Radical Campaign Finance Reform
Nothing strikes at the heart of American democracy more piercingly than money in politics. The effects are as broad as you care to imagine. Our drug laws favor big pharmaceutical companies; our tax policies disproportionately favor the wealthy; our energy policies hinder our ability to confront terrorism; and top campaign spenders win elections to the tune of 96 percent of the time in the House and 91 percent in the Senate. (1)
The side effects of Washington’s dollar-worship are equally lamentable. Politicians spend most of their time in office fundraising, not stumping for votes, listening to constituents, or—heaven forbid—governing. In addition to limiting politicians’ effectiveness, an emphasis on fundraising attracts the wrong sort of people into public life. Instead of people who care about ideas, policy and leadership, you get jut-jawed androids with a firm handshake.
The reason meaningful campaign finance reform has not yet occurred in this country is obvious and agonizing: those with the power to change the system—politicians—are usually subjugated to it. Except for transcendent popular figures like John McCain, advocating reform means angering donors, and, in many cases, electoral defeat.
The best recent attempt at campaign finance reform was the Bipartisan Campaign Reform Act of 2001, better known as McCain-Feingold. The act banned the federal form of “soft money,” which is donated to parties for nebulous uses, and achieved several other successes. However, Republican members of Congress significantly watered down the act during debate, and it has failed to make an adequate dent in the hugely powerful financial-political complex.
Allow me to suggest some additional campaign finance reform measures. But first, let us examine some of the legitimate downsides to campaign finance reform.
- Donation of money has been characterized as a form of speech in some contexts by the Supreme Court, and it is always risky to discuss infringing upon that right.
- Regulation is not always possible, and even when possible, it almost always involves a public cost.
- Almost all reform measures will somehow favor one party over another, one type of group over another, and/or one form of media over another.
- By taking money out of central campaigns and third-party candidate mouthpieces, reform may leave voters susceptible to misinformation. News media, internet entrepeneurs, and rogue electioneers could all gain relative power, which might not be a good thing.
Despite all that, I believe the case for reform easily trumps those drawbacks.
The centerpiece of my proposal is a $500 cap on all campaign donations, with a few exceptions I will explain later. Practically speaking, this means no corporation, union, special interest, political action committee, or individual would be able to donate more than an ordinary American could be expected to contribute to a political cause. It is the hammer that levels the playing field.
If our democracy is supposed to function according to the voice of the people, shouldn’t all voices be tuned to the same volume? What could be a truer representation of the popular will? The richest individuals should have no more influence on an election than a machinist from Detroit or a farmer from Iowa. Their lives are worth the same, and their political force should be as well.
While a miniscule cap like this would initially seem to benefit Democrats, remember that nine of the 10 top political donors since 1989 are unions that heavily favor Democrats. (2)
An exception to my proposed spending cap is rooted in the 1976 Buckley v. Valeo decision, in which the Supreme Court determined it was unconstitutional for the government to cap individuals’ contributions to their own publicly financed campaigns. Therefore, these candidates must be allowed to exceed my proposed $500 cap.
Unlimited individual contributions to one’s own campaign, of course, creates numerous problems. In response, McCain-Feingold established the so-called Millionaire’s Provision, whereby the individual contribution limit to one candidate would be increased if the other candidate spent more than a threshold amount of his or her own money.
The Millionaire’s Provision does not go far enough. I believe that when a candidate declines public funding—implying self-funding—individuals should face no limits in supporting the opposing candidate(s). Under such a rule, when public funds are declined, a Millionaire’s Election would ensue. While no doubt an extreme exception to my $500 cap rule, the effect of this proposed exception, I believe, would be to make foregoing of public funds safe, legal, and rare.
Finally, I would expand the McCain-Feingold restriction on “electioneering communications.” Under the act, unions and corporations are banned from referring to a clearly identified candidate on television or radio ads within 30 days of a primary or 60 days of a general election. Let us be realistic: general election campaigns do not begin in September. I would change the rule to 90 and 180 days, respectively, and expand the restriction on electioneering communications to include all third parties, including PACs and nonprofits.
The late Senator Paul Wellstone sought this latter expansion of the electioneering restriction. McCain and Feingold did not, however, and it was not included. It should have been.
As stated earlier, campaign finance reform is difficult because the wheels of reform are forever mired in the tar pit of big money. But history has shown reform is possible, particularly in response to crisis. The assassination of President James A. Garfield by an aggrieved job-seeker in 1881 led to the Pendleton Act of 1883, which established the civil service and curbed corrupt federal patronage.
Now, the administration of President Bush is dogged by ethics questions and subpoenas. So far, the calls for reform have been limited to lobbying rules. But with impending Democratic gains in Congress and McCain mentioned as a 2008 Presidential frontrunner, the timing could be right for meaningful, radical reform.
Don’t let the “r” word throw you off. With the problem of money in politics as deep and pervasive as it is, radical is not such a bad word.
(1) Center for Reponsive Politics, 1998
(2) opensecrets.org
