Citizens Divided

Citizens Divided
Author: Robert Post
Publisher: Harvard University Press
Total Pages: 265
Release: 2014-06-23
Genre: Law
ISBN: 0674729005

First Amendment defenders greeted the Court’s Citizens United ruling with enthusiasm, while electoral reformers recoiled in disbelief. Post offers a constitutional theory that seeks to reconcile these sharply divided camps, and he explains how the case might have been decided in a way that would preserve free speech and electoral integrity.

Money, Politics, and the Constitution

Money, Politics, and the Constitution
Author: Monica Youn
Publisher:
Total Pages: 0
Release: 2011
Genre: Law
ISBN: 9780870785214

"A brilliant collection of essays on one of the most important contemporary constitutional issues: when can and should the government be able to regulate campaign spending? Each essay offers original insights, and together they are a superb examination of the intersection of politics and constitutional law. If there is to be a new jurisprudence in this area, this book is likely its foundation."--Erwin Chemerinsky, founding dean, School of Law, University of California-Irvine In the U.S. Supreme Court case Citizens United v. Federal Election Commission, five justices ruled that corporations and unions had a constitutional right to spend unlimited sums in elections. In so doing, they overturned decades of precedent and dozens of laws. The ruling earned banner headlines, a sharp State of the Union rebuke, and public disapproval hovering near 80 percent in the polls. In the 2010 election that followed, independent spending spiked, much of it done secretly. The decision ranks among the Court's most controversial and consequential. This volume is an attempt to map out the complex labyrinth that led to Citizens United and to explore where this decision may lead. The chapters in it arose from a symposium sponsored by NYU's Brennan Center for Justice just nine weeks after the Citizens United decision was announced.

Money, Power, and Elections

Money, Power, and Elections
Author: Rodney A. Smith
Publisher: LSU Press
Total Pages: 248
Release: 2014-04-07
Genre: Political Science
ISBN: 0807156329

Have campaign finance reform laws actually worked? Is money less influential in electing candidates today than it was thirty years ago when legislation was first enacted? Absolutely not, argues Rodney A. Smith in this passionately written, fact-filled, and provocative book. According to Smith, the laws have had exactly the opposite of their intended effect. They have increased the likelihood that incumbents in the House and Senate will be reelected, and they have greatly diminished the chances that candidates who are not wealthy will be elected. Smith's claims are supported by convincing data; he collected and analyzed information about all federal elections since 1920. These data show clearly that money matters now more than ever. Smith thinks that reform legislation has created a new inequality for candidates that, if left unchecked, threatens to destroy the American electoral process by obliterating the foundational principle of free speech. He argues that "money buys speech" and when candidates lack money to buy media time and space they are effectively silenced. Their inability to "speak freely" violates the most significant intentions of our nation's founders: that a sovereign citizenry elect its own leaders based on a free exchange of ideas. For Smith, campaign finance reform has unwittingly unbalanced the checks and balances created by the Framers of the Constitution.After presenting a detailed historical overview of how we have reached the present crisis, Smith proposes a simple solution: institute a process that completely discloses relevant information about campaign donors and recipients of donations. All disclosures would be available to the media, which would be able to investigate and report them fully. Only then, Smith believes, will the United States have the opportunity to be the democratic republic that its founders intended.

The Fallacy of Campaign Finance Reform

The Fallacy of Campaign Finance Reform
Author: John Samples
Publisher: University of Chicago Press
Total Pages: 391
Release: 2008-09-15
Genre: Political Science
ISBN: 0226734633

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.

Democracy by the People

Democracy by the People
Author: Timothy K. Kuhner
Publisher: Cambridge University Press
Total Pages: 505
Release: 2018-11-29
Genre: Business & Economics
ISBN: 1107177634

Introduces citizens to solutions for reforming the American campaign finance system.

Buying the Vote

Buying the Vote
Author: Robert E. Mutch
Publisher: Oxford University Press, USA
Total Pages: 393
Release: 2014
Genre: History
ISBN: 0199340005

"Campaign finance reform has always been motivated by a definition of democracy that does not count corporations as citizens and holds that self-government works best by reducing political inequality. In the early years of the twentieth century, Congress recognized the strength of these principles by prohibiting corporations from making campaign contributions, passing a disclosure law, and setting limits on campaign expenditures. These reforms were not controversial at the time, but conservative opposition to them appeared in the 1970s. That opposition was well represented in the Supreme Court, which has rolled back reform by granting First Amendment rights to corporations and declaring the goal of reducing political inequality to be unconstitutional. Buying the Vote analyzes the rise and decline of campaign finance reform by tracking changes in the way presidential campaigns have been funded since the late nineteenth century, and changes in the debate over how to reform fundraising practices. A close examination of major Supreme Court decisions shows how the Court has fashioned a new and profoundly inegalitarian redefinition of American democracy"--

A More Perfect Constitution

A More Perfect Constitution
Author: Larry J. Sabato
Publisher: Bloomsbury Publishing USA
Total Pages: 353
Release: 2010-07-23
Genre: History
ISBN: 0802777562

"The reader can't help but hold out hope that maybe someday, some of these sweeping changes could actually bring the nation's government out of its intellectual quagmire...his lively, conversational tone and compelling examples make the reader a more than willing student for this updated civics lesson." --The Hill The political book of the year, from the acclaimed founder and director of the Center for politics at the University of Virginia. A More Perfect Constitution presents creative and dynamic proposals from one of the most visionary and fertile political minds of our time to reinvigorate our Constitution and American governance at a time when such change is urgently needed, given the growing dysfunction and unfairness of our political system . Combining idealism and pragmatism, and with full respect for the original document, Larry Sabato's thought-provoking ideas range from the length of the president's term in office and the number and terms of Supreme Court justices to the vagaries of the antiquated Electoral College, and a compelling call for universal national service-all laced through with the history behind each proposal and the potential impact on the lives of ordinary people. Aware that such changes won't happen easily, but that the original Framers fully expected the Constitution to be regularly revised, Sabato urges us to engage in the debate and discussion his ideas will surely engender. During an election year, no book is more relevant or significant than this.

Electoral College Reform

Electoral College Reform
Author: Thomas H. Neale
Publisher: DIANE Publishing
Total Pages: 34
Release: 2010-11
Genre: Political Science
ISBN: 1437925693

Contents: (1) Intro.; (2) Competing Approaches: Direct Popular Election v. Electoral College Reform; (3) Direct Popular Election: Pro and Con; (4) Electoral College Reform: Pro and Con; (5) Electoral College Amendments Proposed in the 111th Congress; (6) Contemporary Activity in the States; (7) 2004: Colorado Amendment 36; (8) 2007-2008: The Presidential Reform Act (California Counts); (9) 2006-Present: National Popular Vote -- Direct Popular Election Through an Interstate Compact; Origins; The Plan; National Popular Vote, Inc.; Action in the State Legislatures; States That Have Approved NPV; National Popular Vote; (10) Prospects for Change -- An Analysis; (11) State Action -- A Viable Reform Alternative?; (12) Concluding Observations.

The People’s Constitution

The People’s Constitution
Author: John F. Kowal
Publisher: The New Press
Total Pages: 493
Release: 2021-09-21
Genre: Law
ISBN: 1620975629

The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.