[EL] Freedom Caucus to Battle McConnell on Campaign Finance

Wed Dec 2 12:34:49 PST 2015

Tyler,

Sen. McConnell brought a case against BCRA back in 2003 that conflicts with
your narrative a bit.

On Wed, Dec 2, 2015 at 3:25 PM, Tyler Creighton <tyler at rethinkmedia.org>
wrote:

> This was foreshadowed during the CRominbus debate. Outside groups allied
> with the Freedom Caucus (like the Senate Conservatives Fund and Citizens
> United) opposed the CRominbus rider increasing party contribution limits.
>
> "Tea party fumes over campaign finance plan":
> http://www.politico.com/story/2014/12/tea-party-revolts-over-campaign-finance-plan-113520
>
> More evidence that the unlimited contributions/spending mantra is actually
> about who has political power and who doesn't, not a defense of the first
> amendment. McConnell and co want the RNC and establishment billionaires to
> have power. The Freedom Caucus wants far right billionaires to have power.
>
> I especially love how McConnell conveniently forgets his role in the rise
> of super PACs when he argues parties now need higher limits to compete w/
> super PACs.
>
> *Tyler Creighton* | ReThink Media <http://rethinkmedia.org/> | Senior
> Media Associate
> tyler at rethinkmedia.org | (925) 548-2189 mobile | @TylerCreighton
> <http://www.twitter.com/tylercreighton>
>
> On Wed, Dec 2, 2015 at 12:24 PM, Smith, Brad <BSmith at law.capital.edu>
> wrote:
>
>> 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 <614.236.6317>*
>>
>> *http://law.capital.edu/faculty/bios/bsmith.aspx
>> <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> 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
>>
>>
>>
>> _______________________________________________
>> Law-election mailing listLaw-election at department-lists.uci.eduhttp://department-lists.uci.edu/mailman/listinfo/law-election
>>
>>
>> --
>> Rick Hasen
>> Chancellor's Professor of Law and Political Science
>> UC Irvine School of Law
>> 401 E. Peltason Dr., Suite 1000
>> Irvine, CA 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.eduhttp://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>>
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-- 
Steve Klein
Attorney*
Pillar of Law Institute
www.pillaroflaw.org

**Licensed to practice law in Illinois and Michigan*
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