Thursday, June 26, 2008
When Do Campaign Finance Laws Become A Way to Protect Incumbents?
I'm unsure of why this has anything to do with incumbent entrenchment. Is there any reason to think that challengers are more likely to be self-financed than incumbents? A simpler explanation is the conservative wing of the court disfavors campaign finance reform generally and is attempting to chip away at the regulation.
"But it is also hard within conventional constitutional doctrine to find a way for the law to reach the risk that election rules are self-entrenchment mechanisms."
You wouldn't have to reach the question of self-entrenchment, (The mostly unacknowledged problem with all campaign regulations.) if we just took seriously that "no law", and the lack of any enumerated power for Congress to regulate campaigns, as opposed to actual voting procedures.
The origin of the Millionaire's amendment, on the floor rather than as part of the original McCain-Feingold bill, indicates its incumbent-protection purpose. Incumbents rarely need to self-finance, and challengers have greater difficulty raising money than do incumbents.
As the Davis Court noted, the increased limits for candidates faced with a self-financed challenger argue against the notion that the $2,300 limit on contributions generally or the overall limit on all federal contributions are needed (at those levels) to prevent corruption or the appearance of corruption.
The Millionaire's Amendment was always one of the weakest links in McCain-Feingold, and its demise should not be a surprise.
Professor Hasen's blog expresses the concern that supporters of campaign regulations should have - the implications for public financing regimes that attempt to "adjust" for independent expenditures.
Brett, the thing is, I don't really see how Buckley is wrong on campaign contributions. "No law" clearly means no regulation on advertising or similar expenditures (which are clearly speech), but contributions? When you contribute to the McCain or Obama campaign, there's no guarantee your money is going to be spent on speech at all. It may go to speech, it may go to get out the vote, it may go to powering the lights at campaign headquarters or gas for the plane, it may go to pay off the candidate's mistresses, etc. You just don't know and have no control over the issue.
So an expenditure constitutes money that is used for speech, which the expender directly controls the content of. A contribution constitutes money that may or may not be used for speech, which the contributor does not control the content of. Doesn't that make a big difference from a First Amednment standpoint?
Jeffrey said: I'm unsure of why this has anything to do with incumbent entrenchment. Is there any reason to think that challengers are more likely to be self-financed than incumbents?
Actually, this is very easy to see. Nearly three years ago I looked at the issue of campaign finances by those candidates who are likely to self-fund. Here is what the FEC data I found reported:
Incumbents by far reap among the $613.8 million dollars raised by House candidates in 2004, incumbents received $445.9 million or 72% of the money and that was not for 435 candidates, but 405 incumbents, an average of $1.1 million per incumbent.
Challengers to incumbents garner far less funds, just $91.7 million or just shy of 15% of funds. For the 650 challenger candidates running for the House 2004, that equates to an average of $141,000 per candidates or a little more than 10% of the average incumbent war chest.
Open seat candidates gathered the remaining 13% of funds, totaling $76.2 million. But spread over just 94 candidates, the average open seat House candidate raised $810,000--a competitive sum.
As a result of the vast inequties of funding distrubution, open seat and challengers tend to rely on their own sources of funding, in the form of candidate contributions and loans from the candidates themselves. For all House candidates in 2004, candidate contributions and loans totaled $25.7 million or just over 4% of all sources of funding. But in 2004, incumbents turned to themselves for just $1.38 million of the $25.7 million. Meaning that candidate contributions to incumbent races equated to just 0.3% of funds raised by incumbents.
Simply put, incumbents almost never turn to their own money (and many have lots of money) to fund their campaign.
If Congress was really interested in "leveling the playing field" which was their oft-repeated objective during the debates on BCRA, then they should treat political wealth, that is the massive warchests the incumbents generate while in office, the same as personal wealth and allow challengers to raise funds under increased contribution limits until parity is achieved. But since, post-Davis, asymmetrical limits are unconstitutional, the better bet would be to restrict fundraising by incumbents until such time as a challenger declares or some arbitrary date, such as Jan. 1 of election year or six months from the primary date or something similar.
Of course, such a proposal is not particularly likely to get passed in Congress.
Thinking of designing your own website?
Try www.esolz.net , a professional company which I came across while developing my website. Although I was skeptical about outsourcing my project to an offshore company, my mind was put at rest upon reviewing their proposal. It was clear that www.esolz.net is a team made up of solid web designers who provide quality, value, and support. From day one they consulted with me and involved me in every aspect of the site development.
They completed the project within the agreed 30 days and have exercised extreme diligence in maintaining the website since then.
Check out my website at www.ventureden.com
Ventureden is a global meeting place where entrepreneurs connect with angel investors and venture capitalists in order to secure startup or expansion funding for their business venture.
Entrepreneurs post their business idea or invention and instantly gain worldwide exposure.
Angel investors and venture capitalists leisurely explore investment opportunities, all from the comforts of office or home.
No matter if you?re an entrepreneur or investor, thanks to www.esolz.net our system is simple to use. Make www.esolz.net your outsourcing partner, you won?t regret it.
HD kaliteli porno izle ve boşal.
Bayan porno izleme sitesi.
Bedava ve ücretsiz porno izle size gelsin.
Liseli kızların ve Türbanlı ateşli hatunların sikiş filmlerini izle.
Siyah karanlık odada porno yapan evli çift.
harika Duvar Kağıtları bunlar
tamamen ithal duvar kağıdı olanlar var
Very awesome post , i am really impressed with it a lot
فوائد الرمان فوائد الحلبة فوائد البصل فوائد الزعتر فوائد زيت السمسم علاج البواسير فوائد اليانسون فوائد الكركم قصص جحا صور يوم الجمعه علامات الحمل تعريف الحب حياة البرزخ فوائد الزبيب
et rid of me from that service? Thanks! Tas Grosir Batam Model Baju Wanita Jual Rumah Anggrek Grosir Tas Murah Branded Harga Tas Supplier Baju Rumah Dijual Tas Branded Terbaru Tas Batam Murah Jual Rumah Di Bsd K Jual Rumah Bsd The Fashion Korea Tas Branded Kw 1 Dijual Rumah Di Bsd Jual Baju Korea Murah Rumah Dijual Alam S Rumah Dikontrakkan Jual Rumah Di Alam Jual Rumah Di Alam Grosirtas
Alat Pemadam Kebakaran Merk Protect
Alat Pemadam Kebakaran Merk Servvo
Alat Pemadam Kebakaran Merk Yamato
Alat Pemadam Kebakaran Merk Gunnebo
Alat Pemadam Kebakaran Merk Chubb
Alat Pemadam Kebakaran Thermatic
Refill (Isi Ulang) Alat Pemadam
Harga Alat Pemadam Api Protect
Harga Alat Pemadam Api Servvo
Harga Alat Pemadam Api Yamato
Harga Alat Pemadam Api Gunnebo
Harga Alat Pemadam Api Chubb
Harga Alat Pemadam Api Thermatic
Refill Tabung Alat Pemadam
Perlengkapan Pemadam Api dan Kebakaran
Harga Alat Pemadam Kebakaran Protect
Harga Alat Pemadam Kebakaran Servvo
Harga Alat Pemadam Kebakaran Yamato
Harga Alat Pemadam Kebakaran Gunnebo
Harga Alat Pemadam Kebakaran Chubb
Harga Alat Pemadam Kebakaran Thermatic
Refill Tabung Pemadam Kebakaran
Harga Perlengkapan Pemadam
ay, thank you for this outstanding piece Jasa Rumah Bangunan Jasa Desain Rumah Jasa Desain Interior Jual Paving Jual Pasir Jual Bata Jual Hebel Jual Baja Ringan Jual Genteng Jual Besi Jasa Pasang Contblock Jasa Cor HotmixPost a Comment