To Prevent Corruption Or the Appearance of Corruption? Using Public Choice to Understand and Improve U.S. Political Campaign Finance Regulation
To Prevent Corruption Or the Appearance of Corruption? Using Public Choice to Understand and Improve U.S. Political Campaign Finance Regulation

Author: José Francisco García

Publisher:

Published: 2010

Total Pages: 181

ISBN-13: 9781124048628

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Since the first years of the American Republic, there have been several attempts to regulate the role of money in politics, particularly establishing different set of rules for political campaign finance. Yet more interesting seems the evolution of the jurisprudence of the Supreme Court in this matter. However, from the legal scholarship perspective, the story of political campaign finance regulation is the story of a regulation that seeks to promote the public interest: rules enacted to prevent corruption or its appearance, or the achievement of political equality. This dissertation will propose an alternative version of the existence and evolution of this regulation. In effect, when rules like spending and contribution limits or the existence of public funding are viewed under the public choice lens, it is possible to understand why incumbents, in an effort to try to preserve their positions in the market and prevent challengers to enter the political market, are so interested in establishing complex and rigid rules of campaign finance. More important, this rationale is not only useful when the political process is analyzed through the positive lens (describing how things are), but also from a normative perspective (how things could or should be) especially for the Court's judicial review of this legislation. This is particularly important these days when the Court and legal scholarship are looking for a coherent rationale to approach this area of regulation and also to explain the Robert's Court deregulatory approach to campaign finance regulation since 2006.

The Appearance of Corruption
The Appearance of Corruption

Author: Daron R. Shaw

Publisher: Oxford University Press, USA

Published: 2021

Total Pages: 201

ISBN-13: 0197548415

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"The sanctity of political speech is a key element of the U.S. Constitution and a cornerstone of the American republic. When the Supreme Court linked political speech to campaign finance in its landmark Buckley v. Valeo (1976) decision, the modern era of campaign finance regulation was born. In practical terms, this decision meant that in order to pass constitutional muster, any laws limiting money in politics must be narrowly-tailored and serve a compelling state interest. The lone state interest the Court was willing to entertain was the mitigation of corruption. In order to reach this argument the Court advanced a sophisticated behavioral model, one with key assumptions about how laws will affect voters' opinions and behavior. These assumptions have received surprisingly little attention in the literature. This book takes up the task of identifying and analyzing empirically the Court's presumed links between campaign finance regulations and political opinions and behavior. In so doing, we rely on original survey data and experiments from 2009-2016 to openly confront the question of what happens when the Supreme Court is wrong, and when the foundation of over 40 years of jurisprudence is simply not true"--

Campaign Finance & American Democracy
Campaign Finance & American Democracy

Author: David M. Primo

Publisher: University of Chicago Press

Published: 2020-11-13

Total Pages: 279

ISBN-13: 022671313X

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In recent decades, and particularly since the US Supreme Court’s controversial Citizens United decision, lawmakers and other elites have told Americans that stricter campaign finance laws are needed to improve faith in the elections process, increase trust in the government, and counter cynicism toward politics. But as David M. Primo and Jeffrey D. Milyo argue, politicians and the public alike should reconsider the conventional wisdom in light of surprising and comprehensive empirical evidence to the contrary. Primo and Milyo probe original survey data to determine Americans’ sentiments on the role of money in politics, what drives these sentiments, and why they matter. What Primo and Milyo find is that while many individuals support the idea of reform, they are also skeptical that reform would successfully limit corruption, which Americans believe stains almost every fiber of the political system. Moreover, support for campaign finance restrictions is deeply divided along party lines, reflecting the polarization of our times. Ultimately, Primo and Milyo contend, American attitudes toward money in politics reflect larger fears about the health of American democracy, fears that will not be allayed by campaign finance reform.

The Fundamentals of Campaign Finance in the U.S.
The Fundamentals of Campaign Finance in the U.S.

Author: Diana Dwyre

Publisher: University of Michigan Press

Published: 2024-07-23

Total Pages: 392

ISBN-13: 0472904531

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Before the U.S. campaign finance system can be fixed, we first have to understand why it has developed into the system as it exists today. The nature of democracy itself, the American capitalist economic system, the content of the U.S. Constitution and how it is interpreted, the structure of our governmental institutions, the competition for governmental power, and the behavior of campaign finance actors have all played a role in shaping the system. The Fundamentals of Campaign Finance in the U.S. takes care to situate the campaign finance system in the context of the broader U.S. political and economic system. Dwyre and Kolodny offer readers a brief tour through the development of the campaign finance regulatory structure, highlighting the Supreme Court’s commitment to free speech over political equality from Buckley v. Valeo (1976) through the passage of the Bipartisan Campaign Reform Act (BCRA, 2002). They also examine the driving force behind campaign finance reform—corruption—through historical, transactional, and institutional perspectives. While diving into the insufficiency of the disclosure and enforcement of campaign finance laws and calling attention to multiple federal agencies, including the Securities and Exchange Commission, the Federal Communications Commission, the Internal Revenue Service, and (principally) the Federal Election Commission, the authors show how a narrow view on campaign finance makes change difficult and why reforms often have limited success. By examining the fundamentals, Dwyre and Kolodny show the difficulties of changing a political system whose candidates have always relied on private funding of campaigns to one that guarantees free speech rights while minimizing concerns of corruption.

When Money Speaks
When Money Speaks

Author: Ronald Collins

Publisher: Top Five Books LLC

Published: 2014-04-03

Total Pages: 319

ISBN-13: 1938938143

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“A brilliant discussion of campaign finance in America…a must for all who care about the American political system.” —Erwin Chemerinsky “Thorough, dispassionate, and immensely readable.” —Floyd Abrams On April 2, 2014, the U.S. Supreme Court struck down aggregate limits on how much money individuals could contribute to political candidates, parties, and committees. The McCutcheon v. FEC decision fundamentally changes how people (and corporations, thanks to Citizens United) can fund campaigns, opening the floodgates for millions of dollars in new spending, which had been curtailed by campaign finance laws going back to the early 1970s. When Money Speaks is the definitive—and the first—book to explain and dissect the Supreme Court’s controversial ruling in McCutcheon, including analysis of the tumultuous history of campaign finance law in the U.S. and the new legal and political repercussions likely to be felt from the Court’s decision. McCutcheon has been billed as “the sequel to Citizens United,” the decision giving corporations the same rights as individuals to contribute to political campaigns. Lauded by the Right as a victory for free speech, and condemned by the Left as handing the keys of our government to the rich and powerful, the Court’s ruling has inflamed a debate that is not going to go away anytime soon, with demands for new laws and even a constitutional amendment on the Left—while many on the Right (including Justice Clarence Thomas in his concurring opinion) call for an end to all contribution limits. Two of the nation’s top First Amendment scholars—Ronald Collins and David Skover—have produced a highly engaging, incisive account of the case, including exclusive interviews with petitioner Shaun McCutcheon and other key players, as well as an eye-opening history of campaign finance law in the U.S.

Plutocrats United
Plutocrats United

Author: Richard L. Hasen

Publisher: Yale University Press

Published: 2016-01-12

Total Pages: 256

ISBN-13: 0300216742

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Campaign financing is one of today’s most divisive political issues. The left asserts that the electoral process is rife with corruption. The right protests that the real aim of campaign limits is to suppress political activity and protect incumbents. Meanwhile, money flows freely on both sides. In Plutocrats United, Richard Hasen argues that both left and right avoid the key issue of the new Citizens United era: balancing political inequality with free speech. The Supreme Court has long held that corruption and its appearance are the only reasons to constitutionally restrict campaign funds. Progressives often agree but have a much broader view of corruption. Hasen argues for a new focus and way forward: if the government is to ensure robust political debate, the Supreme Court should allow limits on money in politics to prevent those with great economic power from distorting the political process.

Corruption, Accountability and Discretion
Corruption, Accountability and Discretion

Author: Nancy S. Lind

Publisher: Emerald Group Publishing

Published: 2017-10-25

Total Pages: 285

ISBN-13: 1787435695

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This timely and insightful book provides the key elements needed to understand the nature and prevalence of corruption in public governance, as well as the devastating public policy consequences.

The Fallacy of Campaign Finance Reform
The Fallacy of Campaign Finance Reform

Author: John Samples

Publisher: University of Chicago Press

Published: 2008-09-15

Total Pages: 391

ISBN-13: 0226734633

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At first glance, campaign finance reform looks like a good idea. McCain-Feingold, for instance, regulates campaigns by prohibiting national political parties from accepting soft money contributions from corporations, labor unions, and wealthy individuals. But are such measures, or any of the numerous and similarly restrictive proposals that have circulated through Washington in recent years, really good for our democracy? John Samples says no, and here he takes a penetrating look into the premises and consequences of the long crusade against big money in politics. How many Americans, he asks, know that there is little to no evidence that campaign contributions really influence members of Congress? Or that so-called negative political advertising actually improves the democratic process by increasing voter turnout and knowledge? Or that limits on campaign contributions make it harder to run for office, thereby protecting incumbent representatives from losing their seats of power? Posing tough questions such as these, Samples uncovers numerous fallacies beneath proposals for campaign finance reform. He argues that our most common concerns about money in politics are misplaced because the ideals implicit in our notion of corruption are incoherent or indefensible. The chance to regulate money in politics allows representatives to serve their own interests at a cost to their constituents. And, ironically, this long crusade against the corruption caused by campaign contributions allows public officials to reduce their vulnerability by suppressing electoral competition. Defying long-held ssumptions and conventional political wisdom, The Fallacy of Campaign Finance Reform is a provocative and decidedly nonpartisan work that will be essential for anyone concerned about the future of American government.

Coining Corruption
Coining Corruption

Author: Kurt Hohenstein

Publisher:

Published: 2007

Total Pages: 328

ISBN-13:

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In the wake of Watergate, Congress passed the Federal Election Campaign Act (FECA) in an effort to prevent the corruption of future elections. The U.S. Supreme Court, in Buckley v. Valeo (1976), defined corruption as quid pro quo--"get for giving"--meaning Congress could only regulate the kind of corruption that had occurred if a campaign contributor received political favors from the candidate. This definition has since shaped and limited efforts at campaign finance reform, often with ironic and unintended consequences. By shifting the focus to the source and amount of contributions, the justices in the Buckley decision ignored disparities in funding and the resulting ability of particular candidates to dominate communication channels. In Coining Corruption, legal and political historian Kurt Hohenstein provides a hitherto untold story about the successes and limitations of political reform. From 1876 until 1976, lawmakers and courts permitted regulation that potentially infringed upon freedom of speech: they understood corruption as the conversion of economic power into political power. In their view, corruption existed if a candidate's unfettered campaign spending overwhelmed other voices and limited real deliberation. Yet, as Hohenstein shows, Buckley's limited "quid pro quo" definition ignores these considerations. Following the evolution of the campaign finance system through the Bipartisan Campaign Reform Act of 2001 and the Supreme Court's decisions in McConnell v. FEC (2001) and Landell v. Sorrell (2006), Hohenstein calls for a return to a broad, historical understanding of corruption. American democracy demands regulation of the sources and amounts of campaign funding in order to prevent a monopoly on the vehicles of political debate. Those interested in reform politics, public policy, constitutional history, and Congress will appreciate this groundbreaking study.