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Campaign Finance

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Any campaign finance reform must be structured within the framework of the Constitution.

When examining the role of the government in situations of participation in political processes, the role as the protector of rights and privileges as identified in the Constitution must be weighed against its role as a regulator of the political process. A primary principle of the First Amendment is to protect and encourage the rights of individuals and organizations to participate in our civic process (Federal Campaign Finance Law). This right to be involved in the political system is an important privilege and should not be taken lightly. Any campaign finance reform must be structured within the framework of the Constitution. Disclosure requirements are observed as means to deter corruption by requiring that contributions made to elected officials and candidates are made public in federal elections. Disclosure allows voters to make up their own minds based on the information that is placed before them. Supreme Court Justice Louis Dembitz Brandeis believes, “Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants, electric light the most efficient policeman” (Brandeis, 97). Brandeis’ statement laid the groundwork of the Sunlight Foundation, which was founded on the idea that utilizing new technology to facilitate citizens with information concerning Congress, will lead to the reduction of corruption, ensure greater government accountability, and establish public trust. The Sunlight Foundation claims that by, “providing timely online access to information about the Congress and its members will enable citizens and the press to better understand the activities of their lawmakers and the institution, to monitor the interplay between lawmakers and lobbyists, and enable Congress to better police itself” (Sunlight). Although I agree with the Sunlight Foundation up to a point, I cannot accept the overall conclusion that by merely making the information available to the public will have a great impact on the people’s feelings towards politicians and the government. While many view new technology as an asset, others claim that, “information technology hasn’t lived up to its worldwide political promise” (Thompson). Thompson asserts that faster is not always better and gives an example from the Philippines. President Estrada was overthrown after hundreds of protestors received text messages saying, “Go to the EDSA shrine to protest. [Please] pass” (Thompson). Macapagal Arroyo came to power in 2001 and was later charged with incompetence because she was unsuccessful in getting her economic reform package through the Filipino Congress. Thompson states, “Perhaps [she] would have risen and fallen on [her] own – but probably not. And the qualities that have led to [her] failures are the same ones promoted by IT-driven politics… having excess style but short on substance” (Thompson). Several countries have prohibited public access to the internet, while others have developed national firewalls in order to block its “democratizing effect” (Thompson). I believe that for every advantage that technology has to offer, there exists a counter disadvantage. Culture always pays a price for technology, and in this situation I believe it is worth it. By placing facts, figures etc. on the web and making it accessible to the everyday public, I believe that it would open doors to what goes on within our government. Not only should the government be responsible for putting the information on the internet, but for informing the community how to find and interpret the information. The reports should be posted in a timely manner and be subject to regulations demanding integrity. The public opinion of the government is at a low point and being honest and upfront with political issues will surely improve the public’s attitude over time. Another area of concern is issue advocacy. Current laws and court decisions mandate that speech advocating the election or defeat of a candidate, by using words such as “elect,” “vote for,” “defeat,” indicate express advocacy and that any such activity must be financed by regulated money. Mention of a candidate or position on an issue that avoids such “key words” is considered to be issue advocacy and can be financed by unregulated money. The fine line between express advocacy and issue advocacy is a difficult one for courts and legislators to distinguish (Federal Campaign Finance Law). One approach is to acknowledge that issue advocacy is a major loophole by which major election laws have been evaded. If issue advocacy is allowed to continue it should be accompanied with full disclosure, by releasing the identity and the amount of funding spend. Another option suggests the line between issue advocacy and express advocacy be redefined. Any advertisement mentioning the name of a candidate near election time is obviously intended to influence the outcome of the election and should therefore be subject to disclosure and funding source limits. Soft money is also an area causing much debate. Soft money is defined as any funds that have been raised or spend outside of the limitations of the FECA. Currently, laws allow for the solicitation and contribution of soft money. These funds have been successfully used to circumvent contribution limits. Money that is donated to the state or nonfederal accounts of state party committees are not considered part of the federal system, and therefore not governed by the same strict disclosure rules. The elimination of soft money has become a popular solution as many feel that soft money has become a channel through which corporations are able to affect the outcome of elections. Businesses and corporations are able to bypass federal election laws by contributing unlimited amounts of money to political party committees. After elected, a candidate might feel obligated to legislate in favor of his or her contributors. On the one hand, I believe the effect of soft money in elections needs to be suppressed, but on the other hand, I still insist the importance of maintaining the First Amendment. Some might believe that a complete ban on soft money would violate the First Amendment right to freedom of speech, arguing that party building activities promoting specific parties and issues should continue to be funded by soft money. Such activities have traditionally been considered as beneficial to the general wellbeing of the parties and their ability to involve people in the political process. My feelings on the issue are mixed. I do support the idea of eliminating soft money and the rationale behind it, but I find that complete elimination might infringe on the Constitutional rights. Though I concede that protecting our rights is extremely important and that by limiting soft money contributions might violate the First Amendment, I still must argue that the primary role of political parties is to effect the election of candidates to office, thus soft money is ultimately used to advocate the election or defeat of candidates for federal office. In conclusion, the vast amounts of money being spent on the campaign process have caused the public to lose confidence in the government. There have been many suggestions and changes made to make the procedures fair and consistent with the democratic process. One must decide how the government should balance its roles as the protector of rights and regulator of the political process in the areas of disclosure, technology, issue advocacy and soft money. I personally believe that companies should be able to donate as much money as they want to support their political party and candidate, as consistent with the First Amendment. I am also in favor of complete disclosure regarding both express and issue advocacy and soft money. By making this information available to the public, it would enable challenges to raise the necessary funding to run a competitive race and that a system full of timely disclosure of all contributions will allow the public to identify where or not money is being used to improperly influence the process.

Works Cited:
"About The Sunlight Foundation." 19 April 2007. The Sunlight Foundation. 19 Apr 2007 .
Brandeis, Louis. Other People’s Money. New York: F.A. Stokes, 1914.
"Federal Campaign Finance Law." Federal Election Commission. U.S. Government. 29 Mar 2007 .
"Government and Politics." Polling Reports Online. 30 April 2006. Polling Reports Inc. 19 Apr 2007 .
McAuliff, Michael. “Hillary: The $10m woman-Political fundraisers turn to gold for Democrat First Lady." Daily Telegraph. 27 March 2007: 15-. Lexus Nexus. University of Tennessee at Chattanooga Lib. 20 Mar. 2007
Thompson, Nicolas. "The Internet and Political Campaigns." 16 June 2003. Globalist. 26 March 2007

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