Tuesday, November 18, 2008

Reed: Presidential Candidates Don't Need Our Tax Money to Run a Campaign

Hello, folks, and welcome back to Butt and Rebutt. As you've noted, we have been somewhat out of the loop, but this week we're back with a vengeance, and our topic is, "Should public financing continue to be available to candidates for president?". Based on our coin toss, I will argue that public financing for national campaigns has outlived its usefulness if, indeed, it ever had any.

Our recent election brought this issue to the forefront in a surprising way. The Republican candidate, Senator McCain, opted to accept public funds, while the historically cash-strapped Democrats prodded Senator Obama to forego public funding. The Democratic strategy, fueled by Democratic National Committee chairman Howard Dean, proved to be an overwhelming obstacle to Sen. McCain's ability to compete for expensive media time, and many pundits are convinced that, once again, this election was won and lost on the ledgers, not at the ballot box.

Sen. McCain, however, had little choice but to opt for public money. He was, after all, the co-author of the famous (or infamous, depending on your point of view) McCain-Feingold Act, more properly known as the Bipartisan Campaign Reform Act of 2002. President Bush signed the act into law on March 27, 2002, making it the first meaningful revision to laws pertaining to public financing of elections since the first such measures began being administered by the Federal Elections Commission (FEC) in 1976 (see www.fec.gov/pages/bcra).

It is important to note that 1976 was not the year that this issue came to the forefront. In 1966, Congress passed legislation that would have provided public money to Presidential candidates by funneling funds through the political parties. According to the FEC, the law was suspended a year later, for obvious reasons (www.fec.gov/pages/brochures/pubfund). In fact, not even in 1966 were Americans first prodded to look at such a system. Fifty-nine years earlier, according to the FEC, Theodore Roosevelt proposed that public financing of national elections was the only means through which a fair result could be obtained.

Roosevelt's argument in 1907 was the same as that which resonates today - money, and I mean big money, perverts the political realm and insures that only the wealthy and well-heeled can attain high office. To the founding fathers, service was expected and personal gain was set aside. But by Roosevelt's time, special interests had already begun to pervert the process and political chicanery had become commonplace. Thus the argument was, and remains today, that public financing is the only way to assist a candidate with modest means to aspire to greatness in the political arena.

I don't buy it, no pun intended. I agree, as I assume the vast majority of our readers and Americans in general do, that money has indeed become a corrupting influence in the political realm. And the fact that Barack Obama raised more than half a billion dollars to compete for a job that pays $400,000.00 a year raises the simple question, "Why?"Our system has been co-opted by special interests, to be sure, and the money is the driving force. But it's relevant to note that, according to the New York Times and Fox News (organizations that don't often find themselves in agreement, editorially speaking), the average donation to the Obama campaign was less than $90.00.

The most money raised in any political campaign in history, and the average donor gave ninety bucks. Do the math. It's clear that, in spite of our cynicism and anger over how lobbyists, corporations, unions and radicals on the right and left have dominated the money grubbing and media hype, the common man and woman still care enough to fork over a few bucks to support a cause.That's democracy in action, the little person stepping up to help the candidate who best represents his or her values, beliefs and interests on the national level. But that citizen, passionate for a candidate or a cause, has no control over how the federal government doles out his or her tax dollars to presidential aspirants. In other words, your taxes may be going into the campaign coffers of a candidate you find totally repugnant.

I know I don't like that. I assume you don't either. But I also don't like the system the way it is, or was, where money drives politicians to say anything it takes to get elected, to crawl in bed with whatever special interest has the most umph, and then to claim high moral standards as a reason to earn my vote. So the idea of using tax-payer dollars to fund campaigns was based on noble ideals. But as so often happens in the political realm, the best intentions often produce the worst results.

This is a complicated issue on several fronts. Dating back to the 1970's, challenges to restrictions on fund raising and expenditures in political campaigns have hinged on the First Amendment's guarantee of free speech. In 1976, the U.S. Supreme Court issued a ruling in the case of Buckley v. Valeo which upheld the notion of restrictions on certain campaign fund raising as "primary weapons against the reality or appearance stemming from the dependence of candidates on large campaign contributions." However, in the very same ruling, the court recognized the validity of free-speech arguments, stating, "virtually every means of communicating ideas in today's mass society requires the expenditure of money." Restrictions on this form of free speech, the court said, could only be justified in the case of an overriding governmental interest (see http://www.campaignfinancesite.org/court/buckley.html.)

In this seemingly contradictory ruling, the court did not spell out what constitutes "overriding governmental interest," but the concern was balancing a group or individual's right to participate in the electoral process with the need to prevent graft and corruption within that process. I submit that this balance, and indeed all the concerns expressed in Buckley and cases brought subsequent to this ruling, can be addressed by common sense regulation of private sector contributions to candidates and parties.

I would accomplish this by instituting two major reforms to the current system which I believe would render public financing unnecessary. First, Congress should enact legislation that prevents a candidate for federal office from soliciting or accepting contributions for his or her campaign for a period of time equal to half the term of the office sought. In other words, a candidate for the office of president, which carries a four-year term, could not officially form a campaign committee or raise and spend outside contributions until two years prior to the general election. This is important because, while we prepare to inaugurate the man we elected this month to serve for the next four years, National Public Radio has reported that former Arkansas Governor Mike Huckabee is in Iowa, planning his strategy for a 2012 run for the presidency (All Things Considered, November 22.)

Nothing in the legislation would impede a potential future candidate such as Governor Huckabee from traveling around making speeches. It would, however, prevent political parties, corporations or wealthy individuals from contributing to a campaign fund in the candidate's name.

The second and equally important aspect of this reform would identify, once and for all, who may or may not contribute to national candidates and how much that candidate can lawfully raise. An individual's campaign would be allowed to raise no more than ten times the amount of the salary paid by the office aspired to during the course of one term. In other words, a candidate aspiring to attain the presidency, and its $400,000.00 annual salary, could raise and spend no more than $16 million. That money could be raised through donations from individuals not to exceed $2000.00, or corporations, unions, or parties not to exceed $50,000.00.

While these sums may seem paltry compared to the massive amounts of money currently spent on national campaigns, a shortened political season would mean less money would be necessary. Such a system as proposed would also serve to level the playing field for third-party candidates, or those with less name recognition.

There is one argument that public-finance proponents offer that would not be addressed under a system such as I propose. That is the notion that unheralded candidates with modest financial means and no name recognition could not compete. I would submit this argument is flawed for two reasons. One, it is false on its face. Raise your hand if you had ever heard of Ron Paul before the Republican debates first aired. Very few hands in the air. But the Texas Congressman set a single day financing record, raking in more that a million dollars over the Internet after his first debate performance.

Secondly, a young state senator from Illinois, from a very modest background and without a war chest, went from virtual unknown to President-elect in four years due to nothing more than his eloquence and perseverance. Proof positive that gifts of style and substance can overcome, at least in the short term, a lack of money or power.

In closing, I believe we can all agree that our political system, with its reliance on massive amounts of money and influence, is broken. The answer lies not in turning the system over to the government, or by completely deregulating the system. As is often the case when things are complicated beyond the capability of most citizens to understand, we should strive to simplify this system while relying on citizen participation, not taxpayer funding, to select our leaders.

16 comments:

Dano said...

Good post, Partner.

As you and I have discussed privately, this issue was FAR more complicated than we expected. While I appreciate your suggestion that an over-complex system like campaign finance needs to be simplified, I think your proposed legislation is a bit too simple, and unrealistically restrictive. Corruption (or the appearance of it) is more a consequence of the power of the office sought than of the money needed to compete for it. Obviously, special interests often donate large sums of money in exchange for undue consideration after the election is won by their supported candidate. But if there were very low limits on donations, would the calculus not be the same for special interest groups (meaning, wouldn't they still seek special consideration by giving the maximum allowable donation)? For clarity, currently corporations and trade unions, for instance, are not permitted to donate to candidates directly; they can (and do) donate huge sums to the 527s and their ilk. So it looks to me like, with your proposed legislative changes, you are simply more concerned about the excessive monies required to win a campaign than about minimizing undue influence.

The other thing I'm not certain about is your assertion that Sen. McCain had no option but to accept public financing. I realize he has made much of his authorship of the McCain-Feingold Act, but being responsible for trying to fix a flawed system doesn't necessarily mean you must rely on the system thereafter, does it? I guess I'm unconvinced that McCain could not have gotten away with accepting private financing despite his championing public finance reform (and might have faired much better in the general election, though I question that). I think his choice was made specifically to give him a disagreement over "ethics," which was ammunition against Obama.

If there is one thing about which we most certainly agree, it is that getting elected costs WAY TOO MUCH money. Maybe we should enact legislation that makes it illegal to advertise over broadcast media or the Internet; imagine campaign ads that only show up in magazines and newspapers, or not at all. How about you just can't advertise? For many years, lawyers were prohibited from advertising their services (specifically to avoid the appearance of unethical practices)-- it worked well, and people still learned which lawyers were available to address their needs. Who knew so many people were fighting with the IRS or suffering from the ravages of mesothelioma until lawyers gained the right to advertise? Who really NEEDED to know?

Anonymous said...

Dano

On the surface no advertising sounds good. I kind of lean that way at times myself. Then I realize we have a media that isn't doing their job properly and that would be a disaster in an election.

I guess if you said the newspapers and/or magazines had to run equal time with oversite for no spin we might get a more fair debate amoung candidates. In fact one of the minor parties might rise to the top under that type of system but who pays for it? (Assuming zero ad dollars.) The newspapers can't run print for free.

If we were really fair in this country we would have debates that include all parties (maybe not all at once) and they would be on TV and it would be free. Then again, who pays for air time.

Maybe the taxpayers can pay the basic TV air time. Give every candidate X number of hours and X number of debate participations and do it all for under 1 Billion. As a taxpayer I don't mind some of our tax dollars supporting this type of "even" campaign. Can you imagine the potential for real responsibility in government this way? It would be worth the money and it would save us a fortune in the long run.

Plus it would eliminate special interest which is ruining our republic.

On a side note what do you think abuot the Clinton administrations "third term." I thought Obama was going to "change" things.

Dano said...

Anonymous,

I never suggested "free" print ads or ny other free ads. Somebody has to pay for any ads. The idea was to keep them off of TV and the Internet to avoid the ridiculous costs associated with TV, in particular.

As far as the "third Clinton administration," what the hell are you talking about? There is no administration yet. The change Obama promised had to do with strategy -- essentially, a change in style of governing. He isn't governing, yet. Are you so angry he won that you can't wait for him to fail, or did you misunderstand what he meant by "change?"

Reed Mahoney said...

Obviously, it would have taken 5000words to really cover what is wrong with this system, but you are right, the media is a big part of the problem (I will comment on this as a response to your post.)But I think it could also be part of the solution, and some of what Anonymous said makes sense to me. If the taxpayer is going to foot the bill, then the money should go to the media outlets, not the campaigns, although exactly how this would work I'm not sure. But if it could work, it could serve to level the playing field.

In regard to the third Clinton administration, well, it wasn't our topic, but it is true a lot of Clintonites will appear in the administration....just as many Reaganites, Nixonites and Bushies appeared in W's. It's a simple matter of choosing people with whom you agree in a broad sense. The thing I like about Obama's choices is that most of these people aren't two years away from a nursing home. It's called energy and enthusiasm.

Dano said...

Reed,

Yeah, I realize there are a lot of "recycles" in Obama's new cabinet. My point to anonymous, however, is that (and now I reiterate) when Obama said he was the candidate of change, it didn't mean everybody and everything would be changed. Even the media pundits are making this mistake--frequent news teasers say things like, "where's the change he promised?"

HE ISN'T THE PRESIDENT, YET. He will govern differently than the Bush Administration. He will change tactics as he promised on such things as the wars in Iraq and Afghanistan, on the financial rescue plan, on energy policies, on healthcare, on taxes. These are the changes he promised, not new people we've never seen or heard from before.

And I also agree with the fundamental idea anonymous raises, that election debates and airtime should be equal for all candidates, and perhaps at taxpayers' expense. It would be tough to legislate, but so much better.

Anonymous said...

I swear to God Dano you seem to try to read between the lines too much and you always miss the point. Reed got it exactly so I won't rehash it. Read his post again.

As far as the third "Clinton" administration........Reed got that one right too and it went right over your head. Sure W recycled some people........but I thought that was one of the biggest things we all didn't like about W's administration. Now here is Obama, promising us he wouldn't do the same thing and low and behold, he just pulled out the same ole playbook.

Once again you read between the lines and say I'm angry. What can't you read? Essentially what I asked was what do you think about all the retreats........which Reed understood. Instead you read that I must be a Republican and that I"m mad at Obama. Well you got that partially correct. I am mad at Obama, he's making Hillary Sec of State. Haven't we had enough of the Bushs and Clintons?

Dano and Reed said...
This comment has been removed by the author.
Dano said...

Anonymous, it doesn't take reading between the lines to know where you're coming from. And for what it's worth, Reed and I generally agree on your tone.

If you truly think I should re-read Reed's post to "understand" things better, you are even dumber than you seem. That's hard to believe. You don't have to agree with my position, but don't be such a whiny malcontent. It's unbecoming, even for a moron.

Anonymous said...

Reed and Dano,

I enjoy reading your blog, both of your posts are excellent. Reed, as you mentioned this is quite a complicated issue, at least to me.

I think it would level the playing field if let's say, a dollar, were taken out of each one of our taxes for the presidential campaign and the money collected should be divied up between all the candidates. If there were no scrambling for money and shock advertising, then the candidates could focus on the points of their platforms. Period.

What do you say?

Anonymous said...

Deb,

Thanks for the kind words. They are few and far between in our visitors'comments of late.

I think your idea about spreading tax money evenly over all candidates would help solve the "unequal coffers" problem, but it still means everyone would be supporting a candidate (or candidates) they didn't want to support. I don't think that's much different from how the voluntary $3 tax fund donations work now.

I still think either changes in media laws and/or stiffer controls on the 527s and the like are necessary. It seems like the issue is so complex that any solution people come up with can't address all the things that need changing.

Anonymous said...

Very interesting debate. It seems anonymous is stirring the pot a little.........I like it myself. Good points on both sides.

Reed Mahoney said...

Deb,
If the consensus remains that public financing is the way to go, then your idea has merit. Unfortunately, it will never work as long as public financing remains "optional". The problem is that the courts have ruled that campaign donations are protected speech, therefore campaigns and candidates are free to accept them. (Interesting to note that both Hillary and Barack, and other candidates in recent years, have returned donations from dubious contributors, not because the donations themselves were illegal, but that the media outed the donor as less than admirable.)
I guess my point is that sooner or later we're going to have to realize we simply can't have it both ways.

Anonymous said...

Sorry guys I didn't think about looking at your site until just now.

I think I agree with Reed on this one although then you have issues like Obama greatly out spending McCain did that swing this election?

I would like to see some sort of even spending for canidates. Maybe if the capped it somehow.

Anyway, I'll try to remember to check this once in a while.

How often do you post?

Anonymous said...

No comment and I'm glad I don't have to leave a name.

Looks like you only have a couple of posters, so I'm posting just to help out your hits.....hope it helps.

Reed Mahoney said...

Hey, guys, it's true you don't have to sign your name but a moniker besides "Anonymous" would help all of our contributors and readers, and Dano and myself, differentiate our comments and "reButtals".
In regard to how often, we have hoped to have weekly topics, but we've been thwarted by fate a number of times. We'll try to do better.
A topic selection and coin toss is expected tomorrow. Please stay tuned, and pass the word.

J.T. Twilley said...

Reed's right. If you guys who post as anon would just register a name it'd make it a lot easier to converse.

I never have cared what others think of my opinion so I have no problem using what is essentially my real name.

But even if you register as Butthead1 or MrContrary451 (not saying that all anon posters are those things :) ) Then it would be much more helpful in carrying on a converstation.