Robert A. Levine
With the increasing role Super PACs are playing in the 2012 Republican primaries, and will play in
the general election, isn’t there some entity to police the donation of unlimited funds to these groups and make these donations more transparent? Theoretically, for awhile, there was; the Federal Election Commission (F.E.C.).
Congress established the F.E.C. in 1974 as an independent regulatory agency. Its mission was to enforce the provisions of campaign finance law for federal elections, including the public disclosure of information, the limits and prohibitions on contributions, as well as to supervise the public funding of presidential campaigns.
To insure a balanced political approach by the Commission (as well as future gridlock), it was to consist of six members, with no more than three permitted from the same party, and with four votes necessary for any action. The Commission was structured this way to supposedly ensure bipartisan, or nonpartisan, rulings, (and to be certain that no decisions would be overly detrimental to either of the two major parties). The members were to be appointed by the
President and confirmed by the Senate to serve six year terms, with a rollover of two new appointees every two years.
Critics of the F.E.C. point to the balance between Republicans and Democrats as being responsible for its inability to force adherence to campaign finance regulations over the years and for seeming to be supportive of the interests of the two major parties. When the Commission has acted, it is usually long after the fact, the elections being over and the winners ensconced in their offices, the penalties often minor. Currently complicating the picture, the terms of five of the six F.E.C. commissioners have expired. Though President Obama could appoint new members, Senate Republicans would undoubtedly block their confirmation.
The original Federal Election Campaign Act in 1971 along with its subsequent amendments produced guidelines with the objective of legally limiting campaign contributions. As ways to evade these regulations were found, a further attempt to control runaway contributions, the Bipartisan Campaign Reform Act of 2002 (McCain-Feingold) was enacted. This was subsequently emasculated by the Supreme Court in the Citizens United decision two years ago.
The impotence of the F.E.C. and indeed any government agency to limit campaign contributions has become more evident (and tragic) since the Citizens United ruling. Special interest money has been surging into so-called Super-PACs and independent organizations, some of them masquerading as social welfare advocates, to run attack ads against political opponents. The Supreme Court held that unlimited contributions by corporations and unions, as well as wealthy individuals, to these so-called “independent” organizations are permissible, based on the concept that political spending was a form of free speech. The use of 501(c)(4) non-profit affiliates by these organizations allows some donors to remain anonymous while they covertly influence elections with vast amounts of money. In those SuperPACs where donors are revealed periodically, it is often after the election has taken place, so that voters are not aware of where the money in support of a candidate came from.
While the F.E.C. can still monitor and limit contributions that go directly to political parties and candidates, unrestricted spending on campaigns by outside organizations makes this power of scant value. It is possible that SuperPACs and independent groups will collect and spend more during the current election cycle than the candidates and the political parties themselves, as occurred in the media blitz during the recent Florida G.O.P. primary. The ability of these organizations, by utilizing special interest money, to shape politics in America is a grave threat to the democratic process.
The impotence of the F.E.C. to control campaign spending is another symptom of the dysfunction in Washington. The two parties continue to be unable or unwilling to agree on how to bring the nuclear arms race of campaign financing under control. Unfortunately, overturning Citizens United may take a constitutional amendment or a change in the composition of the Supreme Court, both of which seem unlikely. Until Americans understand the ramifications of Citizens United and pressure politicians to limit the influence of special interest money, spending on federal elections can be expected to escalate indefinitely.
Resurrecting Democracy
www.robertlevinebooks.com
With the increasing role Super PACs are playing in the 2012 Republican primaries, and will play in
Congress established the F.E.C. in 1974 as an independent regulatory agency. Its mission was to enforce the provisions of campaign finance law for federal elections, including the public disclosure of information, the limits and prohibitions on contributions, as well as to supervise the public funding of presidential campaigns.
To insure a balanced political approach by the Commission (as well as future gridlock), it was to consist of six members, with no more than three permitted from the same party, and with four votes necessary for any action. The Commission was structured this way to supposedly ensure bipartisan, or nonpartisan, rulings, (and to be certain that no decisions would be overly detrimental to either of the two major parties). The members were to be appointed by the
Critics of the F.E.C. point to the balance between Republicans and Democrats as being responsible for its inability to force adherence to campaign finance regulations over the years and for seeming to be supportive of the interests of the two major parties. When the Commission has acted, it is usually long after the fact, the elections being over and the winners ensconced in their offices, the penalties often minor. Currently complicating the picture, the terms of five of the six F.E.C. commissioners have expired. Though President Obama could appoint new members, Senate Republicans would undoubtedly block their confirmation.
The original Federal Election Campaign Act in 1971 along with its subsequent amendments produced guidelines with the objective of legally limiting campaign contributions. As ways to evade these regulations were found, a further attempt to control runaway contributions, the Bipartisan Campaign Reform Act of 2002 (McCain-Feingold) was enacted. This was subsequently emasculated by the Supreme Court in the Citizens United decision two years ago.
The impotence of the F.E.C. and indeed any government agency to limit campaign contributions has become more evident (and tragic) since the Citizens United ruling. Special interest money has been surging into so-called Super-PACs and independent organizations, some of them masquerading as social welfare advocates, to run attack ads against political opponents. The Supreme Court held that unlimited contributions by corporations and unions, as well as wealthy individuals, to these so-called “independent” organizations are permissible, based on the concept that political spending was a form of free speech. The use of 501(c)(4) non-profit affiliates by these organizations allows some donors to remain anonymous while they covertly influence elections with vast amounts of money. In those SuperPACs where donors are revealed periodically, it is often after the election has taken place, so that voters are not aware of where the money in support of a candidate came from.
While the F.E.C. can still monitor and limit contributions that go directly to political parties and candidates, unrestricted spending on campaigns by outside organizations makes this power of scant value. It is possible that SuperPACs and independent groups will collect and spend more during the current election cycle than the candidates and the political parties themselves, as occurred in the media blitz during the recent Florida G.O.P. primary. The ability of these organizations, by utilizing special interest money, to shape politics in America is a grave threat to the democratic process.
The impotence of the F.E.C. to control campaign spending is another symptom of the dysfunction in Washington. The two parties continue to be unable or unwilling to agree on how to bring the nuclear arms race of campaign financing under control. Unfortunately, overturning Citizens United may take a constitutional amendment or a change in the composition of the Supreme Court, both of which seem unlikely. Until Americans understand the ramifications of Citizens United and pressure politicians to limit the influence of special interest money, spending on federal elections can be expected to escalate indefinitely.
Resurrecting Democracy
www.robertlevinebooks.com
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