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Why Not Amend the Constitution?

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Mark Schmitt is right “that the most fundamental problem to be addressed in American politics is the extent to which radical economic inequality reinforces and in turn is reinforced by inequality in the political system.” He and others who have weighed in are also right that the failure of public financing demands a strategic re-thinking about how to build firewalls between the inequality of the market and the equality of citizenship that democracy requires.

But pouring more money into the system through subsidies for small donations doesn’t rise to the level of the problem. Rather, Mark’s admonition to think of values “other than corruption,” appears to throw in the towel on the fight against undue influence by the rich and powerful. This is a classic liberal retreat – “throwing money at the problem” (Having done it myself, I know it when I see it) rather than digging in and fighting for structural change.

In this case, the predictable result would be a transfer of funds from the taxpayers and the public sector to the pockets of advertisers and media moguls, as well as an accelerated inflation of the cost of running for office. Not what America needs.

Size counts in politics. As individuals, a thousand donors contributing $25 are not even on the radar screen of political influence. They are no match for someone who can write a check for $25,000. That’s why bundling is so important. Small donors finish last.

The root cause of the dilemma is of course the unequal distribution of income and wealth. But the technical obstacle is the perverse interpretation of the First Amendment, sanctioned by the Supreme Court. We tie ourselves up in Gordian slip-knots like McCain-Feingold as we talk around that 800 pound gorilla squatting on the campaign finance table. Indeed, the bickering among the reform insiders that quickly surfaced in this blog debate shows the confusion and disarray that Buckley vs. Vallejo continues to inflict on us. So why not go directly at the source with a constitutional amendment that gives Congress the right to limit campaign spending?

It’s hardly a new idea. Dave Obey, Barney Frank and a few other Democrats introduced a bill to do just that a few years ago. And I think Mark’s old boss, Bill Bradley once proposed the same thing. But it’s the idea that if enacted, has the best chance of dealing with the issue by starving the beast.

A constitutional amendment campaign would of course be a lot of work to organize etc. But – unlike so many progressive proposals -- it would start with the overwhelming majority of the people – on the right left and center -- on its side, i.e., who think that politics in Washington is corrupted through and through by big money. Limiting campaign contributions to X dollars a head is likely to be much more popular than using public money to subsidize political campaigns at a time when leaders of both parties are telling voters that there aren’t enough funds for health care, education or cleaning up the environment.

I’m not a constitutional lawyer – or a lawyer of any kind – but isn’t an effort to defend democracy just the kind of issue that the amendment process is supposed to deal with?

The reluctance of we progressives to launch a frontal attack on the Buckley-Vallejo decision in order to deal with the “most fundamental” issue we face, stands in stark contrast to the self-confidence and aggressiveness of our political adversaries on the Right who are ready at a moment’s notice to amend the constitution to stop flag-burning, abortion, same-sex marriage and other hobgoblins of their fevered brains. Perhaps, borrowing on Mark’s notion of political “intensity,” they really care more about their issues than we care about ours.


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To answer the question in your headline: Because amending the Constitution is impossible. There is no chance that any meaningful amendment to the constitution will pass at this point in our history. It only takes 13 states to block a constitutional amendment. Tell me which 38 states are going to be in favor of whatever amendment you want, and maybe I'll read the rest of your post.

The amendment process isn't supposed to do anything besides specify how amendments are made part of the constitution.

An Amendment?

Wealthy people usually don't have the time or ability to go out and march or protest on the street corner, so while we are at it let's level the playing field and limit the amount of time americans can protest or work for political movements.

Famous people can get much more exposure for their political views, so lets include in the amendment that people in the entertainment industry should either not be allowed to participate in the political system at all or they should have an income cap under $100,000.

Also include in the amendment that the flat earth society and the KKK deserve federal funds equivelent to the Republican candidate and the Democrat candidate. Since support for the ideas of the Flat earth society are so broad, lets give them equal tax payer money to run campaigns.

If you get your way, everybody will have enforced equality, no private sector and elections will be a decision between who in the government has used a bigger carrot or stick against you to divide up the spoils of an all powerful "1984" style government.

If you want to decrease the incentive for the rich to invest in politics, then decrease the size and influence of government and they will have no need to pay the protection money that you advocate.

Our founding fathers anticipated this kind of meddling and thats why they made it hard for you to mess with the constitution.

Pick one of the 50 states, go there and install your utopian ideas. When that government turns into a paradise of campaign finance reform and economic equality, people will rush to be a part of it or the other 49 will imitate it. Until then, leave the constitution alone.

I guess an ammendment of this type worries me. You're basically limiting part of the right to free speech and you're doing it by addressing the most important part of free expression from a constitutional standpoint -- the right to express an opinion about politics.

And really, it gets to the heart of the issue -- why don't I have the right to spend a billion dollars saying that John McCain is an idiot if that's what I believe?

thosethingswesay.blogspot.com

~

Wow! Another pressing question on the 5th Anniversary of the illegal US invasion of Iraq is....Why Not Amend the Constitution?

A constitutional amendment campaign would of course be a lot of work to organize etc.

Are you going to expect others to do it for you or are you going to find the time to do it.

~OGD~

ps: I think it's high time a go out and watch my plum tree bloom.

Uh.. you don't need a constitutional amendement to get around Buckley. You need amendments to the laws governing Television licenses requiring that stations give free airtime to candidates. 9/10th of the money goes to television. There goes your "giving a bunch of money to media moguls" problem with public financing.

Public financing doesn't have to mean a pile of money. It can mean vouchers that have financial worth guaranteed by the public. Not the same thing at all, particularly when you are talking about tv ads.

4th anniversary

Pick one of the 50 states, go there and install your utopian ideas. When that government turns into a paradise of campaign finance reform and economic equality, people will rush to be a part of it or the other 49 will imitate it. Until then, leave the constitution alone.

While I agree that Faux has a lot of utopian ideas, our state governments are largely held to the same standards as the federal government when it comes to the Bill of Rights. That is what the 14th Amendment accomplished.

Good point Reece. I was refering more loosly to the other implications of a massive reworking of not just the federal government but the foundation of our government. The concept of decentralized government allows for many states to experiment and find solutions that like memes can mutate, grow, regenerate or fail for lack of success. A competition of ideas.

You are right to point out the limits of the argument with regard to political speech.

I would make a condition of having a broadcast licence to donate some advertising time to candidates. One provision would be that a candidate attacked by large media buys (or mass mailings) by otherwise unregulated entities -- 527s? -- would have right to such a time, or subsidized mass mailing.

Another provision I would like to introduce would be to subtract one vote for every 1000 dollars spend by a candidate or aligned political organizations (I would peg the precise amount to the minimum wage).

I agree with the suggestion that it would be easier to alter the Fairness Doctrine. If airtime is made available at no cost it reduces the effect of money.

Defining "speech" is always going to be hard, and amending the Constitution to exclude money as speech would likely invite another avenue. Instead of restricting what speech is, make it easier to speak.

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