This is something people feel strongly about on both sides of the political spectrum. What's interesting about it is that almost everyone agrees that money in politics is a problem, yet we're somehow divided on it anyway and, partly as a result of that, nothing is being done about it. The division is probably not ideological, but comes from disagreements about what the problem actually is, and what can be done about it. These, then, are the central questions for this thread:
1) Why is money in politics a problem in the US?
2) What can be done about it?
The following is my take.
Why is money in politics a problem in the US?
The way I see it, there's two main reasons for this. The first is that the demand for money is high in US politics. Politicians need a lot of money. This is due mostly to primaries, which cause America's parties to be weak. With primaries, the party is not in control of who leads it and populists like Trump or Sanders can come out of nowhere and take over the party essentially without its consent. A consequence of weak parties is that politicians who want to win elections need a lot of money. Name recognition is not free unless you're already famous, and during a primary each candidate is individually responsible for getting themselves and their message out there. They all need to do a lot of individual fundraising. And they don't even like it, by the way. Politicians, by and large, don't like that they need to raise money. Ask any politician what their least favorite part of the job is, they will probably mention fundraising. They dislike asking for money, and dislike what they have to do to get it. Attempts to regulate campaign finance, then, have historically been bipartisan. Which brings me to the second reason there's a problem.
The second reason there is a lot of money in politics is the state of campaign finance law. To understand why this is, some background. The modern era of campaign finance sort of started with FECA and SCOTUS' response to it. FECA is a 1971-1974 law which limited campaign contributions and expenditures and created the FEC to enforce it (to illustrate that this is a bipartisan issue: it passed the senate 88-2 and the house 372-23). In Buckley vs Valeo, SCOTUS first weighed in on campaign finance, as far as I know. In it, the court held that FECA's limits on expenditures are unconstitutional because they violate the right to free speech. A law passed by congress with overwhelming majorities, suggesting a strong mandate by the people, was struck down by an unelected judiciary. This was the first sign of trouble.
There was one more major attempt by lawmakers to regulate campaign finance but this, too, was struck down by the court. In another landmark ruling, Citizens united vs FEC, the court held that money = speech, and that corporate expenditures to promote a certain candidate can't be limited because they're protected by the first amendment. Needless to say, this ruling has proven controversial. I for one am not a fan of the "money = speech" mantra, in my view it's more reasonable to say money is a megaphone. It doesn't enable you to speak, rather it enables you to turn up the volume on your speech. Using that reasoning I think the court could have ruled differently (something the 4 dissenter justices agreed with), and therefore should have. After all, this ruling had disastrous consequences for politics, greatly increasing the influence of lobbyists. Here's a direct quote from the ruling that aged particularly poorly:
"Guys it's fine. When we enable corporations to spend tons of money to support politicians, it won't cause corruption. It just won't, it's fine. Trust us. Oh and it won't even look like corruption either btw. Everyone will consider this to be totally above board and nobody will lose trust in our glorious institutions. It's fine."
Absolute. Fucking. Donkeys.
Citizens United enabled super PACs as well as the 501(c )(4) construction, a loophole by which corporations (and individuals) can donate essentially anonymously, getting around transparency laws. From that point (2010), US campaign finance has been a wild west, "anything goes" environment where lobbyists can spend without limits. This, combined with the high demand for money which I addressed earlier, is why there's a problem.
What can be done about it?
Since the two main culprits are primaries and SCOTUS, there's a few things that can be done:
1) Remove SCOTUS as a third, unelected branch of government. This requires a constitutional amendment and is a radical change, but it's not as crazy as it sounds. A supreme court that checks the government's laws against the constitution is not necessary in constitutional democracies; plenty exist without it. The US supreme court took this role upon itself, but whether or not that is ultimately good for the country is up for debate. The issue of money in politics is a great example of the disconnect between SCOTUS and the rest of the country. Almost everyone is for stricter campaign finance laws, even politicians. Only SCOTUS stands in the way, because it doesn't answer to voters.
2) A constitutional amendment clarifying that money does not equal speech, and that corporate expenditures are not protected under the first amendment (or something along those lines).
3) The abolishment of primaries. I think if parties stopped holding primaries, this would greatly reduce the influence of lobbyists because there would be much less demand for money in politics. The problem with this is that, if a party chooses not to hold a primary, it will probably be accused of being undemocratic. I would actually argue the opposite: a democracy is more representative without primaries, not less. But that is a topic for another thread, if there is interest.
You might say: None of these are realistic. And that's very true, and probably the reason why nothing is actually being done about this problem. Politicians know that constitutional amendments are a non-starter these days, and abolishing primaries is politically very costly. Our only hope, realistically, is...
4) SCOTUS changes its mind, decides that Buckley and Citizens United were bad rulings and reverses them. Some of you may not want to hear this, but the first step in getting there is by adding more liberal justices. After all, Citizens United was a 5-4 decision with only democrat appointees dissenting. That's not a coincidence. Further, nowadays only democrats seem to want to do anything about campaign finance. Had Hillary Clinton been elected in 2016, these corruption-enabling rulings would likely have been reversed already. In other words: Elect a democrat.
Any takers?
1) Why is money in politics a problem in the US?
2) What can be done about it?
The following is my take.
Why is money in politics a problem in the US?
The way I see it, there's two main reasons for this. The first is that the demand for money is high in US politics. Politicians need a lot of money. This is due mostly to primaries, which cause America's parties to be weak. With primaries, the party is not in control of who leads it and populists like Trump or Sanders can come out of nowhere and take over the party essentially without its consent. A consequence of weak parties is that politicians who want to win elections need a lot of money. Name recognition is not free unless you're already famous, and during a primary each candidate is individually responsible for getting themselves and their message out there. They all need to do a lot of individual fundraising. And they don't even like it, by the way. Politicians, by and large, don't like that they need to raise money. Ask any politician what their least favorite part of the job is, they will probably mention fundraising. They dislike asking for money, and dislike what they have to do to get it. Attempts to regulate campaign finance, then, have historically been bipartisan. Which brings me to the second reason there's a problem.
The second reason there is a lot of money in politics is the state of campaign finance law. To understand why this is, some background. The modern era of campaign finance sort of started with FECA and SCOTUS' response to it. FECA is a 1971-1974 law which limited campaign contributions and expenditures and created the FEC to enforce it (to illustrate that this is a bipartisan issue: it passed the senate 88-2 and the house 372-23). In Buckley vs Valeo, SCOTUS first weighed in on campaign finance, as far as I know. In it, the court held that FECA's limits on expenditures are unconstitutional because they violate the right to free speech. A law passed by congress with overwhelming majorities, suggesting a strong mandate by the people, was struck down by an unelected judiciary. This was the first sign of trouble.
There was one more major attempt by lawmakers to regulate campaign finance but this, too, was struck down by the court. In another landmark ruling, Citizens united vs FEC, the court held that money = speech, and that corporate expenditures to promote a certain candidate can't be limited because they're protected by the first amendment. Needless to say, this ruling has proven controversial. I for one am not a fan of the "money = speech" mantra, in my view it's more reasonable to say money is a megaphone. It doesn't enable you to speak, rather it enables you to turn up the volume on your speech. Using that reasoning I think the court could have ruled differently (something the 4 dissenter justices agreed with), and therefore should have. After all, this ruling had disastrous consequences for politics, greatly increasing the influence of lobbyists. Here's a direct quote from the ruling that aged particularly poorly:
Quote:this Court now concludes that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption. That speakers may have influence over or access to elected officials does not mean that those officials are corrupt. And the appearance of influence or access will not cause the electorate to lose faith in this democracy.
"Guys it's fine. When we enable corporations to spend tons of money to support politicians, it won't cause corruption. It just won't, it's fine. Trust us. Oh and it won't even look like corruption either btw. Everyone will consider this to be totally above board and nobody will lose trust in our glorious institutions. It's fine."
Absolute. Fucking. Donkeys.
Citizens United enabled super PACs as well as the 501(c )(4) construction, a loophole by which corporations (and individuals) can donate essentially anonymously, getting around transparency laws. From that point (2010), US campaign finance has been a wild west, "anything goes" environment where lobbyists can spend without limits. This, combined with the high demand for money which I addressed earlier, is why there's a problem.
What can be done about it?
Since the two main culprits are primaries and SCOTUS, there's a few things that can be done:
1) Remove SCOTUS as a third, unelected branch of government. This requires a constitutional amendment and is a radical change, but it's not as crazy as it sounds. A supreme court that checks the government's laws against the constitution is not necessary in constitutional democracies; plenty exist without it. The US supreme court took this role upon itself, but whether or not that is ultimately good for the country is up for debate. The issue of money in politics is a great example of the disconnect between SCOTUS and the rest of the country. Almost everyone is for stricter campaign finance laws, even politicians. Only SCOTUS stands in the way, because it doesn't answer to voters.
2) A constitutional amendment clarifying that money does not equal speech, and that corporate expenditures are not protected under the first amendment (or something along those lines).
3) The abolishment of primaries. I think if parties stopped holding primaries, this would greatly reduce the influence of lobbyists because there would be much less demand for money in politics. The problem with this is that, if a party chooses not to hold a primary, it will probably be accused of being undemocratic. I would actually argue the opposite: a democracy is more representative without primaries, not less. But that is a topic for another thread, if there is interest.
You might say: None of these are realistic. And that's very true, and probably the reason why nothing is actually being done about this problem. Politicians know that constitutional amendments are a non-starter these days, and abolishing primaries is politically very costly. Our only hope, realistically, is...
4) SCOTUS changes its mind, decides that Buckley and Citizens United were bad rulings and reverses them. Some of you may not want to hear this, but the first step in getting there is by adding more liberal justices. After all, Citizens United was a 5-4 decision with only democrat appointees dissenting. That's not a coincidence. Further, nowadays only democrats seem to want to do anything about campaign finance. Had Hillary Clinton been elected in 2016, these corruption-enabling rulings would likely have been reversed already. In other words: Elect a democrat.
Any takers?




