[EL] Freedom Caucus to Battle McConnell on Campaign Finance

Wed Dec 2 09:24:42 PST 2015

One problem with campaign finance regulation, that we all know exists, is that regulation is used to try to gain political advantage over one's political opposition. In that sense, campaign finance regulation is a source of corruption. It may be that the benefits of such regulation outweigh the costs -- after all, pretty much all regulation (should I just say "all regulation") has costs, but that does not mean that regulation is never worth the costs. But we all know that a cost of campaign finance regulation is its use as a political weapon, and hence a source of, as well as a potential limit on, political corruption.

It is disappointing but not entirely surprising that the Freedom Caucus (the "Freedom for me but not for thee caucus"?) has succumbed to the desire to use regulation to its advantage, probably for reasons others have explored. But it is a vivid example of a cost of regulation that is too often ignored, and the way that anyone can be seduced by power. We would be naive to think that most people who favor regulation of campaign finances do not see the regulations they favor as advantageous to achieving their substantive political goals.

This predictable and perpertual abuse of regulation is, I think, a compelling argument for separating campaign from state--which, I think, the drafters and ratifiers of the First Amendment probably thought they had done when the drafted and ratified the thing. But others will disagree. Let's just not act like this is not a problem, or a big surprise when it occurs (even if one did not see it coming in a particular case--I didn't-- it shouldn't be surprising once it is seen).

Bradley A. Smith

Josiah H. Blackmore II/Shirley M. Nault

   Professor of Law

Capital University Law School

303 E. Broad St.

Columbus, OH 43215

614.236.6317

http://law.capital.edu/faculty/bios/bsmith.aspx

________________________________
From: law-election-bounces at department-lists.uci.edu [law-election-bounces at department-lists.uci.edu] on behalf of Ray La Raja [laraja at polsci.umass.edu]
Sent: Wednesday, December 02, 2015 11:03 AM
To: Rick Hasen
Cc: law-election at department-lists.uci.edu
Subject: Re: [EL] Freedom Caucus to Battle McConnell on Campaign Finance

This is a case where instrumental reasons might trump principle for the Freedom Caucus, although the article makes clear that some would like deregulation for their PACs if restrictions on parties are loosened.   Hopefully we can discuss your concerns about my argument if we cross paths in Massachusetts during your book tour.

On Dec 2, 2015, at 10:57 AM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:

I'm surprised because of the ideological valence of the issue. That is, I expect members of the "Freedom Caucus" to support full deregulation of the campaign finance process.

(I'm also skeptical of some of the arguments about polarization and campaign finance you make in your book, but that is an issue for another time.)

On 12/2/15 7:54 AM, Ray La Raja wrote:
Rick, regarding the news that they Freedom Caucus is opposed to McConnell’s bid to loosen party financing, why are you surprised (as you note at your blog)?   Channeling more money through the parties should diminish the clout of partisan factions at the extremes because it strengthens the hand of party leadership.  This is exactly the point Brian Schaffner and I make in our recent book, "Campaign Finance and Political Polarization: When Purists Prevail” https://www.press.umich.edu/4882255/campaign_finance_and_political_polarization

Ray La Raja, Associate Professor
Department of Political Science, University of Massachusetts, Amherst
http://polsci.umass.edu/profiles/la-raja_ray/home

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Rick Hasen
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UC Irvine School of Law
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