
Posted by: bob mcmanus | Aug 23, 2004 9:07:19 PM
I'm listening to BBC radio five live right now, in scotland, and the lead in stated "President Bush criticizes anti-Kerry ads". BBC then picks up an ABC feed which states the challenge from Bush to call for the banning of third party ads will hurt democrats, as over 145 million has been raised by groups affiliated with dems compared to 9 million from republican affiliated groups.
Posted by: Drew | Aug 23, 2004 9:12:19 PM
there's simply no way to efficaciously "take [some of the] money out of politics" without placing intolerable restrictions on core liberties like the freedom of association and the freedom of speech
That depends on what the meaning of "'take money out of politics'" is.
If, say, internet fundraising becomes more efficient then call time or coordination with lobbyists, the influence of lobbying is probably lessened, at least in the quid-pro-quo sense. Also I'm quite happy knowing that neither party can schedule a meeting with the CEO of XYZ megacorp and get him to cut a six or seven figure check to the national party.
That said, you're right: McCain-Feingold is a bad idea in that at present it increases the amount of time candidates have to spend hitting people up for money, and the only way to fix it is supply-side. So let's start convincing the public that $2B/year for less corruption and more candidate time spent on, you know, issues is a Good Thing.
Posted by: niq | Aug 23, 2004 9:13:10 PM
Disclosure rules, which limit corruption by creating some counterveiling embarrassment,
Embarrassment? What country and century are you living in?
Posted by: KCinDC | Aug 23, 2004 9:51:26 PM
Around the time of the McCain-Feingold debate a few years ago Slate ran a very interesting piece by an economist proposing a very novel solution - make all campaign contributions anonymous. In other words, make every political cause set up an account with a financial intermediary that would accept donations, but would be forbidden from revealing to anyone who the donations came from.
This would go a long way to eliminating quid-pro-quo campaign giving because you could never prove, definitively, that you were the originator of the pro. If I wanted to influence a politician I could give him $1 million, and I could tell him that I gave him $1 million, but since I could have just as easily lied about the gift, the effect of my disclosure would be diluted substantially.
This scheme has the added benefit of placing no restrictions what-so-ever on the ability of citizens or groups to give money to politicians who they support. If you passionately believe that John Doe is good for America, or at the very least good for you, you can give him all you want. But if you expect specific favors in return (as opposed to general policy choices that you benefit from), you'll have a hard time convincing candidate Doe that you're any more his friend than anyone else off the street.
Posted by: sd | Aug 23, 2004 10:01:34 PM
The obvious answer is to flood the Presidential campaigns with public money - the money that has been lost in Iraq (not wasted, lost) ought to do it.
However, campaign finance laws are not impossible, but they will never be perfect, and currently, the costs outweigh the benefits, although it is probably pretty close.
The Slate idea is not bad, but it would require some regulation as well to reduce any signals.
Unfortunately the public is so far from any of this, that it is all a pipe dream.
Also, with regard to hypocrisy, one of my pets peeves is declaring someone a hypocrite because they say the campaign finance rules are bad, but once they the law of the land taking full advantage of them. Unilateral disarmament is stupid. Similar with compulsory vs. voluntary public financing of elections - it is not hypocritical in the slightest not to check off that little box on your taxes, but to be an advocate for public financing of elections.
I think what you mean is that Bush is an idiot with regard to what he says about those shadowy groups, which is of course, par for the course. Watch this drive!
Posted by: theCoach | Aug 23, 2004 10:30:53 PM
sd, wouldn't this just lead to 527 type organizations that take non-anonymous funds and report your donation to the candidate? I'm willing to support proposals that only accomplish a partial benefit -- but this proposal makes it impossible to require public disclosure, which I think is does more good than this idea.
Posted by: david | Aug 23, 2004 11:40:24 PM
I don't think McCain-Feingold was ever intended to fix the problem, but merely mitigate it somewhat. Public financing of elections is a long, long way off (and recall that free air-time was actually a provision of McCain-Feingold -- but the media companies lobbied to have it removed). But undisclosed and uncapped soft money contributions to the political parties was an issue that needed addressing immediately because contributions were quickly escalating to ridiculous levels. I think the 527s pale in comparison (they're still getting far less money). Especially since the money and power is a lot more decentralized now from the two parties. And I'm sure you agree disclosure was pretty handy in the whole Swift Boat issue.
But yeah, publicly funded campaigns is going to be the only way to fix this. I think the Clean Money, Clean Elections (CMCE) system is worth looking at for the state levels.
Posted by: fling93 | Aug 23, 2004 11:42:09 PM
The Slate idea is not adequate because it wouldn't actually deal with the problem, which is private money in politics. And it wouldn't work anyway, because most people/groups would give the same money to the same people. Would anybody need 'proof' that the National Chamber of Commerce would give to the GOP, or the AFL-CIO to the Dems?
McCain/Feingold is just another feckless attempt. I will never understand why they even bother if they don't deal with the problem globally, systemically.
The answer clearly is to take private money out of politics. Make public financing voluntary, exclusive, binding and very very very attractive. A big pot of money and free TV time to the candidate who chooses public financing - perhaps the money would have to be split if both candidates opted in, giving the other candidate very good incentive to opt-in too. There's nothing complicated about it, there's just no will in DC to do it. And, precisely because it would beg questions about viability of third parties, and perhaps non-winner-take-all elections, etc. is all the more reason to do it. I don't think much of Ralph Nader for a lot of reasons, but he is absolutely right about the political 'Duopoly'. It, and our fabulous Congress, stink to high-heaven.
(seems to me there was a bill in the Senate a few years ago which proposed something like the above. Someone told me it was Senate bill 11, 1997 or '96, but I can't find it)
Posted by: jonnybutter | Aug 23, 2004 11:52:26 PM
"But yeah, publicly funded campaigns is going to be the only way to fix this."
The only thing that will "fix" is the permanent funding of Reps and Dems and the criminalization of anyone else that cares to say something unkind about one of the two annointed.
Posted by: abdul abulbul amir | Aug 23, 2004 11:57:16 PM
Actually, Abdul, it would at least raise the issue of who qualified for total public funding, which might pry open the duopoly - something which isn't EVER going to happen the way things are now. I don't know exactly how it is in other states, but I'd bet that most are about as corrupt, byzantine and arbitrary about ballot access, etc. as here in Illinois.
Posted by: jonnybutter | Aug 24, 2004 12:08:40 AM
Around the time of the McCain-Feingold debate a few years ago Slate ran a very interesting piece by an economist proposing a very novel solution - make all campaign contributions anonymous.
This idea has been widely and rightly derided, because of the utter impossibility of keeping donations confidential. Even if first ammendment concerns could be surmounted (which I doubt; why shouldn't the NY Times be able to report that X has contributed Y dollars to Z?), it's simply not technically feasible to design a confidentiality system that would be even close to foolroof.
Matt's correct. There are only two ways out of the current morass. I (not surprisingly) favor strict disclosure laws and ending contribution limits. It's a much simpler solution, and has the added benefit of being budget-friendly. Moreover, non-wealthy citizens can participate in the process (despite critics' claims to the contrary) by banding together. Sure, your five dollar contribution may not pack the same punch as George Soros's five million, but when you get together with several million like-minded voters, suddenly you're influencing the process in a major way.
Posted by: P.B. Almeida | Aug 24, 2004 12:08:43 AM
Actually, Abdul, it would at least raise the issue of who qualified for total public funding, which might pry open the duopoly - something which isn't EVER going to happen the way things are now.
The Republicat party will never willingly give up its monopoly. Any public-financing scheme will almost certainly tie the dollars to past results (i.e., voting percentages). The net effect will be to actually solidify Republicat power. The one way around this might be to give voters campaign contribution vouchers; the very viability of such a scheme is precisely why it will never be enacted.
Posted by: P.B. Almeida | Aug 24, 2004 12:15:13 AM
I favor strict disclosure laws and ending contribution limits. It's a much simpler solution, and has the added benefit of being budget-friendly.
I don't see how what you propose could possibly be more 'budget friendly'. Try to imagine (if your mind doesn't boggle first) all of the pork and pork-based decisions over the last, say, hundred years. Of course not all pork rewards contributors, but tubs and vats of it does; and policy decisions/trends - think of tax policy alone! - are surely influenced by big contributors - we're talking incalculable here. THAT number is massively higher than what public financing would cost, especially with free media in the mix. There is no way to 'prove' this with stats because we'd never agree on the methodology. But for god's sake, let's be intelligent AND smart for a change, eh?
Free Speech in the 18th century meant newspapers, pamphlets and, literally, speech - verbal argument (and spin, too). 'Free Speech' in the 20th and 21st century means....tv ads, mostly. Has anyone ever truly learned anything from any tv ad? No, because that's not what tv is good for. Expository writing and speaking are fundamentally different from :30 or :60 second tv ads. TV is all about conveying/evoking emotion. And there IS documentary evidence for THAT. The 'free speech' argument vis a vis money (television ad buys) falls apart these days because...if you have or can command a lot of money, does that mean you get 'more free speech'? Speech is either free or it's not - there's no quantitative element. Television ads' having as big a role in deciding elections as they still do is like predicting the weather by looking at the sunset - it's not always wrong, but overall, it's scarily aribrary.
Posted by: jonnybutter | Aug 24, 2004 12:44:44 AM
The Republicat party will never willingly give up its monopoly.... The one way around this might be to give voters campaign contribution vouchers; the very viability of such a scheme is precisely why it will never be enacted.
The republicrat party never does shit unless people raise hell. It's time to raise some.
That vouchers idea is really interesting.....
Posted by: jonnybutter | Aug 24, 2004 12:50:41 AM
BTW, did anybody else's jaw drop when Bush said this today?
"I'm denouncing all the stuff being on TV of the 527s......I, frankly, thought we'd gotten rid of that when I signed the McCain-Feingold bill. ....... I don't think we ought to have 527s.....That's why I signed the bill, McCain/Feingold."
W-w-what?! Is the president a 9 year old boy?
Posted by: jonnybutter | Aug 24, 2004 1:10:28 AM
matt's position is identical to the ACLU's position as argued in senate hearings on that issue.
Posted by: Shai | Aug 24, 2004 1:46:15 AM
So, I'm not sure campaign-finance reform was a complete waste of time. Wasn't there an article in the Times recently about the restructuing of the Democratic party, to more loosely knit groups, partly due to campaign-finance reform restructing how money is distributed? Decentralization is always a good thing in my book.
Posted by: Jor | Aug 24, 2004 3:37:24 AM
McCain/Feingold, like all other campaign "reforms", has accomplished what it set out to do: It's made life harder on challengers. Anyone who thought it was intended to accomplish something else is a sucker.
Letting incumbant office holders write laws governing how challengers can go about trying to unseat them... Could there be a bigger conflict of interest?
Posted by: Brett Bellmore | Aug 24, 2004 6:04:48 AM
nice conspiracy theory. im sure thats exactly what mccain and feingold where thinking
Posted by: anon | Aug 24, 2004 7:24:12 AM
there was an op-ed in the WaPo a few months ago, penned by Tom Mann and Norman Ornstein, making the case that McCain Feingold has been great for the system because it democratized the donor process. Even though those guys aren't exactly disinterested (since they collaborated to write the bill), they made a strong case.
Posted by: praktike | Aug 24, 2004 8:00:10 AM
You think it's so implausible, I suggest you look at what reelection rates have done after every camapaign "reform" was enacted. Those guys aren't stupid, they know what they're doing. It's not an accident reelection rates have gotten into the 90% plus range since they started "reforming" the system. Any more "reforms", and we might as well abolish elections entirely.
Posted by: Brett Bellmore | Aug 24, 2004 8:17:10 AM
The Republican party will never willingly give up its monopoly....
The Democrats are manipulating the 527 loophole better than the Republicans are.
Posted by: j.scott barnard | Aug 24, 2004 8:52:36 AM
"The Democrats are manipulating the 527 loophole better than the Republicans are."
That was to be expected; Remember, Bush lied to his own party about his intention to veto McCain/Feingold, so all the Republican planning was based on the assumption that it would be vetoed. After he betrayed them and signed it, they were playing catch up.
Posted by: Brett Bellmore | Aug 24, 2004 9:03:15 AM
McCain/Feingold was never about "keeping money out of politics", nobody was that naive. It was about eliminating the direct exchange of large corporate donations directly into the hands of organizations entirely under the control of Congressional Leadership in return for favorable legislation. Increasingly in this country candidates for Congress had two choices: suck up to the Majority Leader and Whip or not have fiable funding for your campaign. All the money was flowing through choke points controlled by a handful of people. Tom Delay in particular was in the position of being able to go right in the face of industry and saying "Pay. Or that bill will not make it out of committee". Or of going to that freshman congressman and saying "Vote. Or you will be a one-term wonder". That is a lot harder now. Still happens but takes a lot more tracking.
The "Let a thousand flowers bloom" of fundraising we are witnessing in this cycle are the direct, and beneficial result of McCain/Feingold. And having millions flow to liberal activists who can actually make a moving ad instead of political hacks at the DNC is certainly a move forward.
McConnell was right. The more money in politics the better. I just like having a much smaller proportion of it in the hands of Mitch McConnell.
Posted by: Bruce Webb | Aug 24, 2004 10:49:43 AM

