[EL] Federalism and "Take Back Our Republic"
Rick Hasen
rhasen at law.uci.edu
Thu Jan 21 20:11:16 PST 2016
The size of the file is too big to send to the listserv.
If Richard can have it posted somewhere (it is too big to post to ELB) I
am happy to provide the link to the listserv.
On 1/21/16 11:01 PM, Richard Painter wrote:
> Please feel free to provide the pdf on line or however you like. No
> interest in royalties
>
> This is a small glitch
>
> States cannot bind the federal government not to tax but they can bind
> themselves and make clear their view on federal taxation without
> representation
>
> The U.S. constitution can bind the states but that is a moot point
> because the proposed amendment would shut down the federal government
> also unless each taxpayer got the 200 dollars so Congress would have
> to allocate the money
>
> An act of Congress probably could not bind the states (interesting
> constitutional issue) but this is also moot because congress would not
> enact the proposed language unless it intended to allocate the money.
> Otherwise the federal government also could not tax.
>
> So if people get serious about this idea we could discuss these
> federalism issues further
>
> R
>
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>
>
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>
>
>
> On Thursday, January 21, 2016, Rick Hasen <rhasen at law.uci.edu
> <mailto:rhasen at law.uci.edu>> wrote:
>
> 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
>> <javascript:_e(%7B%7D,'cvml','law-election-bounces at department-lists.uci.edu');>
>> [mailto:law-election-bounces at department-lists.uci.edu
>> <javascript:_e(%7B%7D,'cvml','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
>> <javascript:_e(%7B%7D,'cvml','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
>> <javascript:_e(%7B%7D,'cvml','bsmith at law.capital.edu');>/
>>
>> /http://www.law.capital.edu/faculty/bios/bsmith.asp/
>>
>> *From:*law-election-bounces at department-lists.uci.edu
>> <javascript:_e(%7B%7D,'cvml','law-election-bounces at department-lists.uci.edu');>
>> [mailto:law-election-bounces at department-lists.uci.edu
>> <javascript:_e(%7B%7D,'cvml','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
>> <javascript:_e(%7B%7D,'cvml','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
>> <javascript:_e(%7B%7D,'cvml','rhasen at law.uci.edu');>
>> http://www.law.uci.edu/faculty/full-time/hasen/
>> http://electionlawblog.org
>>
>>
>> _______________________________________________
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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
> <javascript:_e(%7B%7D,'cvml','rhasen at law.uci.edu');>
> http://www.law.uci.edu/faculty/full-time/hasen/
> http://electionlawblog.org
>
--
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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