In a country where democracy is at the heart of all citizens, these citizens need to have a stronger voice when it comes to elections. This is why the implementation of an amendment that reforms the financing of campaigns is disputed greatly among scholars and political officials alike. The Supreme Court has ruled that corporations are entitled to first amendment rights, but the basis of this ruling is unclear. Unfortunately the overturning of such a ruling would not even guarantee a restored democracy to American elections. Some professionals see corporations and hefty donating figures as an essential part of the election process, while others believe the Citizens United v. Federal Election Committee has taking many of the rights that the founding fathers had fought for. In the following body paragraphs, five sources will be reviewed in hopes of comparing the benefits and pitfalls of revising the way American Elections are financed.
Corruption is a constant idea surrounding the Campaign Finance Reform Act, both the court’s decision to overturn it and what corruption is going on through the donation and contributions of funds. According to Zephyr Teachout, Associate Law Professor at Fordham Law School and a Visiting Assistant Professor at Harvard's Kennedy School, corruption was present in the Citizens United opinion. This is important when dealing with the idea of whether or not The Bipartisan Campaign Finance Reform was corrupt, and whether or not the ruling to overturn it was unjust. According to Justice Kennedy's ruling of Citizens United, corruption exists when someone seeks to influence an official through compensation, though there is no direct evidence to support this as there is in other cases in court.
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...he scene interactions of politicians. There is no true way to limit this with an amendment, but this may help answer a conundrum of even though PACs account for a large portion of campaign contributions, most PACs donate much less than the maximum allowed.
This social model of contributor-lawmaker relationship may be what really matters in the long run when paired with PAC influence. The contributor’s themselves may matter more than contributions. Although this is a valid understating of the situation, there is a lack of data to back this theory. Virtually all the studies on contribution influence have attempted to measure the amount of contributions that affect voting, while they possibly should have been measuring how individual contributors affect the votes. Although this is only a small difference, it has major effects to how campaign finance is to be reformed.
In January of 2010, the United States Supreme Court, in the spirit of free speech absolutism, issued its landmark Citizens United v. Federal Election Commission decision, marking a radical shift in campaign finance law. This ruling—or what some rightfully deem a display of judicial activism on the part of the Roberts Court and what President Obama warned would “open the floodgates for special interests—including foreign corporations—to spend without limit in…elections” —effectively and surreptitiously overturned Austin v. Michigan Chamber of Commerce and portions of McConnell v. Federal Election Commission, struck down the corporate spending limits imposed by Bipartisan Campaign Reform Act of 2002, and extended free speech rights to corporations. The purpose of this paper is to provide a brief historical overview of campaign finance law in the United States, outline the Citizens United v. Federal Election Commission ruling, and to examine the post-Citizens United political landscape.
The Federal Election Campaign Act, despite being backed by 75 percent of House Republicans, and 41 percent of Senate Republicans, caused immense controversy in Washington. Senator James Buckley sued the secretary of the senate Frances Valeo on the Constitutionality of FECA. In the end, the court upheld the law's contribution limits, presidential public financing program, and disclosure provisions. But they removed limits on spending, including independent expenditures, which is money spent by individuals or outside groups independent of campaigns. This shaped most major campaign financing rulings, including Citizen’s United.
The current use of soft money in the US Governmental elections is phenomenal. The majority of candidates funding comes from soft money donations. Congress has attempted to close these funding loop holes; however they have had little success. Soft money violates standards set by congress by utilizing the loop hole found in the Federal Election Commission’s laws of Federal Campaigns. This practice of campaign funding should be eliminated from all governmental elections.
Corruption is an individual and institutional process where there is a gain by a public official from a briber and in return receives a service. Between the gain and the service, there is an improper connection, (Thompson p.28). The two major categories of bribery is individual and institutional corruption. Receiving personal goods for the pursuit of one’s own benefit is personal fraud. An example of individual distortion is the financial scandal involving David Durenberger. Organizational corruption involves “receiving goods that are useable primarily in the political process and are necessary for doing a job or are essential by-products of doing it,” (Thompson p.30). An instance of institutional fraud is the Keating Five case. There are also times where there is a mixture of both individual and organizational corruption in a scandal. An example of this diverse combination is James C. Wright Jr. actions while he was the Speaker of the House.
The Supreme Court of the United States articulated this point in Citizens United v. Federal Election Commission, commonly referred to as plain “Citizens United”, in the majority opinion. Supreme Court Justice Anthony Kennedy, in his majority opinion, wrote that “If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech,” (Kennedy). Basically, he is saying that if free speech means anything, it must apply to the case of campaign contributions. Where Citizens United failed, however, was its cap on independent expenditures that corporations could make. It let corporations influence elections but limited money spent. SpeechNow.org v. FEC solved that issue. It ruled against the cap of donations on Super PACs (Forget Citizens United). In conjunction with the Citizens United decision, Super PACs were finally able to use their free speech. This paved a path for free speech in the election
Campaign finance refers to all funds raised to help increase candidates, political parties, or policy attempts and public votes. When it comes to political parties, generous organizations, and political action groups in the United States are used to collect money toward keep campaigns alive. Campaign finance always has problems when it comes to these involvements. These involvements include donating to candidate, parties and other political organization. Matthew J. Streb stated “instead of placing further restrictions on campaign donations to candidates, parties, and other political organizations, we should consider eliminating contribution restrictions entirely (Rethinking American Electoral Democracy)”. In other words, instead of allowing
The United States of America is often touted as the guiding beacon of democracy for the entirety of the modern world. In spite of this tremendous responsibility the political system of the United States retains some aspects which upon examination appear to be significantly undemocratic. Perhaps the most perplexing and oft misunderstood of these establishments is the process of electing the president and the institution known as the Electoral College. The puzzle of the Electoral College presents the American people with a unique conundrum as the mark of any true democracy is the citizens’ ability to elect their own ruling officials. Unfortunately, the Electoral College system dilutes this essential capacity by introducing an election by
Though campaign finance laws deal primarily with limitations on money expenditures, campaign finance is dealt with as a first amendment issue. Though it was argued in Buckley v. Valeo (which will be discussed in detail later on) that campaign donations should be considered conduct, comparable to burning a draft card, rather than speech. The Court claimed, however, that spending money makes communication possible. Often, this communication involves speech alone, not conduct. Furthermore, the Court recognized that virtually every means of communicating ideas requires money, pointing to several examples, such as the pr...
Hypothesis #2: Money, big corporations, and fellow party affiliates affect the voting patterns of Senators and House members.
The author argues that without the use of an Electoral College that every vote by an American citizen would still create a big outcome in the election for a candidate. Instead of telling electors who citizens wished to cast their vote for, citizens would be able to really vote for the candidate in which they feel will be most effective for the country. The author believes that the Electoral College has soiled our elections and that we should make a better way in which we can make the elections more efficient and equal for each and every citizen in
People always tell you that there are two subjects never to bring up at a dinner party, one is religion and the other is politics. Why is that? It is because both subjects invoke very strong emotions. Rather than saying something inappropriate, most people avoid talking about religion altogether. But get those same people in a room and ask their political opinions, that is a different story. For many reasons, people are vocal about their political beliefs (Bentz, 2013). Unfortunately, individuals will judge people by their political beliefs first, without notice to other important aspects of their lives. And that is the reason that politics is not brought up in dinner parties.
December of 2010, in a five to four vote, it was decided that corporate funding of independants in in elections was protected under the first Amendment. This opened the floodgate for the 2012 elections as the candidates took to many platforms to raise money for their campaigns. Mitt Romney along with the help of Spencer Zwick raised 6.5 million dollars simply through a call-a-thon. The secret weapon in this call-a-thon was a program called ComMITT. This program allowed the user to solicit donations from contacts in their email, and online social networking sites. Any donation made fed directly back into the campaign, giving a real-time tally of pledges. With all of this information, one can make a decision for or against campaign finance contributions. Personally, I have conflicting feelings about limitations on campaign finance. I feel as though there should not be a limit for campaign finance contributions, but there should be more qualifications for becoming president. I do not believe there should be a limit on campaign finance because technically it is covered under freedom of speech. It is covered under freedom of speech. This is because giving money is showing
Many people argue that the legislative branch is run by few big interest groups because of their massive contributions against very small contributions from individuals. In a democratic society, power must be shared equally among its citizens, but is that the case in the United States? The answer is simply no, and by limiting their overall spending on elections, policymakers will listen and pay more attention to the public interest over the special interest. Also, by revealing the freeloaders’ names, people will have more knowledge of who is representing them and who has tended to benefit those who made contributions to their campaigns. Finally, prohibiting the spending on food, entertainment and gifts to legislative branch employee will also reduce the corruption in the legislative
The issue of campaign financing has been discussed for a long time. Running for office especially a higher office is not a cheap event. Candidates must spend much for hiring staff, renting office space, buying ads etc. Where does the money come from? It cannot officially come from corporations or national banks because that has been forbidden since 1907 by Congress. So if the candidate is not extremely rich himself the funding must come from donations from individuals, party committees, and PACs. PACs are political action committees, which raise funds from different sources and can be set up by corporations, labor unions or other organizations. In 1974, the Federal Election Campaign Act (FECA) requires full disclosure of any federal campaign contributions and expenditures and limits contributions to all federal candidates and political committees influencing federal elections. In 1976 the case Buckley v. Valeo upheld the contribution limits as a measure against bribery. But the Court did not rule against limits on independent expenditures, support which is not coordinated with the candidate. In the newest development, the McCutcheon v. Federal Election Commission ruling from April 2014 the supreme court struck down the aggregate limits on the amount an individual may contribute during a two-year period to all federal candidates, parties and political action committees combined. Striking down the restrictions on campaign funding creates a shift in influence and power in politics and therefore endangers democracy. Unlimited campaign funding increases the influence of few rich people on election and politics. On the other side it diminishes the influence of the majority, ordinary (poor) people, the people.
Montesh, M. (n.d.). Conceptualizing Corruption: Forms, Causes, Types and Consequences. Retrieved May 4, 2014, from