Campaign Finance Reform – A Primer
All attempts at Campaign Finance Reform in these United States have failed. ALL. Every single one of them.
If that sounds like exaggeration, just consider that attempts to limit the influence of money in politics is typically taught in history or civics classes as beginning (in earnest) shortly after the presidency of Andrew Jackson, the pro-slavery founder of the Democratic party whose administration ultimately produced the political “spoils system.” That would put us back to the mid- to late- 1830’s. Good ol’ “Honest Abe” himself was bankrupted trying to personally finance his first Senatorial campaign in 1858, so he had to rely upon businessman from Philadelphia and New York to finance his Presidential campaign in 1860. According to some historians, however, money was in politics from the beginning of the Republic.
In the United States, concerns over financing campaigns for public office have been around since before the writing of the Constitution. Candidates traded influence, power, and gifts, for constituents’ money and votes even before the dawn of the Republic. George Washington – later President, but at the time, a candidate for the Virginia House of Burgesses – bestowed upon the 391 voters in his district the “customary means” of winning votes: “28 gallons of rum, 50 gallons of rum punch, 34 gallons of wine, 46 gallons of beer, and 2 gallons of cider royal.” James Madison lost his reelection campaign to the Virginia legislature 20 years later because he refused to provide voters with the customary whiskey.
Gardner and Charles, “Election Law in the American Political System,” p. 637.
In 1867, just two years after the Civil War, the first legislative attempt at campaign finance reform appeared in a Naval Appropriations bill. It forbade government officials from soliciting (i.e. “shaking down”) Navy Yard workers for money to finance the ruling party’s election campaigns. This had become a routine practice in prior years. So routine was it that federal employees would have some portion of their pay directly “assessed” by the government to the Party’s re-election fund. The protections of the 1867 Navy yard workers were eventually extended to all civil service workers… (But not the rest of us, evidently.) The Presidential campaign of 1896 was so openly a case of dueling donors obtaining political promises from each Parties’ respectively well-financed candidates – William Jennings Bryan for Team Blue and William McKinley for Team Red – that the public began yelling for campaign finance reform… and here we are 120 years later. This brief timeline of attempts at reform shows just how fruitless they all have been.
Modern, seemingly sophisticated attempts at campaign finance reform, by people from both political parties in Congress, have ultimately been set aside by Supreme Court decisions. While it may be unpalatable or politically inexpedient to say this, the Supreme Court’s rulings in these cases are very solid reads of the First Amendment… proving yet again the old adage that “sometimes even a blind squirrel finds a nut” or that “even a broken clock is right twice a day.” Lawsuits by public interest groups have ultimately failed to produce anything even close to a good result. Now the public feels so desperate for something to happen that they’ll embrace even nonsensical calls for reform by (of all people!!) Hilary Clinton. The much-ballyhooed, and almost totally misunderstood, case of Citizens United, 558 U.S. 310 (210) was about a non-profit movie company that made a film about then Senator Clinton. The Federal Election Commission agreed that the movie would be subject to a federal campaign finance law that would have imposed criminal and civil penalties on the movie company. That is to say, the law as it was made it a crime for a collection of people – using a corporate form – from expressing their political opinions, quintessential First Amendment conduct. Hard to imagine that the words “Congress shall make NO LAW” are ambiguous, but here we are, with a mountain of laws collectively regarding each and every one of the subjects specifically listed as exempt from regulation in the First Amendment.
Understanding How the (Legislative) Sausage Gets Made
To understand why campaign finance reform doesn’t work – and what simple fix would work – you have to understand some basic economics around how the political sausage gets made, so to speak.
First, you must know what politicians all know: there has only been one time in the last 42 years that the rate of re-election for Congressional incumbents dipped below 90% – that was 1974, when it was only 89.7%, a rounding of tenths away from being 90%. Muse on that for minute – Congress has had historically bad approval ratings – like below 20%, for decades, by any polling company. Everyone thinks Congress sucks; yet Congressional incumbents get re-elected over 90% of the time. It’s a near-certainty. Many people have speculated or offered reasoned opinions about this phenomenon, but I don’t really care about the “why” because the mere statistical truth of it is all that matters for my argument.
Second, we must make the rather short “hop” of faith and assume that politicians are at least as self-interested as the rest of us… one might humbly suggest that they are (perhaps) even a bit more self-interested than the rest of us, or make the claim that the job attracts the type, but I don’t need to prove that as crucial to my theory. Suffice it that my claim rests on what I believe to be a rather well-observed phenomenon about the self-interest of politicians. Lord Acton wrote an entire tract explaining this, but unfortunately no one reads it and all that we remember (if at all) is this quote: “Power corrupts, and absolute power corrupts absolutely.” My own observation from many years of government service and being an American is simply that the government does not choose its prospective employees from some magical pool of magnanimous, morally benevolent, and personally-disinterested human beings. If you think I am incorrect, you’ve obviously never been to the Department of Motor Vehicles to register your car, or change the title, or correct a typo on a Vehicle Identification Number (VIN). Try to manage that over your lunch break and let me know how it goes; and ask yourself about how good the customer service is while you’re there.
The Currency of the Politician is Law – Legislation For Some and Against Others
To the above facts we have to add some economics. In my opinion, the best way to begin to understand this is to ask a very simple question: if you were a legislator looking to raise some cash, what would you have to sell? (Think about it seriously for a moment).
ANS: Legislation. i.e. Laws.
Legislation is the only thing that a lawmaker can offer any prospective “buyer.” It is the medium of exchange (i.e. the currency) of the political class and a specific instance of the more general “Law of the Instrument.”* In return for a piece of favorable legislation, or a clause in the next omnibus bill – or exemption from cuts or regulation – political donors deposit sums into re-elections campaigns, or exchange different favors with lobbyists – the “middlemen” of the entire Money-for-Favor-for-Reelection Triangle.
If this seems unduly cynical, it shouldn’t be. If you have a friend who is a cop, who hasn’t heard of, or considered, asking him or her to “look into” a ticket…? Now magnify that onto a scale where instead of your hundred-fifty bucks plus court costs being at stake, it’s someone else’s multi-million dollar, multinational business and a piece of legislation that would ensure government contracts flowing that direction for the next 10 years. Or a promise to keep government regulators out of your business for at least your friendly Senator’s next 6 years of office. If all of this seems speculative or just too much to swallow at once, consider this quote right from the horse’s mouth, as it were:
You send us to Congress; we pass laws under which you make money…and out of your profits, you further contribute to our campaign funds to send us back again to pass more laws to enable you to make more money.
— Senator Boies Penrose, (R, PA) 1896 (quoted in Id., Gardner and Charles, p. 638.)
I always hear people complain about the influence of “corporate money” in politics and yet no one ever seems to consider that if their Senator wasn’t offering legislation for sale, the corporation wouldn’t be able to make a purchase. And it is in no way solely corporations buying-off politicians. Unions are at least as powerful and well-off as any corporation and billionaires with agendas sit on both the left and the right of the political spectrum. In fact, if we’re dealing in generalities, it is worth wondering: if corporations are filled with greedy, capital-obsessed Scrooges, why would any of those money-grubbers ever voluntarily give their money to a politician in the first place? To ask the question is to destroy the premise.
When you’re starting a company in your garage you don’t start by setting aside your political lobbying budget, then make whatever widget, software, computer, or other item that is the money-making aspect of your new venture. You first have to make something that a large enough number of people are willing to voluntarily pay you such that you have a growing enterprise, be it a successful song, an iPhone, the personal computer, or a rubber tire. Legislators don’t enter your mind until well down the road in the business cycle. Thus, perhaps it is enough to agree that legislators aren’t the unfortunate victims of a “system” that is foisted upon them. What Senators and Congressman do to fill the coffers of their re-elections campaigns is a perfectly natural, foreseeable byproduct of the funding of the political system.
Part Two explains how it works in greater detail.
You will never find a more wretched hive of scum and villainy …
limit the influence of money in politics is a silly idea. if government has money, money and politics are intertwined. It may be bribes, campaign finance, revolving door, or a child hired by a company for way to much. It may be many things. As long as government has power, the power hungry will find ways to get there. And no human made legislation will stop that.
I think most of those vapid autobiographical books that politicians write are just part of a backdoor political donation process. Companies can buy them by the truckload, and it doesn’t have to be reported as a political donation since it’s just purchasing a product. The companies can say it’s for “leadership training” or some shit like that.
Well written. I am in general against all campaign finance reform, because there is no way in hell a Congress critter is going to vote to make it harder to get themselves re-elected. And thus we are fucked.
As always Ozzy, Very well done.
I have my doubts about keeping money out of congress without taking the power away from them. If Congress had no power to sell then it would be far less money in politics. My biggest complaint about Term Limits is that rather than having congressmen elected, you will get an even more entrenched bureaucratic class operating the machinery of congress.
That’s true too.
I’m so selfish and don’t mind it when my guy is reelected a bunch.
Not that that’s a good argued.
…you will get an even more entrenched bureaucratic class operating the machinery of congress.
Totally agree. Until that is addressed, the rest is almost meaningless.
However… when the new Senators and Congress critters arrive every few years, they are new to the culture. They don’t owe the bureaucrats a whole bunch of favors. When some asshole for State or Commerce tells them how to vote, the reaction would hopefully be: “fuck off” instead of “okay, I owed you a favor, now you owe me one.”
Sure, but i’m not talking about Executive departments. I’m talking about Congressional Staffers.
New members are more likely to treat them like the errand-boys they are, or fire and replace the assholes if they get uppity.
Somewhat relevant: https://www.youtube.com/watch?v=gmOvEwtDycs
Yes Minister/Prime Minister is right up there with Schoolhouse Rock in how government works.
But it’s never presented that way. Their staff doesn’t tell them this is how the official must vote, they present backgrounders and explanatory material that leads a certain outcome that the principal leads themselves to. Don’t you know how to bureaucrat?
Leon – None of us, not I, not you, not anyone, really knows what the “unintended consequences” would be of Term Limits for Congress. For example, it might mean less power to the bureaucracy over time if the Congress-critters are no longer in thrall to the AFGE and other public sector unions. Then again, it could wind up meaning more for some of the reasons you hypothesize. What I do know is that the general consensus for Amending the Constitution for the Presidency was that he might become “entrenched” in power and we’d wind up with a Tyrant. Given that leaders in both the Senate and House are in the line of succession for the Presidency, I’m uncertain as to why the logic doesn’t naturally extend to them. Given what we now know about their influence – including advice and consent on Supreme Court justices – again, why doesn’t the same logic apply to people who actually write the laws? Arguably the President is only the person executing the laws… perhaps Hamilton had wrong who the least dangerous branch is now that the Presidency has been curtailed to two terms?
I certainly agree that we don’t know what will happen. And i certainly have felt the need for term limits in the past. I also don’t like Senators like the former Senator Hatch, spending two careers worth of time in office. I look forward to the rest of your argument, and perhaps you will change my mind that it will be a net benefit.
However, as a (in my opinion pretty poor) example of what could happen with Term Limits, we could look at the current presidency and see how it is fraught with the President being unable to shape his own policy because of Bureaucrats, Diplomats and Officials who are “kicking against the pricks” so to speak.
Wouldn’t that be awesome? Purges and counter-purges, weeping civil servants who got punted from office before they got max bennies…
The federal government should be a court system and a place to pick who we want to go to war with. And that’s it.
Most problems solved!
Kritarchy and one man deciding who to nuke?
Similar: If the USG were as small as it should be, few would want to be its president.
Unrelated: Term limits> it makes more sense to abolish voting than it does to tell someone they can’t vote from whom they please. One might not like other representatives, but it’s really nobody’s business. One should focus on tossing their own reps if this vector is so important to them.
I can’t vote for who I please. They don’t bother to count write-ins.
Yeah…but…on the other hand, because of the nature of the federal government my representatives in MD have a direct hand in passing laws that affect you in TN. If fine folks like Steny Hoyer stuck to issues mainly affecting southern MD only, it would be one thing, but that’s not the case. To that extent, I think it does become your business.
I know what you mean, but if you don’t enjoy the consequences of my chosen representatives, maybe you’d let me out of this republic thingy. please? For my part, I am committed to it’s leaving MD to its own devices.
Well, there’s also no guarantee that the same idiots who elected a terrible representative wouldn’t just elect a series of terrible representatives under term limits. A lot of the problems with term limits would be obviated by a federal government that was strictly limited in scope, but here we are.
absolutely!
I wrote the exact same thing 20 minutes ago
Counterpoint:
Just because the next guy is as big of an asshole as the current guy does not mean they will be as effective at implementing their assholery. It takes time to build a power base, and if you can’t contribute to a re-election campaign (because they can’t be re-elected) that does cut down on the opportunities for graft.
A single asshole in office for eight years can do more damage than four assholes serving two years each.
Woof. Here’s some edits.
*problems with AND/OR solved by term limits
Also, for an example of the idiot electorate scenario I humbly offer Baltimore as an example, although most major metros would serve just as well.
Well, you can do no worse than the fighting TN09! I am represented by three of the larger morons on the continent.
Don at least you don’t have Massachusetts 3rd Senator…
Ranked choice voting with a binding “none of the above” option.
Always the fucking cliffhanger with you 😉
Thanks, Ozy! Looking forward to the next installment!
But this isn’t even the same Oz time! How will we know when the next installment is?
You’ll look at the “Publishing Soon” notification in your wordpress login? I presume you’ve submitted stuff here and have that coveted title?
Well, that bat joke flopped.
Ooh, no, it’s good, but I think maybe too subtle for this medium. But solid.
Might be a bit of an oversimplification. My ultra corrupt senior senator, Bob Menendez, sells his influence for contributions and payola. That often means he’ll lean on Federal bureaucrats for his pals. The bureaucrats will usually do his favors in part because he is in the Senate and can mess with their budget. But also because those kinds of favors are how shit (and I do mean shit) gets done in DC.
Hey now, our mutual senator was “severely admonished” by the United States Senate Select Committee on Ethics.
That’s gotta hurt…
Yeah, I use examples above and below that line that contradict it. I didn’t make the point the way I wanted to make it. Noted. I’ll fix that in re-writes.
Thanks.
Meh. I think even helping or smoothing out a path for selective “Enforcement” of the law is in part of the selling the legislation. I didn’t see it as contradictory.
That is to say, the law as it was made it a crime for a collection of people – using a corporate form – from expressing their political opinions, quintessential First Amendment conduct.
It might almost be worth it, if we could also muzzle the New York Times and Washington Post.
My biggest complaint about Term Limits is that rather than having congressmen elected, you will get an even more entrenched bureaucratic class operating the machinery of congress.
I remember Bill Clinton making that point in an interview, a long time ago.
I think I’d be willing to risk it. Of course, if those bureaucrats were at will employees, it would be a lot easier to jerk their chains when they got too uppity.
And an entirely new Congress would be far more likely to set them back to at-will employee status.
I think I’d be willing to risk it
For sure it’s not an end all be all, and there are ways to work around it. I just wanted to point it out.
Seen it at the state level. The civil service is permanent. The staffers are permanent. They lead the new legislators around by the nose.
Even the lobbyists are permanent. Most really don’t give two shits about the companies they work for or purportedly represent. They are personally invested in creating as much need for more lobbyists and future lobbying as possible. They move from legislative staff to trade groups to companies and back.
But “the civil service is permanent” isn’t a direct answer to “Term Limits.” I would argue that it is its own, separate problem that needs to be fixed, as well. Should fixing the problem of politicians being bought off be dealt with as its own thing, or curtailed because we also have AFGE buying off politicians and getting to be an entrenched bureaucracy?
This seems like the debate about immigration and the welfare system: shouldn’t we take fixes to either one, as long as we both agree which direction the needle needs to be moving? Or are the people correct who say, “first reduce welfare, THEN we can talk about immigration?”
Thats a fair way of putting it IMO. I guess my question would be then, what is the goal of Term Limits that isn’t undercut by the fact that the bureaucracy is too big. In other words Yes i’m in favor of both Term Limits and Smaller bureaucracy, but I’m unsure of the benefits of Term Limits sans the limitation on civil service.
I believe that bureaucracy “grows” proportionately to increased legislation and regulation. I can’t imagine that’s a controversial notion.
I also think that both the existing bureaucracy and legislation both have to be pared back, but I’d like to at least stop the bleeding while we figure out how to get rid of existing entrenched bureaucracy. The only way I know of to limit more legislation is by undercutting the economics that feeds that system.
That’s the short form of my argument, I suppose.
I believe that bureaucracy “grows” proportionately to increased legislation and regulation. I can’t imagine that’s a controversial notion.
Makes sense to me.
The only way I know of to limit more legislation is by undercutting the economics that feeds that system.
Fair enough, and its far more likely to happen than a sudden return to Articles of Confederation levels of power wielded by congress.
I look forward to the rest of your argument.
IOW, I’ll concede the entrenched bureaucracy, but I don’t see it as undercutting my argument for term limits. Yes, there are waaaayyyyy too many gov-o-crats. But how did we get that many in the first instance? A vast array of laws passed by Congress.
Me: Okay, well, the ship is fucking leaking, so I say that we at least plug the hole while we also figure out how to put out the fires in the engine room, and then get the electrical up to get the bilges running. But let’s at least agree to plug the hole.
I always felt if a politician couldn’t steal enough in two terms he/she was too damned dumb and should be dumped on that premise alone.
Good afternoon all,
In the spirit of offering inks to music videos, I give you two covers of MeghanTrainor’s “All About that Bass”(both are a bit racy in that the female performers are wearing snug outfits and, ahem, they are well endowed, yet I think that the videos are safe for viewing at work).
First: All About that Base (No Rebels)
Oops: All About that Base (No Rebels)
Here is the second cover: <a href="https://www.youtube.com/watch?v=aLnZ1NQm2uk" All About that Bass by Post Modern Jukebox
messed that up. I like the PMJ version. The star wars is meh.
Also there is all about that paste
“Also there is all about that paste”
Indeed, Pie.
In my hast to comment I was “All about that paste, so reckless”.
Tasty.
mmmm….Morgan James.
also those 3 are like 10 times hotter than the original
Even a blind squirrel can find a nut twice a day, and while you can lead a horse to water, you can’t make him make a silk purse out of a pig in a briar patch.
The only way to get money out of politics is to make politicians not worth buying.
Since this involves making them less powerful, this will never even be suggested, much less acted upon. Therefore any politician who claims to want to get money out of politics is a nincompoop at best.
you just don’t believe in the life changing magic of making government perfect.
They all want to hold on to the job like a pope.
Think of all the money we’d save by not holding elections! And by doing away with them, we’d prevent the Roosians from interfering with them!
Never lick a gift horse in the mouth.
You can’t lead a cake to water and eat it too.
“The only way to get money out of politics is to make politicians not worth buying.”
^^^^THIS^^^^
“The only way to get money out of politics is to make politicians not worth buying”
A Catholic priest once looked me in the eye and said, “You’ll always find whores wherever there are whore mongers and vice-versa”
We are inching closer and closer to 20 Minutes into the Future when elections are determined by television ratings.
Oh, so 1960 and later.
Nope, 1987-1988.
I’m still really surprised that ever made it onto the air to begin with.
Why would you reference something no one ever watched when clearly real life already picks presidents via TV ratings, starting with the 1960 election.
No one ever watched?
/touches his external HD with all the episodes on it.
In Max Headroom, the TV networks were in charge and government was subservient to the networks.
In 2019, the TV networks are subservient to the Democratic and Republican Party.
There is a difference.
I didn’t think it was that obscure.
20 minutes into the future, it’s 3 a.m., and the audiences are building for the 9 o’clock autocount for the telelection primary – the candidate associated with the Network that has the highest ratings at that time is the winner.
Hong Kong protestors getting a free train ride to the mainland.
train tickets can be expensive these days, especially high speed.
Well,the train shouldn’t have been speeding if it didn’t want a ticket.
Booo. Booo.
You’ll miss me after I’m run out on a rail.
All aboard the Pun-Runner Express!!
This thread is going to go way off track.
Also, it appears the Chinese government has loco motives.
For the protesters it may be the end of the line.
You know Swiss is gonna come chugging in here and give ya a narrowed gaze, right?
We really should learn to conduct ourselves.
The great thing about you guys is you’re not afraid to touch the third rail.
Unfortunately, sooner or later these pun threads run out of steam.
I bet they got one-way tickets.
But think how cheap organ transplants will be now.
Western elites must be relieved
Well, they aren’t going to be seen again.
We are inching closer and closer to 20 Minutes into the Future when elections are determined by television ratings.
Vote-by-text. Early and often. Just like American Idol.
*I assume that’s how Idol works. I’ve never seen it.
If you want to limit the extent of money in politics, limit the extent of politics in money.
Simple, straightforward and apparently unachievable.
Term limits sure don’t seem to have helped California.
How do you vote R when there are none on the ballot due to the stupid primary rules in place,
Yeah, that hasn’t worked too well either. It was supposed to pull the primary candidates to the center, but there’s no evidence that it has worked.
Nice article Ozy, I always liked compulsory service for Congress, and even president, every Citizen must serve two years in office, they all pay the same
Term limits were considered essential to ending the power that long-term congresscritters had on house and senate committees.
However, if term limits are instituted, the committees will be headed by charismatic, idiot, new-comers like AOC.
Then the clear answer is to get rid of the authority wielded by such committees.
You’ll forgive if this first piece is really just a teaser. In retrospect, I wrote this for the more “lay” reader and not a bunch of
rabid libertarians,braying shitlords, cynical readers of the Constitution.The devil really is in the details, but I’m going to resist getting into those too much until the second piece is published. I’ll get in the weeds once you all have more detail on the how’s and wherefor’s of my proposals.
I’ve always been amused that the vitriol over Moneyinpolitics is always directed at the influence buyers, not the sellers. If corporations are eveil because they buy cogress critters aren’t the congress critters worse for being willing to sell theselves?
I’m also always amazed at how cheap the critters are. Whenever one is stupid enougn to get caught at some real graft the amount of money involved is always trivial compared to the potential benefit to the buyer.
The ROI on buying critter is stupid high. A few grand or a couple Super Bowl tickets for an assured market/market share? Pish tish.
Somewhat related i saw a Monarchist (?!!?!?!) meme today extoling the virtues of Monarchy because the Monarch doesn’t feel the need to sell his power to dirty buisnesses.
My thought was “Yeah… cause living under an absolute monarch who is beholden to no-one always works out for the people way better”…
Well, only if I’m the Monarch, and no one challenges me.
Let’s be honest, the world would be a vastly better place if everyone would just do what I say.
You’ve earned a spot on the disposition matrix.
+1 harem.
I read in an article in Foreign Policy IIRC years ago with an anecdote in which a goat herder in some backwards country somewhere was once asked whether he wanted democracy or not. He emphatically did not, and his reasoning was that a dictator (or a chieftain, I think in his case) saw his kingdom as his own, personal property and was thus highly motivated to take care of it, whereas a bunch of people elected to government office had no personal stake in the outcome and couldn’t be relied on. Yeah, the dictator might walk around like he owns the place, but he’ll take it very personally if someone were to invade or if the place were to start falling apart.
Here’s the way I’ve always looked at the “money in politics” question:
In corrupt countries, bribery is just how things get done. Everybody gives bribes. If you get in a car accident, the person who gives the cop the bigger bribe will be let off (that’s why dashcams are so popular in Russia). If you’re an average citizen, you’re not going to get any benefit from taking the high road and not giving bribes – you’re just going to get steamrolled by those who do.
It’s kind of like that with businesses in the US. So many industries (especially banking and healthcare) are basically cartelized, and if you want to be in the cartel, you gotta play ball with the government. You can try to do it without
bribescampaign donations, but just like with citizens in corrupt countries, you’re not going to get any benefit from it.As others have already said, the problem lies with the government that has become the god of the marketplace that decides who lives and dies.
tl;dr: People respond to incentives.
All attempts at Campaign Finance Reform in these United States have failed.
I disagree. I think McCain-Feingold has succeeded, probably to a great degree. Of course, I don’t take the stated intentions of the people pushing the legislation at all seriously. Campaign finance laws are intended to wall off the political garden from anyone who is not a well-funded insider.
Modern, seemingly sophisticated attempts at campaign finance reform, by people from both political parties in Congress, have ultimately been set aside by Supreme Court decisions.
I think McCain-Feingold is mostly intact, isn’t it? And we sure have a huge bureaucracy micro-managing (ineptly, but still) campaign finance.
No discussion of campaign finance should proceed without citing the Iron Law:
Money and power will always find each other.
Getting money or the influence of money out of politics is a fools errand. What you will wind up with if you try is what we have – classic barrier-to-entry regulations.
RC – The “mostly” intact thing is the giveaway. It’s been found at least “partially” unconstitutional and I still haven’t gone back to see if some of the rationale upholding parts of McCain-Feingold could honestly survive under the CU decision. Either way, we both know the Supreme Court is just completely fucking wrong on the “well, it’s icky commercial speech, which everyone knows doesn’t really get 1A protection, so it can be regulated.”
if some of the rationale upholding parts of McCain-Feingold could honestly survive under the CU decision
Interesting thought. If I didn’t have a full-time job and wasn’t pretty lazy, that would be interesting to look into.
I completely agree about commercial speech. Its one of my examples when I tell people that the Supreme Court has gone way past “interpreting” the Constitution and has actually amended it, in effect, multiple times.
https://twitter.com/dewybleach/status/1196626567591579648
“the CIA is something that we should all not only cherish, but be saying thank you for every single day.”
This is peak bootlicker.
He must work for the Central Lack of Intelligence Agency.
I bet the CIA just has threatened to kill Pam if he doesn’t do their bidding.
Thank you for:
– Toppling democratically elected governments
– Multiple massive intelligence failures
– Drug trafficking
– Domestic spying
– Lying to Congress
– Extraordinary renditions and torture
– Illegally searching Senate computers
– ad nauseam
Sadly the average conception of the CIA to the average American is…Jack Ryan as played by Billy Balwdin or that schmuck from the Office.
BTW Ozzy. I was too late to comment directly on your Veterans Day article. Great! I’m honored you would share that with us.
While reading it struck me how our strories a kina similar ony a generation off. I’m you Dad’s age. My parents didn’t waste any time starting a family (me) when he got back from the war. He spent the war on merchant ships in the north Atlantc and Pacific. He saw a torpedo pass just in front of the bow. Big worry was over the Liberty ships breaking in half. They were built in two parts with a single weld holding the halves together. He said in storms you could see the bow moving in relation to the bridge. Thanks again fo the great story..
Thank you, Mikey. Glad you liked it.
We’ve found our fall-guys.
The New York Times is reporting that two prison guards have been arrested for failing to check on billionaire pedophile Jeffery Epstein on the night that he was found dead in his cell. Early Tuesday morning, two federal Bureau of Prisons employees were taken into custody. Charges are expected, alleging that they failed in their duty to check on Epstein and fabricated log entries to make it appear that they had. The officers had been placed on administrative leave after Epstein was found dead. The warden of the Metropolitan Correctional Center where the officers were employed was also reassigned.
I’m going to go out on a limb and say that they probably knew that when whoever asked them to be absent asked them to be absent.
All right, if we sacrifice some low level schmucks, will everyone just shut up about this “Epstein didn’t kill himself” stuff?!?!
No. Future generations will joke about Epstein not killing himself, every time somebody names Epstein comes up in conversation. I feel bad for a guy in my office, because he didn’t kill himself either.
A bunch of meme lords ruined it for those two guys. I bet they were promised that this wouldn’t happen.
I would bet they still know nothing even after this.
Ya gotta wonder what their life expectancy is now.
Would we reach peak irony if they both “commit suicide” in jail?
Term Limits
Vince’s first book. Originally self-published. Good story about an unorthodox approach to term limits.
If you take contributions out of politics, then only billionaires will run for president. That gets you Ross Perot and Donald Trump.
While that would be awesome, it might also get us Steyer or Bloomberg.
Correct.
I mentioned that two that have been on the general ballot so far.
I didn’t say I want to take it “completely” out of politics, I’m merely pointing out how the economics works and seeing if we can’t undermine that system. Let’s make politicians less valuable to all entities who would want to buy them off.
In addition, I see no reason why the same justifications that made everyone think amending the Constitution for Presidential Term Limits doesn’t apply with some force – and with some members of Congress with equal force – to Senate and the House. I would also include justices of the Supreme Court, by the way. 20 years. That’s it, fucker. Now either retire or go get a job.
That is accomplished by limiting their power and the power of government in general.
Yeah, unfortunately, our children have been educated in government schools and what do you think the “party line” is about government in government mandated schools?
That’s another long-overdue fix.
I didn’t even take you as saying that we need to stop donations from occurring… we just need to gut the value of what would be purchased.
I am skeptical that term limits would do anything positive. Perhaps if we could overturn J.W. Hampton and Mistretta, and return the legislative power to Congress term limits might be a plus, but as it is term limits would encourage the continued transfer of that power to the bureaucracy via vague legislation couched in generalities and with a broad grant of rule making power to new agencies. Proponents seem to think that limits would get rid of the Pelosis and Schumers, and they might, but they would likely be replaced by Omars and AOCs.
Tundra – See my comments above. I don’t see “entrenched bureaucracy” as a counterargument to my point. Again, I’ll restate it here:
Large bureaucracy didn’t come first. Large bureaucracy is a direct result of more laws and regulations. Agree that we must reduce bureaucracy, but let’s at least plug the hole in the ship and stop taking on water. i.e. reduce the economic incentives for entities to lobby and purchase Congresscritters.
Can we ever get rid of that? Of course not. But we should dis-incentivize it as much as we possibly can.
Gotcha. I was hoping for a solution that involved more fire. And flooding.
Possibly a meteor strike.
NEEDZ MOAR METEOR STRIKESSS!!
Let me be more blunt. I think term limits is an idea on the same level as the civil service system, and likely to be as big a disaster. Term limits would do nothing to limit the influence of crony capitalists over the Congress, instead of future campaign donations they would simply hire ex legislators or fund think tanks to hire said ex legislators. It does not take years of learning the ropes to pass legislation. It takes years of learning the ropes and making connections to get the old guys/gals who run Congress to let you get your bill to the floor. If you institute term limits you eliminate those old guys and gals and thus eliminate one of the roadblocks to revolutionary legislation.
The role of the bureaucracy in this is this: Since the Court has upheld the practice of Congress passing broad brush legislation creating, funding and empowering a bureaucracy to actually promulgate the regulations, there is no need for any trace of experience in getting things done for the legislators themselves. They just have to pass some feel good “Protecting Everyone Decent Online Promoting Help, Implementing Liberty In America” law that creates a 50 Billion budget for the new Ministry of Online Liberty, Education, Safety and and Truth. Evil, corrupt and disgusting as the careerist pols are they are BETTER than new cohorts of true believers would be.
Hey Tundra. Some time ago you linked to a video of Amash and Massey and the buying of committee assignments. I can’t find it. These articles would be a good place for it.
The Swamp.
I’m not sure if the videos are still there because FB.
Here’s that segment
Infuriating.
While we’re fixing shit, we also need to
I’ve got a whole slew of “tweaks” like this for when I become God-Emperor.
Ozymandias, Kwisatz Haderach
The only religious zealots enforcing imperial policy will be my zealots.
How exactly will stigmata work in your religion? Will a driving glove miraculously fill with blood or something?
I am the Base of the Pillar.
I have one I’ve come to like.
The entire text of any bill or regulation, including any text modified by the bill or regulation must be read aloud in each chamber of congress prior to a vote on that version of the text. Any amendments require a re-read of the entirety of the bill or regulation.
It’s a way to prevent an anti omnibus and gets rid of an “all laws on the books are hereby renewed” sunset avoidance.
Amendment 1.1, reading can be performed by a computer reading at 100 words/second.
Why not just read it that fast?
Same difference. People that are in the game to lie, cheat, steal their way to wealth/power are going to pervert the rules.
Or simply ignore them. Anyone who thinks passing a new law will fix any of this is guilty of the exact same fallacy as the anti-gun crowd calling for assault weapon bans. Murder is already illegal. The Constitution already limits Congress to clearly defined areas.
Amendment 1.2; Reading must be read, and/or performed by a KISS tribute band.
(see every firefighters and cops pension compared to the military, which SCOTUS says can’t unionize);
Oh Gosh… Could you imagine a Union run by a bunch of Specialists?
Hey man, I have news for you. The military is petty much run by Specialists. They have their own mafia.
The Dutch military has a union. They can have faddish hairdos.
I think someone else here suggested a supermajority to pass new legislation and a simple majority to revoke existing legislation.
That’s a suggestion from the Moon is a Harsh Mistress, thrown out by the resident anarchist.
Thanks. It popped into my head and I couldn’t recall the source.
Even better if the repeal only requires a 1/3 minority.
I’m open to those kinds of procedural tweaks, but I think (referencing Scruffy’s comment above) what’s really needed is a renaissance in the American spirit of “Fuck you, none of your business. Where’s your warrant?” But, as Fichte told us long ago, you’re not going to get that in government controlled
indoctrinationeducation:Why do you think progs are so venomously against homeschooling/charter schools?
Lack of union dues?
The unions are a means to an end. If/when the progs bring about their utopia, the instant the unions become inconvenient, they will be liquidated.
I used to live on a fairly busy street where a lot of people would get pulled over. It was appalling how many people let the cops search their cars (I’m guessing with no warrant, as I never saw a K-9 there) and pull everything out into the tree lawn.
(b) put an expiration date on every law – like milk. It makes absolutely no sense to treat laws like they are eternal commandments, even by the Progs own logic.
I’d say especially, as they are the ones who argue that the constitution should be treated as malleable.
The only system that works is a benevolent monarchy with merit based succession instead of hereditary succession. The only moral system is anarchy. The only system we will get is one of the many parasitic forms of government.
I seem to recall that in Germany – and probably elsewhere – the enlisted has a union and the officers have a different union – talk about a clusterf.
Abolish the Jones Act!
OT: Spurs fire Pochettino: https://www.bbc.com/sport/football/50480860
It’s a little sad, they had some great years with him but ultimately still won nothing, and they have been horrible in the league since January.
Early favorite is Mourinho. Yeah, fire your manager amid rumors of player unrest and bring in one of the most toxic personalities in football.
He’s always going to pop up in these situations, but Mourinho thought United didn’t spend enough, so I don’t see how he is a favorite.
They should hire Poppovich. Successful and has history coaching the Spurs.
And almost Belichick-like in his press scrums.
To put a point many others have made slightly differently:
Campaign finance is just a symptom. The disease is a too-powerful government. You can treat the symptom all you want, but it won’t really affect the disease process.
I agree. See my post above in response to Scruffy’s earlier comment. Undoubtedly the real underlying malady went by the wayside when the populace stopped taking up arms and went quietly in response to each turn of the wrench. Now here we are trying to rearrange deck chairs on the Titanic.
Term limits would be unnecessary if we bring back dueling in Congress.
better: duelling between congresspeople and members of their constituency.
When you’re starting a company in your garage you don’t start by setting aside your political lobbying budget, then make whatever widget, software, computer, or other item that is the money-making aspect of your new venture.
I think this fact gets at a significant point. Sure there are and have always been guys happy to pay off politicians for advantages or favors conferred. But, the dirty little secret is that a lot of businesses wind up in the game after its initiation by the political class. Their “crime”, as it were, amounts to paying off a shakedown that they rightfully should never have had to pay in the first place. Of course, once they’ve built out those capabilities and relationships, it’s not a far cry to using them to your own benefit.
Yep. I have quite the story about getting into lobbying because to do otherwise would have meant being regulated out of existence. There are two kinds of lobbying: defensive and offensive. But once you’ve had a taste of the defensive lobbying game, you start to think about “retaliating first.”
Well, it’s the game, as you say. There are the laws on the books and there’s the way things work, and the two aren’t always the same. The distance between the two things are I think what we call “corruption”. Everywhere you look, in every country, there’s corruption to one extent or another, almost always where there’s money changing hands. Given that politicians are going to use influence for personal gain, you can either take the high road and lose out to less-principled competitors or play the game and stay in business.
See Microsoft. They basically got sued by the Feds for ignoring Washington. How dare succeed without our permission. They, and the other tech companies have now learned that lesson.
I go back to Mencken: the people get what they vote for, good and hard. Ultimately, we still live in a representative democracy and no matter how entrenched the bureaucracy or corrupt the politicians, if people started consistently voting for truly libertarian supermajorities, the system would change. I mean voting for classical liberals up and down the ballot at every level for decades.
However, human nature being what it is, and with the corruption of the education system, people have little understanding of incentive, cost/benefit, supply/demand or individual liberty. So they lazily vote for the shiny object that promises to give them stuff and/or uses the right flowery language. Thus the bureaucracy was born and thus it is sustained.
Elections have consequences, but only when Team Blue wins. The vote in lockstep and rule with an iron fist. When Team Red wins they aren’t allowed or refuse to govern.
I’m living in a different reality than this person.
The first week of impeachment public hearings was devastating for President Donald Trump. The House Intelligence Committee heard testimony from foreign service officials deeply troubled by the administration’s shadow policymaking cabal, headed by Rudy Giuliani, that withheld vital foreign aid in exchange for campaign support.
The week ended with former Ukraine Ambassador Marie Yovanovitch recounting the vicious smear campaign that helped lead to her being drummed out of her job. As she spoke, the President confirmed his willingness to attack her this way via live tweets.
As if that were not bad enough, David Holmes, an aide to the top US diplomat in Ukraine, William Taylor, ended the day behind closed doors explaining, according to his opening statement, how he overheard the President speaking loudly on the phone with Ambassador Gordon Sondland in a restaurant in Kiev about the investigations related to Hunter Biden and conspiracy theories about the origins of the Russia investigation.
In other words, everyone has been confirming the report of the whistleblower. Republicans have been left to offer faux complaints about the process and to suggest that all of the bad things that are being reported are based on hearsay. …
But one thing seems certain: The predicted political backlash over impeachment that Democrats were frightened about will not be taking place. Republicans won’t have an easy time employing the standard partisan witch hunt argument.
The case that House Democrats are making to the public about how Trump and his inner circle abused presidential power, skewed foreign policy for personal gain and then tried to hide and obstruct the investigation that followed the revelations is becoming overwhelming. The President himself keeps helping Democrats build their case through his tweets and public statements. His inclination to attack and seek to destroy might work in less frenzied times but now it registers differently in the middle of a formal investigation.
House Democrats might never be able to turn a single Republican vote in the House or Senate. Any Republican who dares to buck the party line probably won’t find any room left for them in the party; just look at Michigan’s Justin Amash.
However, as a result of the impeachment, Democrats will be able to vote in favor of articles of impeachment with a rock-solid case to support their decision and a clear picture for the public about why the party feels the need to take these steps.
I mean, I get that this is in the Opinion* section, but c’mon.
*It’s NPCNN. So really the whole thing should be deemed editorial.
“administration’s shadow policymaking cabal”
What does that mean, exactly? Isn’t the administration supposed to making policy?
Trump doesn’t listen to the Right People on policy.
I was ab out to say the same damn thing. If any thing the fucker testifying are the Shadow policy making cabal. They fucking own that they are the deep state.
“The week ended with former Ukraine Ambassador Marie Yovanovitch recounting the vicious smear campaign that helped lead to her being drummed out of her job. ”
First time in the history of the Republic there have been power struggles within the State Dept and between State and the White House staff. Unprecidented!.
My favorite part is how the Dems have each witness recite their long “public service” and “credentials”.
If you were making the case that the Deep State is trying to depose the President, you would start by establishing each witness as a card carrying member of the Deep State.
Delusional. I don’t see how any honest assessment of the testimony so far, even taking every reasonable implication against Trump, even comes close to “Trump and his inner circle abused presidential power, skewed foreign policy for personal gain and then tried to hide and obstruct the investigation that followed”.
I’m surprised they put it under “Opinion”. I notice a lot of outlets are using what they refer to euphemistically as the “Politics” section.
Well, I missed this little tidbit.
WT everlovin’ F?
No way that happens unless he has pretty deep pre-existing relationships with Ukrainian politicians/power brokers. This is (another) seriously compromised witness.
Star witness.
Highly decorated US veteran. Gotta love those hero veterans!
A chest full of badges for showing up, and a Purple Heart. No idea why he got the Purple Heart.
I would absolutely want him with me in a combat situation, though. Looks like he could stop a lotta bullets, and in an emergency could be easily outrun.
Wikipedia says an IED in Iraq.
Also this:
A
RussianUkrainianRushun Asset?You know who else was a veteran?
Jack Murtha?
Kris Kristofferson?
Ernest Borgnine?
Charles Bronson!?
He refused the crown three times?
Did the cock crow at that point?
Mixing your metaphors but still….
i guess it would be mixing the allusions.
Did this in Caesar seem ambitious?
When that the poor have cried, Caesar hath wept:
Ambition should be made of sterner stuff:
Yet Brutus says he was ambitious;
And Brutus is an honourable man.
You all did see that on the Lupercal
I thrice presented him a kingly crown,
Which he did thrice refuse: was this ambition?
meh. i’m sure it would be no big deal if Flynn et al disclosed they were offered the Russian Minister of Defense job a time or thrice.
sorry, did i say “no big deal”? i meant “APOPLECTIC HOLOCAUST”. i get those terms mixed up.
I’m in a waiting room with two televisions tuned in to impeachment stuff. I’m not paying any attention, but the two channels are about 3 seconds off of each other, so everything sounds literally like double-talk. Really magnifies the insincerity spewing from each mouth.
Money and power will always find each other. If you want to get the money out of politics, take out the power. This is not a solution to corruption, but it will lessen the amount of money the haves are willing to pay politicians to stay that way.
I’m a collapsitarian. Nothing will be fixed within the current system. The horses were let out of the barn 75 years before I was born, and the farmer is starting to notice the lack of neighing. The train launched off the cliff long ago, and we have already reached the apex of the trajectory. Use whatever metaphor suits you, but the electorate has shifted permanently towards authoritarianism, and demographic shifts are cementing the changes into place.
We may have 100 more years of drunken meandering in the general direction of totalitarianism or the entire thing may implode tomorrow, but either way, I believe the only path that has any chance of improving liberty on the whole is collapse and fragmentation.
Nothing will be fixed within the current system.
I tend to agree that its a question of “when”, not “whether” the current system tears itself apart. I tend to think the later it happens, the worse it will be. There’s always the long slow slide into irrelevance of a decaying system, as the best option, of course. Seems unlikely, though.
Minor quibble: the incumbents stat is a case of “fun with statistics” – while the turnover is not huge, the actual turnover is larger than the stat would lead one to believe. In 2010 over 14% of seats changed parties, meaning incumbent retention was at maximum 86%, and probably smaller given primary challenges and such. The important thing that stat ignores is the fact that Congresspersons, whose best skill is winning elections, can tell when the winds are against them and will often resign rather than face certain defeat. It’s a case of “you can’t fire me – I quit”, but the underlying meaning is the same – they were rejected by their constituency. Also, the 20% approval rating for the body as a whole means nothing when considering the question of whether incumbents are responsive to their constituencies. It is highly likely that the majority of the people approve of their representative, and merely dislike everyone else. Wondering about the supposed dis-congruity is similar to wondering how any sports team has any fans, when the majority of sports watchers dislike the majority of teams, since, you know, those are not their team.
Also, I disagree with term limits, but I’ll save that discussion for the next article.
Also, thanks for writing the article. I found it interesting, even if all I had to offer were criticisms.
I appreciate the comments. My responses:
1. I think that’s quibbling over whether it’s 81% or 86%. The fact is that incumbents have a huge advantage over their adversaries and that’s because they can spread around enough “love” to generate sufficient “goodwill” that they are “perceived” as being different than other folks. Almost the only time they run into trouble is when they haven’t sufficiently or quite properly dispensed their munificence.
2. I don’t think the overall disgust with Congress is so easily disconnected from an individual member’s performance as part of the overall body. I can agree with your general point about sports teams, except that sports teams don’t pass legislation as a body over the rest of us. Your suggestion is that everyone suffers from complete blindness to the fact that their guy is 1 of 100 or 1/435. It’s not nearly that simple, especially considering the overlay of Teams Blue and Red over the same areas. So it isn’t just that simple (it’s the same point that HIlary and DNC can’t seem to grok about all those “racist” counties that had somehow voted for Obama 4 years prior.
Constitutional amendment:
One and done. (eliminates the need for reelection funds)
Staffers are one X year term of employment. (reduces staffer power)
Anyone serving a single term gets a full pension and benefits for life (and life of the spouse). Any additional income made is taxed at 100%. (eliminates the revolving door)
Congress shall make no law that benefits one citizen (or groups of citizens) over another. (eliminates the ability to grant favors)
Yeah, they’ll find work-arounds, but maybe it’ll buy us another 150 years or so