The Loophole and the Flaw
July 03, 2008 01:58 p.m. by Japhet Els
For the last week we've received some interesting emails and comments from our members about Change Congress's stance on Obama's decision to opt out of public financing. Our basic response is one echoed by some' pundits and those working in the reform movement over the last two decades. It's a tough situation for any candidate to be in. The current public finance system is a mess and desperately needs to be overhauled.
Public financing is only one piece of the overall campaign reform puzzle, yet, a vital one. The recent dancing around public funding by McCain and Obama is a situation that no candidate should have to be in -- choosing between a broken system that could cost them the election while gaining positive press or being called a "flip flopper" for opting out of that same broken system.
The current public financing system fails to address major loopholes abused by both parties over the past twenty years. Until this needed reform happens, we're foolish to think that any candidates able to raise more on their own would ever opt-in to a broken system that could end up costing them a victory down the line.
The Big Loophole - the explosion of 527 groups over the past ten years has given rise to the nastiest negative campaigning we have seen in our time. On both sides of the aisle 527 groups have made it their raison d'etre to challenge and accuse candidates not in line with their political ideals, launching powerful, well-funded attacks that can single-handedly change the outcome of an election. While many of these groups do not (and indeed by law cannot) work with or coordinate with a campaign, they are often ideologically aligned with one candidate and are often staffed with members of the same political party
The Big Flaw - the $84 million that public financing offers is not enough to run a presidential campaign in this economy. The problem is not that there is too much money in politics, rather that there is too much of the wrong kind of money in politics -- money from lobbyists and PAC organizations, people who expect favors later on. If we want a public financing system to be legitimate we have to honestly address the shortfalls that this sum of money leaves in its wake; the cost of national advertising on television, radio and internet being a major one. Or the cost of employing a national grassroots staff working in every state in the country. The public financing offer from the government should be realistic compared with the costs of a presidential campaign. If we want candidates to buy into the system, make them a decent offer. They aren't going to accept a used Chevy Malibu when they can buy a new Ferrari with their own money.
Pundits on the right say Obama is a hypocrite, given his pledge to accept public funding earlier in the campaign and then recently deciding not to. Both candidates could be called as such. McCain gladly accepted public financing during the Republican primaries when he was losing and broke, and then petitioned the Federal Election Commission to opt back out when he was winning and wealthy (and now he's opting back IN). Neither are wrong, they are simply doing the expected political shifting based on our broken system.
I can't wait for the day when a well-crafted, mutually agreed-upon, public financing system is finally ready to be implemented. But that day will come only after enough of us stand up to change that system by making it possible for politicians who fight for issues like public financing to win office and take this change to Washington. Change Congress is about working with you and other organizations dedicated to reforming this system from the inside out. The current system isn't working for the people, so it must be changed by the people from the bottom up. You can help, be a part of our movement, help us re-build this broken system. Join us! Its only our government if we work to reclaim it.
The current public financing system fails to address major loopholes abused by both parties over the past twenty years. Until this needed reform happens, we're foolish to think that any candidates able to raise more on their own would ever opt-in to a broken system that could end up costing them a victory down the line.
The Big Loophole - the explosion of 527 groups over the past ten years has given rise to the nastiest negative campaigning we have seen in our time. On both sides of the aisle 527 groups have made it their raison d'etre to challenge and accuse candidates not in line with their political ideals, launching powerful, well-funded attacks that can single-handedly change the outcome of an election. While many of these groups do not (and indeed by law cannot) work with or coordinate with a campaign, they are often ideologically aligned with one candidate and are often staffed with members of the same political party
The Big Flaw - the $84 million that public financing offers is not enough to run a presidential campaign in this economy. The problem is not that there is too much money in politics, rather that there is too much of the wrong kind of money in politics -- money from lobbyists and PAC organizations, people who expect favors later on. If we want a public financing system to be legitimate we have to honestly address the shortfalls that this sum of money leaves in its wake; the cost of national advertising on television, radio and internet being a major one. Or the cost of employing a national grassroots staff working in every state in the country. The public financing offer from the government should be realistic compared with the costs of a presidential campaign. If we want candidates to buy into the system, make them a decent offer. They aren't going to accept a used Chevy Malibu when they can buy a new Ferrari with their own money.
Pundits on the right say Obama is a hypocrite, given his pledge to accept public funding earlier in the campaign and then recently deciding not to. Both candidates could be called as such. McCain gladly accepted public financing during the Republican primaries when he was losing and broke, and then petitioned the Federal Election Commission to opt back out when he was winning and wealthy (and now he's opting back IN). Neither are wrong, they are simply doing the expected political shifting based on our broken system.
I can't wait for the day when a well-crafted, mutually agreed-upon, public financing system is finally ready to be implemented. But that day will come only after enough of us stand up to change that system by making it possible for politicians who fight for issues like public financing to win office and take this change to Washington. Change Congress is about working with you and other organizations dedicated to reforming this system from the inside out. The current system isn't working for the people, so it must be changed by the people from the bottom up. You can help, be a part of our movement, help us re-build this broken system. Join us! Its only our government if we work to reclaim it.
Comments (18)
Reinstating equal time rules and reasonable tests about slander and defamation would also make powerfully positive contributions. I don't understand why the election reform movements have not taken up these reforms as essential.
I have spoken with a few people about these process issues and the reaction has been a lukewarm, "ehh." That's not necessarily a bad thing, but let's be honest, it's hard to have parades and fireworks over congressional earmarks. So perhaps we shouldn't expect our work to be exciting, but rather understand that this is going to long, slow, and perhaps really boring, slog.
My question: how are people speaking with strangers about the Change Congress idea? That is, how do we keep this issue relevant to people's lives and avoid the intellectual/abstractness? I would love to see a video howto!
COMMENT: Why isn't "too much money" a problem? Is more expensive better? I would say that "too much" is not the BIGGEST problem. To me, THE problem is too much BIG money from lobbyists and PACs that represent narrow interests that will profit at the expense of the common good. The growing income gap evidences the success of narrow interests in shifting costs downward while shifting benefits upwards. (for example, tax structure, market "regulation," punitive damage limits)
QUOTE: "If we want candidates to buy into the system, make them a decent offer. They aren't going to accept a used Chevy Malibu when they can buy a new Ferrari with their own money."
COMMENT: Again, why is more expensive better? If something has to be offered to candidates, it is tools that make democracy work, not hollow symbols of affluence.
As for tools, we already have freedom of association, freedom of speech, and the franchise.
We are naive to think that candidates who make it because of lots of money will change the system...We must demand change from all candidates.
"Political speech could be offered to candidates for free. That one, simple change would radically alter the democratic debate."
As far as I know, everyone is guaranteed free political speech by the First Amendment.
That said, there's nothing in the amendment that the propagation and transmission of that speech must be paid for by others. You can stand on a street corner and campaign all you want or freely contract with a broadcaster for air time, but neither the broadcaster's nor the taxpayers' pockets owe you any favors.
I can't think of a good reason why any candidate should have the "right" to taxpayer funding.
As citizens, we should invest some of our money to a wide array of candidates, because again, it is in our interest to have the information necessary to make a rational vote.
As long as we do not turn to public financing, we are a nation run by the wealthy minority.
-- an interested, but not economically savvy citizen.
The Democrats do not want oil regulated - they voted against the Bill to penalized Oil Companies - why? They got stock in Oil AND THE DIRT GOES DEEPER. The gas prices are high due to democratic greed... Viciously trying to push everything on the Bush Administration..I am glad President Bush is using his veto pen..
No Presidential campaign should cost 1.8 Billion dollars and counting...lastest poll. Our taxes will skyrocket if the Democrats get in...that's alot of beds their sleeping in...In addition, this talk about Universal Health Care, millions of more jobs will be lost to government control, again, this is the Democrats. The primary people who will benefit from that are the recent to date 35 million illegal immigrants living in this country on a free ticket..
We need to close our borders up and have strict employee rules inforced, and send them back. No one should be here illegally without documentation. Illegal Aliens are costing us $338.3 Billion dollars a year...in Sex Crimes, they send back $45Billion in remittances to their own countries of origin - During the year of 2005 10 Million illegal aliens crossed our Southern Borders illegal aliens from Terrorist Countires, Million of pounds of drugs, cocaine, meth, heroin and marijuana, crossed into the US from the Southern border- Crime rate two and half times that of white non-illegal aliens..their children making additional crime problems in the US. $90 Billion Dollars a year is spent on illegal aliens for Welfare & social services by the American taxpayers - 30% of all federal prison inmates are illegal aliens..more taxes for the American people..- $3 Million dollars a day is spent to incarcerate illegal aliens - $17 Billion dollars a year and growing is spent for education for the American-born children of illegal aliens, known as anchor babies - $12 Billion dollars a year is spent on illegal aliens who cannot speak a word of English and more billions on welfare...food assistance programs, WIC, free schools and lunches and the topper they get free credit cards for GAS!!!
I have been hammered with the propaganda that it is the Iraq war that is bankrupting us...I find that to be ridiculous. Keeping our Homeland Security safe is Priceless.
And Now the Democratic party wants to five us Obama - A racist black Muslim - who wrote two books both are Anti-American - No church that I ever attended EVER spoke about blacks the way Obama's Trinity Church as talked down about whites and Hillary - NO CHURCH OF GOD EVER SAID GOD DAM AMERICA AND HATED BLACKS. He lied to us from the beginning and attended a church for over 17 years you know there is more on their agenda..
A CHURCH OF GOD IS FOR ALL RACES.
Obama's lies keep coming...Obama does not respect our flag or anthem- gee I wonder why... what kind of message does that send to the American people and are Troops fighting in Iraq. This guy is an excellent orator - you do not get those skills overnight - this guy has been planted all along...he also has divided the races like never before...I recently received an email that said " Independence Day WHITE party"...
The Buzz is Democratic Racist Black Party. It is pretty simple, the facts are there, open your eyes and ears... If you want to do something JAPHET, WORK ON CLOSING THE BORDERS UP...MAKE YOURSELF USEFUL - THUMPS DOWN ON YOUR BLOG. YOU TOO WANT MONEY FOR NOTHING.
ATTENDING A BLACK RACIST CHURCH FOR OVER 17 YEARS is BAD ENOUGH, THEN WE FIND OUT OBAMA'S BACKING MONEY COMES FROM IRAQ BILLIONAIRES, TRAITORS AND FIXERS. HE IS A DIRTY CORRUPTED POLITICIAN FROM CHICAGO - This guy as been working on the other side...a plant...even his last public news coverage he slipped and said he was going to campaign in 57 states...lets see there are 57 Islamic states...more slipping of the tongue - You don't go from Junior Senator-no expericene to overnight presidential nominee without corruption...This guy is scary to say the least...I am lucky if I have CHANGE in my POCKET left when the Democrats are thru...MY VOTE IS FOR MCCAIN...we know where he stands...MCCAIN KNOWS WHAT THE AMERICAN FLAG STANDS FOR...VOTE MCCAIN...
Judging by the comments here, I think it would be good for Lessig the "theory of change" that will shape Change Congress strategy.
For example, Dennis Kucinich could have all the righteous positions, but affect no change.
The path of greatest progress in the least amount of time, many would likely consider a cop out, because it probably wouldn't be going for the jackpot on the first pass.
This is something potential supporters would have to understand.
Another issue - I am Canadian and I believe that American politics affects other countries. Don't believe me? What about Iraq? Let's talk about El Salvador, and there are loads and loads more. If you affect other countries then it seems that there ought to be some mechanism for the people of other countries to have some say in who gets to make those decisions. What I'm saying is that American politics has grown to such a scale that it is global politics. Somehow this will yet (not necessarily right now) have to be factored into the mix. (I'll mention it now in order to start building awareness).
Perceptions globally do not favour Americans at the moment and a great deal of that is your politics. It has to change.
Item #1: Obama did not "pledge" to accept public financing. He said he would be open to it after a discussion with the then unknown GOP candidate. He had that discussion with the eventual GOP nominee, John McCain, and after that, he opted not to take public financing.
Item #2: McCain accepted public financing for the primary. As a result of his being approved, he received benefits: a) a loan was given to him on the basis of this and was to be paid back from the proceeds when he received the public finance monies; and b) he received automatic ballot access in several states where he would have had to do other things instead if he had opted out. He then won the nomination and money started rolling in. He sent a letter to the FEC - which was not operational at the time due to shenanigans by Bush - and the chair of the FEC sent him a letter back stating that because he had already received benefits at that time he COULD NOT OPT OUT. Therefore, every dollar he spent since that day has been in violation of campaign finance laws! He continues to spend money in violation every single day and will continue to do so up until the Republican Convention. A number of organizations have filed lawsuits against him with the FEC in an attempt to get McCain punished for VIOLATIONS OF THE MCCAIN-FEINGOLD CAMPAIGN FINANCE LAW.
This is one big reason why Obama opted out. McCain is breaking the law already. He cannot go back and 'undo' his opt-in since he benefitted from accepting public monies. That is the law.
Please report the truth if you are going to do this - and please do not write using the same media spin and misinformation that is a huge reason why people in this country are so ill-informed.
In order to Change Congress, you MUST give accurate and correct information to the people you are trying to reach!! Nothing less will suffice.
I think the article is a little unspecific as to the details, but is otherwise correct. But far be it for anyone to suggest that "your" candidate's opponent is not errant in his choice, regardless of the fact that the same is said for "your" candidate.
Actionable Suggestion:
When discussing law and politics on Change Congress's Blog, don't think in terms of Red vs Blue.
Think in terms of Alignment Unknown Party 1 and Alignment Unknown Party 2, or Alignment Unknown Candidate 1 and Alignment Unknown Candidate 2. Perhaps even allow for some 3's and 4's, since our purpose here is a perfect system, after all.
We don't need to know political alignments in order to fix Congress, in fact, when Congress is fixed, our government should be politically agnostic. Anyone who is eligible, willing, and able to govern by the will of the people and for the people should be equally able "to petition the people for a government appointment" (run for office in an election) in a perfect democratic-republic.
Take Away:
Since political alignment is completely irrelevant, if you want your voice heard (rather than just outright ignored) do NOT defend/attack a political party or candidate, especially with partisan-rhetoric-laced comments on change-congress.org.