WASHINGTON, Sept. 8 The long-running battle over campaign financing
arrived in the Supreme Court today, getting an extraordinary four-hour
hearing at which the nine justices were alternately told that Congress
either far exceeded its powers with new legislation or was only trying
to
clean up an ingrained perception that the political process is corrupt.
Kenneth W. Starr, the former independent
counsel who became a household name
during his investigation of President Bill
Clinton (news - web sites), told the justices
that the new law "goes too far" and that it
"intrudes deeply into the political life of the
nation." Mr. Starr represents Senator Mitch
McConnell, the Kentucky Republican who is
the new law's chief Congressional opponent.
Not at all, the law's backers countered.
Seth P. Waxman, counsel for the sponsors of
the law, argued that if the court struck down
the law, as its opponents are asking, it would
be surrendering to a "a counsel of despair"
over ever reforming the campaign-finance
system.
The first half of the four-hour argument was
devoted to the ban on "soft money"
contributions to the national parties, and to
curbs on the transfer of money from the
national parties to their state and local
committees.
The solicitor general, Theodore B. Olson,
described the law as a right and logical
response to "the relentless pursuit of big
contributions" that has tainted the political
process in the public mind.
Chief Justice William H. Rehnquist and
Justice Sandra Day O'Connor (news - web sites), widely seen as
potential swing votes, were closely watched, not only by lawyers on both
sides but also by the law's Senate sponsors, John S. McCain,
Republican of Arizona, and Russell D. Feingold, Democrat of Wisconsin,
who sat in the audience.
Today's session was extraordinary in several respects. The justices were
sitting in the first special court session since the summer of 1974,
when
the Supreme Court heard arguments on whether President Richard M.
Nixon should be compelled to surrender his tape-recordings.
Moreover, the justices devoted quadruple the usual time it allots for an
arguments. With a break for lunch, the justices were hearing eight
lawyers dissect or defend a 61-page statute whose basic ideas have
already inspired countless debates.
In a sense, today's arguments began to form about three decades ago,
when the Watergate scandals brought unsavory disclosures of powerful
people and interest groups giving enormous amounts of money to
politicians, and perhaps wanting something in return.
The excesses of the Watergate era set off such waves of revulsion that
Congress enacted limits in 1974 on how much people could donate to
candidates for federal office, and how much the candidates could spend.
Whether money is viewed as "the mother's milk of politics" (in the words
of Jesse Unruh, onetime Speaker of the California Assembly) or poison,
or both, the issues are far from clear-cut. Foes of the campaign-finance
law, led by Senator McConnell, argue that its restrictions are
unjustified
and unconstitutional, violating Americans' rights to free speech and
free
association.
Supporters of the law counter that it is necessary to repair widespread
skirting of old regulations, and that turning down the money spigots
will
not dry up the parties but rather force them to broaden their bases of
donors.
And, of course, one politician's "fat cat" is another's scrupulous
patriot,
and "special interests" can mean big business or big labor, or something
else entirely, depending on one's perspective.
No one really disputes that modern campaigns, especially those for the
White House, are tremendously expensive, and that the well-heeled
candidate has a big advantage.
In 1976 the Supreme Court ruled that, while it was constitutional to
curb
donations to candidates, it was an unconstitutional infringement on free
speech to limit what the candidates could actually spend.
This ruling, in Buckley v. Valeo, either gutted the 1974 reform
legislation,
or reimposed a degree of sanity, depending on who is arguing. (The case
took its title from Sen. James L. Buckley, a one-term Conservative Party
legislator from New York, and Francis R. Valeo, Secretary of the Senate
at the time.)
The ruling stirred the creative juices of politicians and
lawyers. They came up with subtle ways to let people and
organizations give money to benefit the parties of their
choice, without officially giving money to benefit specific
candidates, at least theoretically.
Such unrestricted money from corporations, unions and
individuals became known as "soft money," and many critics
said it continued the long-time contamination of American
politics. The flood of soft money continued unabated into the
1990's.
But in 1995, two senators with not much else in common
teamed up to introduce legislation to really limit the influence
of money in politics. They were Mr. McCain, the Republican,
and Mr. Feingold, the Democrat.
Senators McCain and Feingold first introduced their
legislation in 1995. But time and again their bill, and
companion legislation in the House, failed to gain traction.
Mr. McCain and Mr. Feingold (and their chief allies in the
House, Representatives Christopher Shays, Republican of
Connecticut, and Martin T. Meehan, Democrat of
Massachusetts) gained crucial support in 2002, following the
collapse of the Enron Corporation and the accompanying
spotlight on corporate shenanigans and political donations
by corporate interests.
Campaign-finance legislation finally passed both Houses by
comfortable margins early in 2002, and President Bush
(news - web sites) signed it.
The legislation's main features were to ban soft money and
curb advertising by unions, corporations and nonprofit
groups. Offsetting those limitations were increases in the
amount of "hard money" that individuals could contribute
directly to candidates, to $2,000 from $1,000 per election,
with increases for inflation.
The law took effect after last November's elections. In May, a
panel of three federal judges struck down the law's ban on
soft money but said the parties could not use it to pay for
televised "issue" advertisements in the weeks before
Election Day.
The panel stayed its ruling, meaning that the law remains in
effect until the Supreme Court rules. There has been
considerable speculation that the justices would like to
decide the case by the time the 2004 campaigns begin in
earnest. The high court could leave some provisions of the
McCain-Feingold law intact while undoing others.
"This coalition represents a wide range of organizations that may disagree
on
many issues, but are committed to working together for bipartisan reform
of
our corrupt campaign finance system," Senator John McCain (R-AZ) said.
"I look forward to working with this coalition and the millions of Americans
across the country demanding reform. Together we will motivate Congress
to pass real reform this year."
"The formation of this broad-based coalition is an exciting development
for
the reform effort," Senator Russ Feingold (D-WI) said. "It is clearer than
ever that campaign finance reform is an issue whose time has come. With
the
help of groups and individuals of every political stripe we will give the
American people their government back."
Americans For Reform will focus on building congressional support for
campaign finance reform by coordinating strategy and tactics among
grassroots organizations. The group will build grassroots support for reform,
coordinate a media campaign nationally and in key states, place targeted
ads
and promote campaign finance reform on its Web site
www.americans4reform.com.
Americans For Reform has also launched a town hall meeting series to
discuss campaign finance reform featuring McCain, Feingold, and other
congressional supporters and member organization representatives. The first
meeting of the series was in Little Rock, Arkansas on Monday, January 29.
AFR will sponsor additional town hall meetings across the country to build
support for campaign finance reform legislation. The next meeting will
also
feature McCain and Feingold on February 12 in Chicago, IL. More dates
and cities will be announced soon.
"Campaign finance reform matters to everyone, not just reformers. That's
why the Americans for Reform coalition will be loud and strong in helping
to
pass meaningful campaign finance reform," said Common Cause President
Scott Harshbarger. "We are bringing the talent, resources, and grassroots
ability of the business community, environmental activists, religious leaders
and medical, public health and senior advocacy groups to make real changes
to help real people with real problems held hostage by big money in politics."
The McCain-Feingold and Shays-Meehan campaign finance bills have both
been introduced in their respective legislative bodies. McCain-Feingold
will
be taken up by the Senate by March 19 or 26 under an agreement reached
with Senate Majority Leader Trent Lott and McCain. Both bills ban soft
money contributions from unions, corporations, and wealthy individuals.
McCain-Feingold also contains language, offered by Senators Olympia
Snowe (R-ME) and Jim Jeffords (R-VT), which would require outside
groups running campaign ads disguised as "issue ads" to play by the same
campaign finance rules as the candidates themselves, during the last weeks
of a campaign. "We commend the Americans For Reform effort to seek a
bipartisan, common sense, and real solution to campaign finance reform,"
said Rep. Mike Castle (R-DE), President of the Republican Main Street
Partnership, the nation's largest organization of moderate GOP elected
officials. The Main Street Partnership, which includes Snowe and Jeffords,
is
a strong supporter of the Shays-Meehan campaign finance bill and other
bipartisan reform efforts.
# # #
American For Reform Coaltion Members
20/20 Vision
AARP
Alliance for Better Campaigns
American Heart Association
American Public Health Association
American Public Power Association
American Reform Party
Warren Buffett
Campaign for America
Campaign for Tobacco-Free Kids
Children's Defense Fund
Church Women United
Committee for Economic Development
Common Cause
Consumer Federation of America
Democracy 21
Environmental Defense
Episcopal Church
League of Women Voters
National Association of Community Action Foundation
National Council of Churches
Natural Resources Defense Council
NETWORK
Public Campaign
Public Citizen
Republican Main Street Partnership
Sierra Club
U. S. PIRG
Union of American Hebrew Congregations
United Church of Christ, Justice and Witness Ministries
United Methodist Church
Women's Action for New Directions
# # #
Additional Comments From American For Reform Members
Sierra Club
Carl Pope, executive director of the Sierra Club noted their membership
in
the Coalition will help fight a system that allows corporate polluters
to buy
access and influence from policymakers.
"Americans for Reform and McCain-Feingold is the first step to keep
corporate polluters at bay in our fight to keep our drinking water safe
and
preserve clean air to breathe," said Pope.
American Heart Association
American Heart Association Chairman of the Board William J. Bryant
pointed to the McCain-Feingold and Shays-Meehan as a way to finally curb
the heavy-handed influence of special interests such as the tobacco industry.
"For more than 40 years, the tobacco industry has used its deep pockets
to
buy political access and influence. The tobacco industry's products kill
more
than 400,000 people a year, nearly half of whom die from smoking-related
cardiovascular disease," Bryant said.
Democracy 21
Fred Wertheimer, president of Democracy 21, an organization that focuses
on using the technology revolution to strengthen democracy, noted the
importance of the campaign finance battle.
"A national consensus exists today that soft money is corrupting our
democracy and needs to be banned," said Wertheimer. "The coming battle
to enact the McCain-Feingold bill in the Senate and the Shays-Meehan bill
in the House will determine whether the national consensus for reform can
overcome the defenders in Washington of the corrupt status quo."
Tobacco-Free Kids
William V. Corr, executive vice president of the Campaign for
Tobacco-Free Kids, welcomed the formation of the Americans for Reform
coalition citing the continued leadership of Senator John McCain and Russ
Feingold in seeking to reform our nation's campaign finance system and
give
government back to the people.
"This system not only costs our nation by harming our governmental
institutions - it also costs lives," Corr said. "There is no better example
than
the tobacco industry's success in 1998 in defeating the comprehensive
tobacco legislation sponsored by Senator McCain. This bill was defeated
in
the Senate by a filibuster even though 57 Senators supported it."