A SCHOLARLY BOOK REPOSITORY
The story of how the First Amendment became an obstacle to campaign finance regulation—a history that began much earlier than most imagine.
Americans across party lines believe that public policy is rigged in favor of those who wield big money in elections. Yet, legislators are restricted in addressing these concerns by a series of Supreme Court decisions finding that campaign finance regulations violate the First Amendment.
Big Money Unleashed argues that our current impasse is the result of a long-term process involving many players. Naturally, the justices played critical roles—but so did the attorneys who hatched the theories necessary to support the legal doctrine, the legal advocacy groups that advanced those arguments, the wealthy patrons who financed these efforts, and the networks through which they coordinated strategy and held the Court accountable.
Drawing from interviews, public records, and archival materials, Big Money Unleashed chronicles how these players borrowed a litigation strategy pioneered by the NAACP to dismantle racial segregation and used it to advance a very different type of cause.
Primo and Milyo probe original survey data to determine Americans’ sentiments on the role of money in politics, what drives these sentiments, and why they matter. What Primo and Milyo find is that while many individuals support the idea of reform, they are also skeptical that reform would successfully limit corruption, which Americans believe stains almost every fiber of the political system. Moreover, support for campaign finance restrictions is deeply divided along party lines, reflecting the polarization of our times. Ultimately, Primo and Milyo contend, American attitudes toward money in politics reflect larger fears about the health of American democracy, fears that will not be allayed by campaign finance reform.
La Raja and Schaffner conclude the book with policy recommendations for campaign finance in the United States. They are among the few non-libertarians who argue that less regulation, particularly for political parties, may in fact improve the democratic process.
The 2008 election was an extraordinary event that represented change at many levels. The candidates’ innovative campaigns changed how funds were raised, how voters were mobilized, and how messages were communicated through advertising and the internet. Parties and interest groups played their own important role in this historic election. In The Change Election, David Magleby assembles a team of accomplished political scientists to provide an in-depth analysis of this groundbreaking presidential election. These scholars through a set of compelling case studies examine the competition for votes in a dozen competitive House and Senate contests and for the White House in five states: Ohio, North Carolina, New Hampshire, Colorado, and New Mexico.
Backed by a wealth of data, and extensive interviews, the contributors offer an up-close look at the interactions of candidates' individual skills and personalities with the larger political forces at work in the election year. The book offers insights into the rapidly evolving organizational and technical aspects of campaigning. The dramatic success Obama and other candidates had in raising money—especially from small donors—is addressed along with how money was raised and spent by the candidates, party committees, and interest groups competing for votes.
Building on a tested methodology, The Change Election explores the interplay of money and electioneering. Magleby builds on more than a decade of prior studies to show the ways participants in our electoral process have adapted to statutory and judicial decisions and how the 2008 election has the potential to transform American electoral politics.
Choices and Changes is the most comprehensive examination to date of the impact of interest groups on recent American electoral politics. Richly informed, theoretically and empirically, it is the first book to explain the emergence of aggressive interest group electioneering tactics in the mid-1990s—including “soft money” contributions, issue ads, and “527s” (IRS-classified political organizations).
Michael Franz argues that changing political and legal contexts have clearly influenced the behavior of interest groups. To support his argument, he tracks in detail the evolution of campaign finance laws since the 1970s, examines all soft money contributions—nearly $1 billion in total—to parties by interest groups from 1991-2002, and analyzes political action committee (PAC) contributions to candidates and parties from 1983-2002. He also draws on his own interviews with campaign finance leaders.
Based on this rigorous data analysis and a formidable knowledge of its subject, Choices and Changes substantially advances our understanding of the significance of interest groups in U.S. politics.
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.
Skillfully blending historical data with microeconomic theory, Glenn Parker argues that the incentives for congressional service have declined over the years, and that with that decline has come a change in the kind of person who seeks to enter Congress. The decline in the attractiveness of Congress is a consequence of congressional careerists and of the growth in the rent-seeking society, a term which describes the efforts of special interests to obtain preferential treatment by using the machinery of government--legislation and regulations.
Parker provides a fresh and controversial perspective to the debate surrounding the relative merits of career or amateur politicians. He argues that driving career politicians from office can have pernicious effects on the political system: it places the running of Congress in the hands of amateur politicians, who stand to lose little if they are found engaging in illegal or quasi-legal practices. On the other hand, career legislators risk all they have invested in their long careers in public service if they engage in unsavory practices. As Parker develops this controversial argument, he provides a fresh perspective on the debate surrounding the value of career versus amateur politicians.
Little attention has been given to the long-term impact of a rent-seeking society on the evolution of political institutions. Parker examines empirically and finds support for hypotheses that reflect potential symptoms of adverse selection in the composition of Congress: (1) rent-seeking politicians are more inclined than others to manipulate institutional arrangements for financial gain; (2) the rent-seeking milieu of legislators are more likely to engage in rent-seeking activity than earlier generations; (3) and the growth of rent-seeking activity has hastened the departure of career legislators.
Glenn R. Parker is Distinguished Research Professor, Florida State University.
Close competition for majority party control of the U.S. House of Representatives has transformed the congressional parties from legislative coalitions into partisan fundraising machines. With the need for ever increasing sums of money to fuel the ongoing campaign for majority control, both Republicans and Democrats have made large donations to the party and its candidates mandatory for members seeking advancement within party and congressional committee hierarchies.
Eric S. Heberlig and Bruce A. Larson not only analyze this development, but also discuss its implications for American government and democracy. They address the consequences of selecting congressional leaders on the basis of their fundraising skills rather than their legislative capacity and the extent to which the battle for majority control leads Congress to prioritize short-term electoral gains over long-term governing and problem-solving.
What donors, especially business donors, expect for their money is "access" and access means a lot more than a chance to meet and talk. They count on secret behind-the-scenes deals, like a tax provision that applies only to a "corporation incorporated on June 13, 1917, which has its principal place of business in Bartlesville, Oklahoma." After a deal is worked out behind closed doors, one executive explains, "it doesn't much matter how people vote afterwards."
Ordinary contributions give access to Congress; megabuck "soft money" contributions ensure access to the President and top leaders. The striking truth revealed by these authors is that half the soft money comes from fewer than five hundred big donors, and that most contributions come, directly or indirectly, from business. Reform is possible, they argue, by turning away from the temptation of looking at specific scandals and developing a new system that removes the influence of big money campaign contributors.
Congressional elections research holds that Senate races are more competitive than House contests because states are more heterogeneous, or because candidates are more prominent and raise more money, or because voters have fundamentally different expectations. Because House and Senate contests are seldom compared, we have little empirical evidence to test the various hypotheses about how voters make choices for different offices. Gronke finds that the similarities between House and Senate elections are much greater than previously thought and that voters make their decisions in both races on the same bases.
Gronke first looks at differences in congressional districts and states, showing that context does not really help us understand why Senate elections feature better candidates, higher spending, and closer outcomes. Next, he turns to campaigns. Surprisingly, over a turbulent twenty-year period, House and Senate candidacies have retained the same competitive dynamics.
Gronke also considers voting behavior in House and Senate elections. Focusing on the 1988 and 1990 elections, he argues that voters do not distinguish between institutions, applying fundamentally the same decision rule, regardless of the office being contested. Gronke closes by considering the implications of his results for the way we relate settings, electoral dynamics, and institutional arrangements.
This book will appeal to those interested in Congress, political campaigning, and voting.
Paul Gronke is Associate Professor of Political Science at Reed College.
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.
Thomas Ferguson breaks completely with traditional voter centered accounts of party politics. In its place he outlines an "investment approach," in which powerful investors, not unorganized voters, dominate campaigns and elections. Because businesses "invest" in political parties and their candidates, changes in industrial structures—between large firms and sectors—can alter the agenda of party politics and the shape of public policy.
Golden Rule presents revised versions of widely read essays in which Ferguson advanced and tested his theory, including his seminal study of the role played by capital intensive multinationals and international financiers in the New Deal. The chapter "Studies in Money Driven Politics" brings this aspect of American politics into better focus, along with other studies of Federal Reserve policy making and campaign finance in the 1936 election. Ferguson analyzes how a changing world economy and other social developments broke up the New Deal system in our own time, through careful studies of the 1988 and 1992 elections. The essay on 1992 contains an extended analysis of the emergence of the Clinton coalition and Ross Perot's dramatic independent insurgency. A postscript on the 1994 elections demonstrates the controlling impact of money on several key campaigns.
This controversial work by a theorist of money and politics in the U.S. relates to issues in campaign finance reform, PACs, policymaking, public financing, and how today's elections work.
After the 2016 U.S. Presidential election, a large cohort of women emerged to run for office. Their efforts changed the landscape of candidates and representation. However, women are still far less likely than men to seek elective office, and face biases and obstacles in campaigns. (Women running for Congress make twice as many phone calls as men to raise the same contributions.)
The editors and contributors to Good Reasons to Run, a mix of scholars and practitioners, examine the reasons why women run—and do not run—for political office. They focus on the opportunities, policies, and structures that promote women’s candidacies. How do nonprofits help recruit and finance women as candidates? And what role does money play in women’s campaigns?
The essays in Good Reasons to Run ask not just who wants to run, but how to activate and encourage such ambition among a larger population of potential female candidates while also increasing the diversity of women running for office.
Thomas L. Gais points out that many laws that regulate group involvement in elections ignore the real difficulties of political mobilization, and he concludes that PACs and the campaign finance laws reflect a fundamental discrepancy between grassroots ideals and the ways in which broadly based groups actually get organized.
". . . . of fundamental scholarly and practical importance. The implications for 'reform' are controversial, flatly contradicting other recent reform proposals . . . . I fully expect that Improper Influence will be one of the most significant books on campaign finance to be published in the 1990s." --Michael Munger, Public Choice
"It is rare to find a book that affords a truly fresh perspective on the role of special interest groups in the financing of U.S. elections. It is also uncommon to find a theoretically rigorous essay confronting a topic usually grounded in empirical terms. . . . Improper Influence scores high on both counts and deserves close attention from students of collective action, campaign finance law, and the U.S. political process more generally." --American Political Science Review
Thomas L. Gais is Senior Fellow, The Nelson A. Rockefeller Institute of Government, State University of New York.
Campaign contributions are widely viewed as a corrupting influence but most scholarly research concludes that they have marginal impact on legislative behavior. Lynda W. Powell shows that contributions have considerable influence in some state legislatures but very little in others. Using a national survey of legislators, she develops an innovative measure of influence and delineates the factors that explain this great variation across the 99 U.S. state legislative chambers.
Powell identifies the personal, institutional, and political factors that determine how much time a legislator devotes to personal fundraising and fundraising for the caucus. She shows that the extent of donors' legislative influence varies in ways corresponding to the same variations in the factors that determine fundraising time. She also confirms a link between fundraising and lobbying with evidence supporting the theory that contributors gain access to legislators based on donations, Powell's findings have important implications for the debate over the role of money in the legislative process.
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
How free is the speech of someone who can't be heard? Not very--and this, Owen Fiss suggests, is where the First Amendment comes in. In this book, a marvel of conciseness and eloquence, Fiss reframes the debate over free speech to reflect the First Amendment's role in ensuring public debate that is, in Justice William Brennan's words, truly "uninhibited, robust, and wide-open."
Hate speech, pornography, campaign spending, funding for the arts: the heated, often overheated, struggle over these issues generally pits liberty, as embodied in the First Amendment, against equality, as in the Fourteenth. Fiss presents a democratic view of the First Amendment that transcends this opposition. If equal participation is a precondition of free and open public debate, then the First Amendment encompasses the values of both equality and liberty.
By examining the silencing effects of speech--its power to overwhelm and intimidate the underfunded, underrepresented, or disadvantaged voice--Fiss shows how restrictions on political expenditures, hate speech, and pornography can be defended in terms of the First Amendment, not despite it. Similarly, when the state requires the media to air voices of opposition, or funds art that presents controversial or challenging points of view, it is doing its constitutional part to protect democratic self-rule from the aggregations of private power that threaten it.
Where most liberal accounts cast the state as the enemy of freedom and the First Amendment as a restraint, this one reminds us that the state can also be the friend of freedom, protecting and fostering speech that might otherwise die unheard, depriving our democracy of the full range and richness of its expression.
A uniquely Tejano version of the old-fashioned political barbeque, the traditional South Texas pachanga allowed politicians to connect with voters in a relaxed setting where all could enjoy live music and abundant food and drink along with political speeches and dealmaking. Today's pachanga still combines politics, music, and votes—along with a powerful new element. Corporate sponsorships have transformed the pachanga into a major marketing event, replete with celebrity performers and product giveaways, which can be recorded and broadcast on TV or radio to vastly increase the reach of the political—and the commercial—messages.
This book explores the growing convergence of politics, transnational marketing, and borderlands music in the South Texas pachanga. Anthropologist Margaret Dorsey has observed some one hundred pachangas and interviewed promoters, politicians, artists, and local people. She investigates how candidates and corporations market their products to Hispanic consumers, as well as how the use of traditional music for marketing is altering traditional forms such as the corrido. Her multifaceted study also shows clearly that the lines of influence run both ways—while corporate culture is transforming the traditions of the border, Tejano voters/consumers only respond to marketing appeals (whether for politicians or products) that resonate with their values and the realities of their lives. Far from being an example of how transnational marketing homogenizes culture, the pachanga demonstrates that local cultures can exert an equally strong influence on multinational corporations.
Reformers argue that public financing of campaigns will help rescue American democracy from the corruptive influence of money in elections. Public Financing in American Elections evaluates this claim and aims to remove much of the guesswork from the discussion about public finance.
Featuring some of the most senior scholars in political science and electoral studies, this book provides an up-to-date treatment of campaign finance research and thinking about public campaign financing reforms. Exploring proposals at the local, state, and federal levels, the contributors provide a comprehensive overview of public financing initiatives in the United States and discuss their impact. Focused analyses of several current public programs are also presented.
Are our elections for sale? Americans have long asked this question in the face of skyrocketing campaign spending by candidates and parties. Then, in the 1990s, came a wave of wealthy individuals whose deep pockets seemed to be buying political offices across the country. Our worst suspicions were confirmed. Or were they? What effect do self-financers really have on electoral outcomes? Jennifer Steen's authoritative empirical study of self-financed candidates is a landmark in American politics. Steen thoroughly dispels the notion that self-funded candidates can buy legislative seats, proving that the vast majority of self-financers do not win their elections. Her book gives us a truer understanding of self-financers' actual influence on campaign competition and rhetoric.
Jennifer A. Steen is Assistant Professor of Political Science at Boston College and a former political consultant. She is one of the nation's leading authorities on self-financed candidates.
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.
In this searing personal narrative, the former state senator recounts his fight to expose and reform these acts of government misconduct. Not afraid to cite specific cases of soft corruption in New Jersey politics, he paints a vivid portrait of public servants who care more about political power and personal gain than the public good. By recounting events that he witnessed firsthand in the Garden State, he provides dramatic illustrations of ills that afflict American politics nationwide.
As he identifies five main forms of soft corruption, Schluter diagnoses the state government’s ethical malaise, and offers concrete policy suggestions for how it might be cured. Not simply a dive through the muck of New Jersey politics, Soft Corruption is an important first step to reforming our nation’s political system, a book that will inspire readers to demand that our elected officials can and must do better.
Visit: www.softcorruption.com (http://www.softcorruption.com)
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