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Author : United States. Congress. Senate. Committee on Rules and Administration
Publisher : Unknown
Page : 1018 pages
File Size : 47,9 Mb
Release : 2000
Category : Campaign funds
ISBN : STANFORD:36105050179311
Author : Frederick Gilbert Slabach
Publisher : Unknown
Page : 638 pages
File Size : 44,8 Mb
Release : 2006
Category : Law
ISBN : UOM:39015066889018
This new edition assembles the scholarship of some of the most prominent critics and supporters of jurisprudence on the U.S. Constitution and campaign finance. Contributors include academics, judges, reform advocates and practitioners, including Columbia law professor Richard Briffault, Chicago law professor Case R. Sunstei, former FCC Commission Chairman Reed Hundt, Democracy 21 president Fred Wertheimer, and former U.S. Court of Appeals for the D.C. Circuit Judge J. Skelly Wright. Among many important topics, the new edition discusses the concept of money as speech, the possible compelling state interests necessary to justify government limitations, and various alternative methods of regulating campaign finance. The new edition includes discussions of the 2002 Bipartisan Campaign Reform Act (the so-called McCain-Feingold Legislation), the 2003 U.S. Supreme Court decision in McConnell v. FEC, and entities organized under Internal Revenue Code section 527. The organization of the materials allows the addition of campaign finance module for existing Constitutional Law, Election Law, First Amendment, and Political Science courses or the creation of a separate course on this important subject. "A well-rounded collection of contrasting arguments." -- Law & Politics Book Review
Author : Robert C. Post
Publisher : Harvard University Press
Page : 265 pages
File Size : 46,7 Mb
Release : 2014-06-23
Category : Law
ISBN : 9780674369610
The Supreme Court’s 5–4 decision in Citizens United v. Federal Election Commission, which struck down a federal prohibition on independent corporate campaign expenditures, is one of the most controversial opinions in recent memory. Defenders of the First Amendment greeted the ruling with enthusiasm, while advocates of electoral reform recoiled in disbelief. Robert C. Post offers a new constitutional theory that seeks to reconcile these sharply divided camps. Post interprets constitutional conflict over campaign finance reform as an argument between those who believe self-government requires democratic participation in the formation of public opinion and those who believe that self-government requires a functioning system of representation. The former emphasize the value of free speech, while the latter emphasize the integrity of the electoral process. Each position has deep roots in American constitutional history. Post argues that both positions aim to nurture self-government, which in contemporary life can flourish only if elections are structured to create public confidence that elected officials are attentive to public opinion. Post spells out the many implications of this simple but profound insight. Critiquing the First Amendment reasoning of the Court in Citizens United, he also shows that the Court did not clearly grasp the constitutional dimensions of corporate speech. Blending history, constitutional law, and political theory, Citizens Divided explains how a Supreme Court case of far-reaching consequence might have been decided differently, in a manner that would have preserved both First Amendment rights and electoral integrity.
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher : Unknown
Page : 212 pages
File Size : 45,8 Mb
Release : 1997
Category : Political Science
ISBN : STANFORD:36105045450595
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution
Publisher : Unknown
Page : 148 pages
File Size : 43,5 Mb
Release : 1989
Category : Campaign funds
ISBN : LOC:00139295742
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution
Publisher : Unknown
Page : 140 pages
File Size : 42,5 Mb
Release : 1991
Category : Campaign funds
ISBN : LOC:00139295730
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights
Publisher : Unknown
Page : 120 pages
File Size : 43,7 Mb
Release : 1998
Category : Law
ISBN : PSU:000033094670
Author : Robert C. Post
Publisher : Harvard University Press
Page : 0 pages
File Size : 54,7 Mb
Release : 2016-10-17
Category : Law
ISBN : 0674970934
The Supreme Court's 5-4 decision in Citizens United v. Federal Election Commission, which struck down a federal prohibition on independent corporate campaign expenditures, is one of the most controversial opinions in recent memory. Defenders of the First Amendment greeted the ruling with enthusiasm, while advocates of electoral reform recoiled in disbelief. Robert Post offers a new constitutional theory that seeks to reconcile these sharply divided camps. Post interprets constitutional conflict over campaign finance reform as an argument between those who believe self-government requires democratic participation in the formation of public opinion and those who believe that self-government requires a functioning system of representation. The former emphasize the value of free speech, while the latter emphasize the integrity of the electoral process. Each position has deep roots in American constitutional history. Post argues that both positions aim to nurture self-government, which in contemporary life can flourish only if elections are structured to create public confidence that elected officials are attentive to public opinion. Post spells out the many implications of this simple but profound insight. Critiquing the First Amendment reasoning of the Court in Citizens United, he also shows that the Court did not clearly grasp the constitutional dimensions of corporate speech. Blending history, constitutional law, and political theory, Citizens Divided explains how a Supreme Court case of far-reaching consequence might have been decided differently, in a manner that would have preserved both First Amendment rights and electoral integrity.
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties
Publisher : Unknown
Page : 184 pages
File Size : 55,7 Mb
Release : 2010
Category : Law
ISBN : PURD:32754081279873
Author : Keith D. Ewing
Publisher : Oxford [England] ; Clarendon Press
Page : 280 pages
File Size : 53,9 Mb
Release : 1992
Category : Law
ISBN : UOM:39015025384234
Criticizing the electoral system is practically an American pastime. Are there any viable alternatives? Money, Politics, and Law is a study of electoral expenditure controls in Canada. Making frequent comparisons with the United States and Britain, it examines the background of electoral expenditure, the legislative control asserted on political parties, and the struggle arising from the potentially conflicting goals of equality enforced by fiscal control and the constitutional protection of liberty. This work will interest those involved with law and politics, as well as electoral law and civil liberties.
Author : Timothy K. Kuhner,Eugene D. Mazo
Publisher : Cambridge University Press
Page : 505 pages
File Size : 43,5 Mb
Release : 2018-11-29
Category : Business & Economics
ISBN : 9781107177635
Introduces citizens to solutions for reforming the American campaign finance system.
Author : Bradley A. Smith
Publisher : Princeton University Press
Page : 320 pages
File Size : 49,8 Mb
Release : 2009-02-09
Category : Political Science
ISBN : 9781400824717
At a time when campaign finance reform is widely viewed as synonymous with cleaning up Washington and promoting political equality, Bradley Smith, a nationally recognized expert on campaign finance reform, argues that all restriction on campaign giving should be eliminated. In Unfree Speech, he presents a bold, convincing argument for the repeal of laws that regulate political spending and contributions, contending that they violate the right to free speech and ultimately diminish citizens' power. Smith demonstrates that these laws, which often force ordinary people making modest contributions of cash or labor to register with the Federal Election Commission or various state agencies, fail to accomplish their stated objectives. In fact, they have worked to entrench incumbents in office, deaden campaign discourse, burden grassroots political activity with needless regulation, and distance Americans from an increasingly professional, detached political class. Rather than attempting to plug "loopholes" in campaign finance law or instituting taxpayer-financed campaigns, Smith proposes a return to core First Amendment values of free speech and an unfettered right to engage in political activity. Smith finds that campaign contributions have little corrupting effect on the legislature and shows that an unrestrained system of contributions and spending actually enhances equality. More money, not less, is needed in the political system, Smith concludes. Unfree Speech draws upon constitutional law and historical research to explain why campaign finance regulation is doomed and to illustrate the potentially drastic costs of efforts to make it succeed. Whatever one thinks about the impact of money on electoral politics, no one should take a final stand without reading Smith's controversial and important arguments.
Author : Monica Youn
Publisher : Unknown
Page : 0 pages
File Size : 48,6 Mb
Release : 2011
Category : Law
ISBN : 0870785214
"A brilliant collection of essays on one of the most important contemporary constitutional issues: when can and should the government be able to regulate campaign spending? Each essay offers original insights, and together they are a superb examination of the intersection of politics and constitutional law. If there is to be a new jurisprudence in this area, this book is likely its foundation."--Erwin Chemerinsky, founding dean, School of Law, University of California-Irvine In the U.S. Supreme Court case Citizens United v. Federal Election Commission, five justices ruled that corporations and unions had a constitutional right to spend unlimited sums in elections. In so doing, they overturned decades of precedent and dozens of laws. The ruling earned banner headlines, a sharp State of the Union rebuke, and public disapproval hovering near 80 percent in the polls. In the 2010 election that followed, independent spending spiked, much of it done secretly. The decision ranks among the Court's most controversial and consequential. This volume is an attempt to map out the complex labyrinth that led to Citizens United and to explore where this decision may lead. The chapters in it arose from a symposium sponsored by NYU's Brennan Center for Justice just nine weeks after the Citizens United decision was announced.
Author : Daron R. Shaw,Brian E. Roberts,Mijeong Baek
Publisher : Oxford University Press, USA
Page : 201 pages
File Size : 45,7 Mb
Release : 2021
Category : Law
ISBN : 9780197548417
"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"--
Author : Diana Dwyre,Robin Kolodny
Publisher : University of Michigan Press
Page : 392 pages
File Size : 55,7 Mb
Release : 2024-07-23
Category : Political Science
ISBN : 9780472904532
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.
