[EL] Federalism and "Take Back Our Republic"
Rick Hasen
rhasen at law.uci.edu
Thu Jan 21 19:21:57 PST 2016
I did not feel comfortable sharing the pdf with the list, but I've
copied Richard here.
On 1/21/16 1:42 PM, Scarberry, Mark wrote:
>
> Richard Painter’s great, but I wonder how his proposal squares with
> federalism concepts. Apparently he is suggesting that Congress can
> enact his proposal as an ordinary statute. He is right that it doesn’t
> violate the First Amendment, I think, but can Congress really force
> states to spend money as a condition of imposing taxes? That seems
> highly unlikely. Perhaps the “blurb” doesn’t accurately describe his
> proposal. Obviously his exact proposal couldn’t be adopted at the
> state level either, inasmuch as it would purport to prohibit the
> federal government from imposing taxes.
>
> Rick, the press release that you quote indicates that a pdf of the
> book is attached. Do you know whether there is a way for list members
> to get the pdf? I don’t begrudge Richard the royalties on sale of the
> physical book for $19, but it doesn’t seem that his goal is to make
> money (even if it isn’t dark money and however he might choose to
> spend it).
>
> Mark
>
> Mark S. Scarberry
>
> Professor of Law
>
> Pepperdine Univ. School of Law
>
> *From:*law-election-bounces at department-lists.uci.edu
> [mailto:law-election-bounces at department-lists.uci.edu] *On Behalf Of
> *Smith, Brad
> *Sent:* Wednesday, January 20, 2016 2:13 PM
> *To:* 'Rick Hasen'; law-election at UCI.edu
> *Subject:* Re: [EL] Take Back Our Republic???
>
> /Take Back Our Republic has printed 5,000 copies in the first
> printing, more than 1,000 of which will be distributed in New
> Hampshire and Iowa in late January and early February./
>
> Leading to the obvious question for a book published by a corporation:
> would it be permissible to prohibit this type of political advocacy,
> but for Citizens United?
>
> /Bradley A. Smith/
>
> /Josiah H. Blackmore II/Shirley M. Nault /
>
> / Professor of Law/
>
> /Capital University Law School/
>
> /303 East Broad Street/
>
> /Columbus, OH 43215/
>
> /(614) 236-6317/
>
> /bsmith at law.capital.edu <mailto:bsmith at law.capital.edu>/
>
> /http://www.law.capital.edu/faculty/bios/bsmith.asp/
>
> *From:*law-election-bounces at department-lists.uci.edu
> <mailto:law-election-bounces at department-lists.uci.edu>
> [mailto:law-election-bounces at department-lists.uci.edu] *On Behalf Of
> *Rick Hasen
> *Sent:* Wednesday, January 20, 2016 1:35 PM
> *To:* law-election at UCI.edu <mailto:law-election at UCI.edu>
> *Subject:* [EL] ELB News and Commentary 1/20/16
>
>
> [snip]
>
>
> Richard Painter with the Conservative Case for Campaign Finance
> Reform <http://electionlawblog.org/?p=79150>
>
> Posted onJanuary 20, 2016 9:47 am
> <http://electionlawblog.org/?p=79150>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Can’t wait to read this. Release:
>
> */Take Back Our Republic Publishes Book by former President George
> W. Bush White House Aide: /*//
>
> */“Taxation Only with Representation: The Conservative Conscience
> and Campaign Finance Reform” by Richard W. Painter/*//
>
> //
>
> /Author Richard Painter was President George W. Bush’s chief White
> House ethics lawyer, and he is now a law professor at the
> University of Minnesota. He wrote the book throughout 2014 and
> 2015 with the financial support of a full year residential
> fellowship from Harvard University’s Safra Center for Ethics./
>
> /Painter’s book discusses in detail:/
>
> ·/How the current system of campaign finance undermines the system
> of participatory democracy envisioned by the original Tea Party
> and the founding fathers of our Country./
>
> ·/The fact that conservative political thinkers from Edmund Burke
> to Barry Goldwater have warned against the corrupting influence of
> costly elections./
>
> ·/Campaign money is driving the growth of excessive government
> spending and regulation and encourages the growth of inefficient
> and corrupt government sponsored enterprises (GSEs)./
>
> ·/Campaign money is silencing the voice of social conservatives
> and faith-based voters on virtually every issue, ranging from
> protection of human life and religious freedom to school choice,
> drugs, pornography and gambling./
>
> ·/Campaign money is increasingly likely to originate outside the
> United States, giving sovereign wealth funds, foreign governments
> and even terrorist organizations ample opportunity to influence
> our government and undermine our national security and independence./
>
> //
>
> /The principal solution Painter proposes is to allow ordinary
> voters to participate in funding political campaigns out of their
> tax dollars. His proposed “Taxation only with Representation”
> amendment or statute can be enacted at the national or state level
> and does not run afoul of any existing first amendment rights in
> the Constitution. It provides:/
>
> /Neither the government of the United States nor any state or
> subdivision thereof shall levy an income tax, sales tax, property
> tax, inheritance tax or any other tax upon any natural person over
> 18 years of age who is a citizen of the United States or upon his
> or her estate unless the United States government or the state
> levying said taxes pays an amount totaling at least two hundred
> dollars within the same calendar year or within the immediately
> following calendar year to the campaign of one or more candidates
> for elected federal or state or local office chosen by such
> citizen for whom such citizen is also eligible to vote or running
> for office in the state in which the citizen resides. A citizen’s
> right to designate taxpayer funded political contributions
> pursuant to this amendment is waived in any year in which the
> citizen fails to designate a recipient of such payment or dies
> before designating a recipient of such payment. Every five years
> after adoption of this amendment, Congress shall by statute or, in
> the event Congress shall not enact such a statute, the United
> States Treasury shall by regulation, adjust the taxpayer funded
> political contribution amount to be more or less than two hundred
> dollars to reflect changes in the purchasing power of the United
> States dollar within the preceding five years. ///
>
> /Painter proposes that the private sector develop innovative
> solutions to bring more small donors into the fray. For example,
> a “Democracy Dollars” program in which retailers would, in place
> of making their own contributions to PACs, allow customers to give
> money to candidates of their choice based on customer loyalty
> points. Painter urges that when the private sector tries to help
> citizens solve the campaign finance problem, government must not
> be allowed to stand in the way./
>
> /Take Back Our Republic has printed 5,000 copies in the first
> printing, more than 1,000 of which will be distributed in New
> Hampshire and Iowa in late January and early February./
>
> /The book can be found onAmazon.com
> <http://www.amazon.com/Taxation-Only-Representation-Richard-Painter/dp/1939324122/ref=sr_1_1?ie=UTF8&qid=1453239273&sr=8-1&keywords=taxation+only+with+representation>or
> at or by contacting Take Back Our Republic at334-329-7258
> <tel:334-329-7258>. A complimentary PDF version is attached as well./
>
> *//*//
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79150&title=Richard%20Painter%20with%20the%20Conservative%20Case%20for%20Campaign%20Finance%20Reform&description=>
>
> Posted incampaign finance <http://electionlawblog.org/?cat=10>
>
> [snip]
>
> --
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
> 949.824.3072 - office
> 949.824.0495 - fax
> rhasen at law.uci.edu <mailto:rhasen at law.uci.edu>
> http://www.law.uci.edu/faculty/full-time/hasen/
> http://electionlawblog.org
>
>
> _______________________________________________
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> Law-election at department-lists.uci.edu
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--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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