BearGoggles;842303318 said:
(iii) many people on the left criticizing the decision want to restrict individual or corporate political donations, but say nothing about Unions. These people are being selective in targeting only wealthy individuals and corporations and I view their agenda as driven by the desire to gain a political advantage (by limiting the resources of the political opponents), not as a matter of principle.
Ok, I want to put this up top because it seems important to you. A lot of people expressed support for campaign finance regulation in this thread and not a single one of them said they were against including unions in this regulation. Dajo9 even expressly said he was in favor of limiting union contributions. For the record, I'm all for applying the same kinds of campaign finance restrictions to unions as corporations.
I'm sure there are people out there "on the left" who disagree with me and dajo9 (probably fewer than you believe). I invite you to go out into the world and find them. As long as they're not here, what are we arguing about?
BearGoggles said:
What I have said is: (i) whether people agree with it or not, spending money on political speech is protected First Amendment speech; (ii) as such, the Supreme Court's McCutchen decision was appropriate given the constitution and past precedent
(i) and (ii) are both opinions. They happen to be the Supreme Court's opinions, so they have legal force and effect, but that doesn't make them right. I know you didn't say otherwise, but since you brought it up, I thought I'd just remind you of those facts.
An intelligent person should be able to fully form an opinion on the desirability of a proposal without any reference to what the Supreme Court has to say.
BearGoggles said:
I have not advocated for unregulated financial contributions. The Supreme Court has upheld all sorts of regulations, particularly disclosure and reporting. The court has even upheld contribution limits for donations to individual candidates precisely because candidates could theoretically be "bought". [U]I agree with all of this [/U]- I think there should be limits on donations to individual candidates and every dollar donated to a candidate should be public record. I have no problem with apolitical "regulations".
However, that is a very different proposition than limiting the number of candidates a person can max contribute to - which is what the McCutchen case implicated.
I'm curious as to how you drew the line. It's easy to fall back on Potter Stewart's famous line here, so I really encourage you not to. What makes limiting the number of candidates a person can contribute to a "very different proposition" than the limits you support?
BearGoggles said:
If the real concern was "the propensity for money to corrupt", these people would advocate for term limits, donation limitations on all parties and entities (including political parties) and/or limits in the total amount that could be spent by any candidate.
Again, dajo9 specifically advocated for this. But it really couldn't matter less. See below.
BearGoggles said:
They would also place severe limits on the political activities of special interest groups, like the NRA, NOW, AIPAC, Trial lawyers, - all of these groups use money to accumulate political power and influence. That is not what I've heard anyone in this thread advocate for (though perhaps some would). Instead they want to restrict the rights/power of groups that are typically perceived to be part of the Republican/conservative base.
So their concerns are dominated by the power of groups that happen to be "perceived to be part of the Republican/conservative base." Did you consider the possibility that that was because they feel those groups were the ones whose contributory levels would be highest and therefore most corrupting? Regardless, do a person's fears have to be comprehensive in order to be valid?
Say that bears, wolves and feral dogs all live on the outskirts of my town and are all terrorizing the town equally. The bears and dogs are giving lots of other people trouble, but only wolves have threatened my property. If I go to the town meeting and say, "Hey, I think we should put together an animal control unit. These wolves by my property are becoming a problem." Is my suggestion to form an animal control unit invalid because it was manifestly motivated by a fear of only one of the three sources of danger confronting the whole town?
No, of course not. It's not a sign of bad faith for my fears to be self-centered. It only becomes a problem when someone else says, "Yeah, and let's control the bears and dogs too," and I say "Nah, screw that. I'm not worried about the bears and dogs."
When people bring up campaign finance reform and single out corporations, feel free to point out the bears and the dogs too. If after you do so, they say "screw that," then you have a valid cause for complaint.
For the record, I think people are quite correct to be most concerned about corporate wealth in the political sphere for multiple reasons, including the fact that following Citizens United there was a huge increase in "independent expenditures."
BearGoggles said:
I have no problem with apolitical "regulations".
Great. Just curious, do you feel that the money excluded by said regulations would have be equalized between the two parties in order to be "apolitical"?
Here's what I think about campaign finance regulation: it's a joke. McCutchen is hardly a drop in the bucket. "Independent Expenditures" make a mockery of the entire regulatory system. The "limits" maintained now are little more than a sham. I'd have more respect for the five yeas if they simply went with Clarence Thomas and ended the whole charade.
I don't dismiss the free speech argument out of hand. Spending money for the purpose of expressing a political viewpoint is an exercise of expression. But of course, there is not an unlimited right of expression. Freedom of expression can be--and has been--constitutionally restricted where there is a compelling public interest. In this case, the compelling interest is safeguarding the electoral system from corruption. I'd also like to go after lobbyist access, but that's a topic for another day.
The Court in Buckley recognized anti-corruption as a compelling interest to limit the political speech represented by campaign contributions, but refused to extend the same logic to combat "independent expenditures." They set up pathetic rules about how a communication must be structured in order to be "independent" along with practicably unenforceable rules against coordination between the "independent" organization and the campaign. Flying in the face of all common sense, the Court in Citizens United emphatically affirmed this with outrageous obtuseness.
I would propose exceedingly strict campaign finance laws, with very low contribution limits across the board and expenditure limits for both candidates and "independent" organizations (yes, expenditure limits are another matter). I'd also resurrect the public financing system, make it competitive with private funding levels and extend it to all federal elections. It would be hard to overstate the importance of the integrity of the electoral system. There should be genuine safeguards.