Inside the Campaign Finance Battle: Court Testimony on the New Reforms

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Anthony Corrado, Thomas E. Mann, Trevor Potter
Brookings Institution Press, 26 мая 2004 г. - Всего страниц: 333

In 2002 Congress enacted the Bipartisan Campaign Reform Act (BCRA), the first major revision of federal campaign finance law in a generation. In March 2001, after a fiercely contested and highly divisive seven-year partisan legislative battle, the Senate passed S. 27, known as the McCain-Feingold legislation. The House responded by passing H.R. 2356, companion legislation known as Shays-Meehan, in February 2002. The Senate then approved the House-passed version, and President George W. Bush signed BCRA into law on March 27, 2002, stating that the bill had "flaws" but overall "improves the current system of financing for federal campaigns." The Reform Act was taken to court within hours of the President's signature. Dozens of interest groups and lawmakers who had opposed passage of the Act in Congress lodged complaints that challenged the constitutionality of virtually every aspect of the new law. Following review by a special three-judge panel, the case is expected to reach the U.S. Supreme Court in 2003. This litigation constitutes the most important campaign finance case since the Supreme Court issued its decision in Buckley v. Valeo more than twenty-five years ago. The testimony, submitted by some of the country's most knowledgeable political scientists and most experienced politicians, constitutes an invaluable body of knowledge about the complexities of campaign finance and the role of money in our political system. Unfortunately, only the lawyers, political scientists, and practitioners actually involved in the litigation have seen most of this writing—until now. Ins ide the Campaign Finance Battle makes key testimony in this historic case available to a general readership, in the process shedding new light on campaign finance practices central to the congressional debate on the reform act and to the landmark litigation challenging its constitutionality.

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Стр. 24 - We agree that in order to preserve the provision against invalidation on vagueness grounds, § 608 (e) (1) must be construed to apply only to expenditures for communications that in express terms advocate the election or defeat of a clearly identified candidate for federal office.
Стр. 24 - So long as persons and groups eschew expenditures that in express terms advocate the election or defeat of a clearly identified candidate, they are free to spend as much as they want to promote the candidate and his views.
Стр. 47 - Yet the war on terror will not be won on the defensive. We must take the battle to the enemy, disrupt his plans, and confront the worst threats before they emerge.
Стр. 63 - Norman J. Ornstein, Thomas E. Mann, and Michael J. Malbin, Vital Statistics on Congress: 1995-1996 (Washington, DC: Congressional Quarterly, 1996).
Стр. 19 - expenditure" does not include — (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate...
Стр. 31 - Investigation of Illegal or Improper Activities in Connection with 1996 Federal Election Campaigns...
Стр. 47 - Saddam Hussein could then be expected to seek domination of the entire Middle East, take control of a great portion of the world's energy supplies, directly threaten America's friends throughout the region, and subject the United States or any other nation to nuclear blackmail.
Стр. 175 - BCRA provisions relating to ads that mention or depict a candidate and are broadcast within sixty days of a general election or thirty days of a primary election for federal office.

Об авторе (2004)

Anthony Corrado is the Charles J. Dana Professor of Government at Colby College and a nonresident senior fellow in Governance Studies at the Brookings Institution. He is a coeditor of Campaign Finance Reform: A Sourcebook and coauthor of The New Campaign Finance Sourcebook, both published by Brookings. Thomas E.Mann is a senior fellow in Governance Studies at the Brookings Institution, where he holds the W. Averell Harriman Chair. He is a frequent media commentator on American politics. Trevor Potter, a former chairman of the Federal Election Commission, is general counsel of the Campaign Legal Center; a member of Caplin and Drysdale's Washington, D.C. office; and a nonresident senior fellow in governance studies at the Brookings Institution.

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