front cover of Citizens Divided
Citizens Divided
Campaign Finance Reform and the Constitution
Robert C. Post
Harvard University Press, 2014

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.

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front cover of The Fallacy of Campaign Finance Reform
The Fallacy of Campaign Finance Reform
John Samples
University of Chicago Press, 2006

At first glance, campaign finance reform looks like a good idea. McCain-Feingold, for instance, regulates campaigns by prohibiting national political parties from accepting soft money contributions from corporations, labor unions, and wealthy individuals. But are such measures, or any of the numerous and similarly restrictive proposals that have circulated through Washington in recent years, really good for our democracy? 

John Samples says no, and here he takes a penetrating look into the premises and consequences of the long crusade against big money in politics. How many Americans, he asks, know that there is little to no evidence that campaign contributions really influence members of Congress? Or that so-called negative political advertising actually improves the democratic process by increasing voter turnout and knowledge? Or that limits on campaign contributions make it harder to run for office, thereby protecting incumbent representatives from losing their seats of power? 

Posing tough questions such as these, Samples uncovers numerous fallacies beneath proposals for campaign finance reform. He argues that our most common concerns about money in politics are misplaced because the ideals implicit in our notion of corruption are incoherent or indefensible. The chance to regulate money in politics allows representatives to serve their own interests at a cost to their constituents. And, ironically, this long crusade against the corruption caused by campaign contributions allows public officials to reduce their vulnerability by suppressing electoral competition.  

Defying long-held ssumptions and conventional political wisdom, The Fallacy of Campaign Finance Reform is a provocative and decidedly nonpartisan work that will be essential for anyone concerned about the future of American government. 

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front cover of Interest Groups and Campaign Finance Reform in the United States and Canada
Interest Groups and Campaign Finance Reform in the United States and Canada
Robert G. Boatright
University of Michigan Press, 2011

In the early 2000s, the United States and Canada implemented new campaign finance laws restricting the ability of interest groups to make political contributions and to engage in political advertising. Whereas both nations' legislative reforms sought to reduce the role of interest groups in campaigns, these laws have had opposite results in the two nations. In the United States, interest groups remained influential by developing broad coalitions aimed at mobilizing individual voters and contributors. In Canada, interest groups largely withdrew from election campaigns, and, thus, important voices in elections have gone silent. Robert G. Boatright explains such disparate results by placing campaign finance reforms in the context of ongoing political and technological changes.

Robert G. Boatright is Associate Professor of Political Science at Clark University.

Cover photo: © iStockphoto.com / alfabravoalpharomeo

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front cover of Small Change
Small Change
Money, Political Parties, and Campaign Finance Reform
Raymond J. La Raja
University of Michigan Press, 2010

Reformers lament that, with every effort to regulate the sources of campaign funding, candidates creatively circumvent the new legislation. But in fact, political fundraisers don't need to look for loopholes because, as Raymond J. La Raja proves, legislators intentionally design regulations to gain advantage over their partisan rivals.

La Raja traces the history of the U.S. campaign finance system from the late nineteenth century through the passage of the Bipartisan Campaign Reform Act (BCRA) of 2002. Then, using the 2004 presidential election as a case study, he compares the ways in which Democrats and Republicans adapted their national fund-raising and campaigning strategies to satisfy BCRA regulations. Drawing upon this wealth of historical and recent evidence, he concludes with recommendations for reforming campaign finance in ways that promote fair competition among candidates and guarantee their accountability to voters.

Small Change offers an engaging account of campaign finance reforms' contradictory history; it is a must-read for anyone concerned about influence of money on democratic elections.

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