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Jake Whitney

Jake Whitney

Posted: January 13, 2010 03:37 PM

Campaign Finance: Back to the Era of the Robber Barons?

What's Your Reaction:

The most important issue no one is talking about right now is campaign finance.

In a ruling expected this week, the Supreme Court is set to strip restrictions on election spending, some of which have been in place since Watergate. If the Court rules as experts believe it will, corporations, unions and other interest groups will be allowed to spend virtually unlimited sums of money in political campaigns and on political advertising.

This means that corporations and special interests will wield an even greater degree of influence over the political candidates that become elected and the laws they enact. While advocates of less restrictive campaign finance laws frame this as a free-speech issue - money equals speech, they say -- the result will be diminished political influence for the individual voter, and that is antithetical to democracy and to the intentions of our Founding Fathers.

Sen. Russ Feingold (D-Wisc.) is the co-author of the Bipartisan Campaign Finance Reform Act of 2002 -- better known as McCain-Feingold -- the law instituting some of these restrictions. Feingold has declared that the expected Supreme Court ruling would take the U.S. "not just back to a pre-McCain-Feingold era, but back to the era of the robber barons in the 19th century."

If Feingold's statement appears hyperbolic, it isn't by much. Because if a corporation like Wal-Mart is free to spend as much as it needs to get a politician elected, how on earth is that politician going to vote for legislation that negatively affects Wal-Mart's interests - no matter how much that politician might otherwise believe in the merits of the legislation?

Take a hypothetical homeland security bill. Many people don't know that Wal-Mart actively campaigns against tighter screening of cargo containers fearing that increased inspections will slow its supply lines. Yet many experts cite 100 percent screening of containers to be a necessary step in protecting our homeland against a terrorist attack. So what happens when a politician with a strong dedication to security matters but who has been bankrolled by Wal-Mart needs to vote on a bill that includes increased container screening? It's not hard to imagine him rejecting such legislation to ensure Wal-Mart's support in his re-election campaign.

This kind of political quid pro quo -- trading campaign contributions for votes -- is a serious concern in our current political climate. Just think how much worse it will be when corporations are free to spend whatever they like.

But even beyond the quid pro quo concerns is the firm belief, shared by multitudes, that more money in our political system is not the direction we should be headed. Rep. Marcy Kaptur (D-Ohio) told me recently that the pressure on members of Congress to raise money is already worse than it's ever been -- and she's been in the House for 26 years. Kaptur talked of one congressman who spent 90 percent of his time on the telephone fundraising. The obvious question becomes: How the heck did he get anything done? If the Supreme Court rules the way it's expected to, situations like this will only get worse.

Those in favor of turning back the restrictions assert that special interests are simply groups of individuals advocating a particular issue or candidate, and that restricting what they can spend in this endeavor is the same as limiting their speech. But this is a specious argument. Rolling back campaign finance regulations would result not only in increased political influence by special interests and politicians spending too much time fundraising, but also in a huge increase in negative political ads, as well as the possibility -- if not the probability -- of increased corruption, and thus even more cynicism about our political system.

One doubts this is what the Founders had in mind when pondering the benefits of free speech to our inchoate republic.

What we need is less money in politics, not more. This should not be a partisan issue. But since Republicans have more to gain by eliminating campaign restrictions than Democrats do, it unfortunately has become one. The good news is that Democrats have said they will implement new regulations if the Supreme Court unravels existing ones. It will be interesting to see how President Obama reacts to all of this. During his campaign, Obama promised to update campaign finance laws. If he keeps his word, however, it could hurt his chances for re-election since the big money usually goes to incumbents. Let's hope he does it anyway.

 
 
 
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HUFFPOST SUPER USER
zetacplus
Conservatism has failed America
01:24 AM on 01/21/2010
Corporations only give money because they want something in return. I donate to my congressman and senators but I only expect them to do a good job of governing. That difference in motive is lost on many. The SCOTUS is deeply harming our democracy if they do this.
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04:18 PM on 01/14/2010
There comes a time when not throwing good after bad is the best thing to do. This government is so rotten and corrupt it is time to start over. We need a social Democracy like they have in some countries in Western Europe.
I don't know if it will take a violent revolution to do it. I hope not.
01:52 PM on 01/14/2010
You are correct that campaign finance reform is the No. 1 political issue facing America.

And good luck pointing THAT out.
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HUFFPOST SUPER USER
Michael Valentine
Retired SEIU Member
11:44 AM on 01/14/2010
Them that pay the fiddler call the tune. A constitutional amendment is needed to fix this fundamental defect in the governance of this country.
wiseapple
. just can not fail, if we never, ever stop
11:12 AM on 01/14/2010
Can this unfairness be addressed under the equal protection clause? People on medicaid, or even just tight budgets, can't donate nearly enough to campaigns to influence election outcomes to the same extent as those with means.
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HUFFPOST SUPER USER
sposton
right to tell what they don't want to hear
11:00 AM on 01/14/2010
I think we are concentrating on the wrong solutions. Finance reform is a laudable effort but it is an equivalent of an a band-aid. I would prefer a system based analysis by going upstream and finding the real fulcrum for this thieving system and then either eliminating it or modifying it so that you modify everything happing downstream. In this case, I think we would find that corporate personhood is the major kleptocratic fulcrum. Why not concentrate our effort on this matter? Why can't we have an ongoing effort of trying to bring about a number of Constitutional amendments that might help us better our system? Because it is too hard to pass amendments? Why not work on passing an amendment that would make passing new amendment easier, perhaps through direct democracy tools similar to Swiss? And since when has "it is too hard to pass" stopped Americans from trying to do what is right?
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Dredd
Our government is a wartocracy.
07:56 AM on 01/14/2010
Oh Jake, that is so retro ;) ... we are moving forward to the age of the plunder barons. Robber barons are so yesterday.

http://blogdredd.blogspot.com/2009/08/graphs-of-age-of-plunder.html
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HUFFPOST BLOGGER
Jake Whitney
10:48 AM on 01/14/2010
Hi Dredd, thanks for your comments. "Robber Barons" came from Feingold's quote, which I use in the piece.
09:22 PM on 01/13/2010
So, how and why do you think Obama got elected? A year after the election and he still cannot explain where $259 Million in "unitemized donations" came from. That is 34% of his total. Donors under $200? Well, they are almost 1/3 of the donors he did report. Obama's numbers have never added up.

Every one of the campaign finance reports the Obama Campaign filed during the election has been revised, some multiple times and there is an ongoing Matter Under Review in the FEC, www.MUR6142.com.
07:49 PM on 01/13/2010
Thank you King George I, Clinton, King George II, The Federalist Society, The Chamber of Commerce and every other corporate shill that works to installl conservative judges.
12:54 AM on 01/14/2010
Add Reagan to that list too.
01:07 AM on 01/14/2010
Huh? What does it take for you folks to realize right-left has NOTHING to do with anything?! It's ALL run by BIG BUSINESS left AND right. As if the left is run by utopian philosophes who take pledges of do-goodery and vows of abstinence forever and ever amen.
04:06 PM on 01/13/2010
It should be simple--corporations do not vote, therefore they should not be able to contribute to political campaigns.
04:25 PM on 01/13/2010
Yup
10:31 AM on 01/14/2010
That is about to change.

Meaning that in one fell swoop the court has/will decreed that:
1. corporations are people
2. money is speech
3. elections are marketplaces

Soon, "Pfizer for President!"