David Weigel | April 3, 2007
Me, yesterday:
[L]ook for the breathless commentary about how all these records are being broken... and money dominates our politics and it's just so sad.
Hardball, yesterday.
CHRIS MATTHEWS: Andrea, what does that mean? Explain to me -- maybe I do know, but I don`t like it. I find this so unsavory.
ANDREA MITCHELL: I know. It`s awful.
CHRIS MATTHEWS: Here we are, and they`re going out and killing people around the world to spread democracy, and what are we spreading? A form of government based on how much money you can raise from rich people mainly.
Gosh, all you need is some sad-ass Scottish fugue piping in the background and this could be the last act of a Ken Loach movie.
First, the candidates aren't "mainly" getting their money from "rich people." John McCain got more than 80,000 donors to chip into his campaign, as did Barack Obama. All told, about 300,000 people donated to the candidates between January and April 1. It's possible that they were all millionaires (there are around 3 million of them in the U.S. after all), but unlikely, as most of the donors didn't fork over the maximum donations.
Second, who cares if they're rich? There are two possible campaign finance regimes: One where all the candidates get the same money from a public fund, or one where the candidates with the most appeal raise the most money. Under the first regime, only the establishment candidates benefit. Under the second regime, candidates whose appeal, charisma, ideas, et cetera outstrip the frontrunners can prove that appeal and surge ahead. Which is what's happening this week as the Giuliani, Romney, Obama and Edwards campaigns reveal their hauls and which is why Hillary Clinton says stuff like this:
I believe we have to move, eventually in our country, toward a system of public financing that really works for candidates running for federal office. I will support that as president.
Message: I'm not dominating the field like I wanted to, so if you competitors could, uh, go away? Yeah. That'd be greeeeat.
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Matthews is pissed because the leading fundraisers on both
sides(Clinton, Romney) more or less have the same position as Bush
when it comes to Iraq.
As far sas the scope of money in presidential politics, it's
probably a fundamental law that the level of money is proportional
to the level of federal spending. We are looking at the coming
prospect of a 10 trillion dollar federal budget and the 1 billion
dollar presidential campaign.
My position, probably the libertarian position, is that if you want
to reduce the scope of private money in presidential campaigns,
reduce the size of the federal budget. It's pretty simple.
Good stuff, David. My guess is the talking heads think that it
makes them look like they're caring and connecting with the
audience by lamenting the influence of "big money".
I wonder how much Mitchell and Matthews contribute to
politicians?
"There are two possible campaign finance regimes: One where all
the candidates get the same money from a public fund, or one where
the candidates with the most appeal raise the most money. Under the
first regime, only the establishment candidates benefit. Under the
second regime, candidates whose appeal, charisma, ideas, et cetera
outstrip the frontrunners can prove that appeal and surge
ahead."
Uh, yeah, like those two millionaires who made the McGovern
campaign happen. I guess the ability to raise money really does
reflect public opinion.
I think it can be looked at as a good thing. A woman, an African-American, a Mormon, and a New York Italian gathered more money than the traditional, WASPY candidates.
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Weigel, those of us that lean libertarian but actually support campaign finance have always done so with the understanding that it would lead to the "second regime." Good to hear that you admit that is how the system seems to be working out.
Isn't it strange how monopolists always want to rig the system
in their favor and then tell you they're doing it in your
interest? I've got eyes, man.
This happens with other issues, too.
Rich people have more disposable income for pointless luxuries like politics.
In 1996 Phil Graham raised gazillions of dollars and didn't last past New Hampshire. Before that, John Connolly raised millions in 1980 and got precisely one delegate at the 1980 Republican National Convention. Money does not always traslate into votes.
I'd have to agree with Kaligula. I have a problem with so much money being invested by private individuals, corporations, etc because it comes down to a simple concept. Campaign contributors spend money to either impose their will or gain (or sometimes maintain) favorable conditions for themselves or their business. When the stakes go up more money gets spent. I'm not repulsed by the act of a campaign donation, I'm repulsed by the result.
David, you seemed to be about to make a point, but then you
glibly danced right over it: "Second, who cares if they're rich?
There are two possible campaign finance regimes: One where all the
candidates get the same money from a public fund, or one where the
candidates with the most appeal raise the most money."
In other words, you have given no justification at all for why only
the wealthiest citizens should be the ones who decide who has the
most appeal, you've just celebrated it, and then given us a false
dilemma to set it against to boot. If the giving caps were
somewhere in the range of 20$ maybe I'd buy it.
The issue isn't money. It's tranparency or the lack of it.
Given the state of the Internet, there is no reason why a candidate
shouldn't post a list of every contribution including donor and
amount.
I don't really care if a candidate is beholden to some big donor so
long as everyone in the world knows it.
The only way to get money out of politics is to reduce the power available to politicians.
The problem is that the Executive and Legislative branches have too much power. Who would really give a shit how much "influence" money buys when that translates into no real power.
Unclaimed Money Search, eh?
If I found enough money to be rich, I could support political
candidates. This plays into my hands quite nicely...
Given the state of the Internet, there is no reason why a candidate
shouldn't post a list of every contribution including donor and
amount.
Right, because nobody has a right to anonymous political speech! We
should just undo every campaign finance law, and we should undo the
primary system. Just have one election, every candidate, in
November. Sure, that'll be sub-optimal given the voting system we
use (AND HOW!) but it's not like it matters. I sincerely doubt such
a thing could deliver us worse outcomes.
Right, because nobody has a right to anonymous political
speech!
You have secret ballots. Isn't that enough?
I don't see anything in the constitution that guarentees anonymity
when giving cash to candidates for public office.
I think the argument that cash = speech is bullshit.
You have a 1st ammendment right to say or print anything you want.
I see that as extending to every new-age medium as well. I don't
see how the 1st gives a right to anonymity though.
"political speech?"
Does that mean Congressman William Jefferson did nothing more than
listening?
Does that mean Congressman William Jefferson did nothing
more than listening?
joe,
That what the HR types refer to as "active listening."
But, seriously, if you think any set of arbitrary rules that congress critters themselves must enforce are going to stop political and campaign corruption, you're a damn fool.
campaign donation != bribe
When Charles Keating was asked if he expected his contributions to
have an influence on the senators, he replied that he damn well
expected them to anser the phone when he called.
And I don't care about that as long as the contributions are public
record. Trying to exempt "small" contributions would just lead to
efforts to scam the system (big contributions chopped up into
little contributions to avoid reporting requirements).
Does that mean Congressman William Jefferson did nothing
more than listening?
As is apparent from the Wikipedia account, Jefferson was supposed
to give that cash, on behalf of a US company, to an official in
Nigeria.
That is definitely illegal. It may or may not be immoral.
Regardless of all that, it is not akin to a congressman accepting
campaign contribution or taking a bribe. it would only be akin to
those things if the money, or some portion thereof, was for
Jefferson himself.
The only way to get money out of politics is to reduce the
power available to politicians.
Right. Essentially, just about every policy debate we indulge
ourselves in is a sideshow compared to the real power -- tax money.
Reduce taxes everywhere, at every turn, and you reduce power. As
much as I'm concerned about constitutional issues and the proper
juxtaposition of state v individual, its all really window dressing
to the main problem, which is the govt just flat out has way, way,
way, way, waaaaaayyyyy too much money to play with.
campaign donation != bribe
I've been hearing this for years, and yet people and corporations
still behave as if it's not true. So... why are they still doing
it? Last I checked, none of these entities likes throwing money
away.
I'm curious: has any study been done comparing the two scenarios
David mentioned? For example, do incumbents benefit at higher
percentages in countries that have publicly-financed campaigns?
I don't get how Dave's "translation" bears on Clinton's statement. How is saying she would support public financing an exhortation for her competitors to go away?
In other words, you have given no justification at all for
why only the wealthiest citizens should be the ones who decide who
has the most appeal, you've just celebrated it, and then given us a
false dilemma to set it against to boot.
Say it with me:
Free.
Speeech.
To all those saying "The only way to get money out of politics
is to reduce the power available to politicians." Its true, but its
also impossible to reduce the power that Congress utilizes when
there is so much money pouring into the system.
So long as companies can make large donations, they will. So long
as they make large donations, they will expect returns.
So long as congressmen accept large donations, they will think they
depend on large donations. So long as they think they depend on
large donations, they will naturally provide the benefit of the
doubt or outright favor those that provide them the large
donations.
Its nearly impossible to get Congress to cut its own power anyway,
and its absolutely impossible to get them to cut their power in a
system where they think that they depend on using that power to get
reelected and keep their jobs.
Libertarians are normally so good at recognizing the foils of human
nature. Why don't they see this?
Libertarians are normally so good at recognizing the foils
of human nature. Why don't they see this?
And what is your proposed solution?
My solution would be to kill McCain/Feingold; lift all limits on
contribution; require all contributions to be published and
accessible on the Internet; then let a million bloggers sift
through contriutions and voting records to show any "purchase" of
outcomes.
"Say it with me:
Free.
Speeech."
OK.
"$$$$.
$$$$$$."
Can you read that? I can't.
My solution would be to kill McCain/Feingold; lift all
limits on contribution; require all contributions to be published
and accessible on the Internet; then let a million bloggers sift
through contriutions and voting records to show any "purchase" of
outcomes.
I would have absolutely no problem with this. I'm pragmatic. I
agree that it is a chicken/egg issue regarding power & money in
politics. One begets the other. I see libertarians in general
actively looking for ways to reduce governmental power, while at
the same time acknowledging the fact that people should be free to
back their own political agenda. And I don't see a conflict in that
stance.
People seem to be confusing the issue. McCain/Feingold
definitely attacked free speech with the provisions that limit
certain groups from running certain ads. It does not follow from
this that giving money to a candidate themselves is an act that
also falls under free speech. Personally, I see the latter act as a
flat out bribe.
As to Mr. Weigel's question as to "who cares if they're rich". One
reason is that the rich already hold a lot of the power in the
private market (this is fine). If they also have all or most of the
power in government then they pretty much hold all power. When
ideally, power in government should be equal among all citizens.
Anyway it matters less that the group in control of government is
rich and more that one group has more say in government than other
groups.
When ideally, power in government should be equal among all
citizens.
And where did you get that idea?
There was a time when there was no campaign "reform." We had
presidents like Washington, Lincoln, Teddy and Franklin
Rosevelt.
also, the media, which incessently covers the amount of money spent
and the poll numbers, covers nothing else, necessitating candidates
spending money to talk about anything else (Yes, what they say
about their proposed programs is pap - but isn't it the media's
fault for not even asking?). Honestly, when was the last time you
saw a news media story on the health plan of Obama, Clinton, or
McCain?
I think the argument that cash = speech is
bullshit.
You have a 1st ammendment right to say or print anything you
want. I see that as extending to every new-age medium as
well.
Well, carrick, seeing as you can't print anything or use the
intertubes without spending cash on things like ink, paper,
printers, computers, etc., I would say that you have a little
problem in maintaining both that "cash does not equal speech" and
"The 1A lets you print anything you want."
If you're not allowed to expend resources distributing your
"speech", then your right to free speech becomes the right to
converse with people in your immediate vicinity.
When ideally, power in government should be equal among all
citizens.
And where did you get that idea?
I think it was on an episode of Saved by the Bell. Or maybe it was
Full House, I'm not sure.
Well, joe, you know me, always hating on immigrants. Wait, no, I think you've got me confused with John in your gotcha matrix.
I wonder how much Mitchell and Matthews contribute to
politicians?
From 1987 to 1994, Chris Matthews gave $2,000 to Jim Moran (VA) and
Tony Coelho (CA), both Dems.
http://www.newsmeat.com/media_political_donations/Chris_Matthews.php
R C, Free Speech means the government cannot regulate the content of your speech. The 1st amendment is not a guarentee of access to the means of distribution of your speech.
Government imposed spending limits on political advertising is
evil and should be abandoned as soon as possible. It is unfortunate
that the courts have upheld them.
However, these spending limits are in no way the equivalent of
shutting down broadcasters or publishers for putting out a message
that the government doesn't like.
R C, Free Speech means the government cannot regulate the content of your speech. The 1st amendment is not a guarentee of access to the means of distribution of your speech.
But it's a prohibition against government deciding how much access
you can get, or it's damned meaningless.
I am doing a poor job of expressing my point. I will try a
different direction.
Opposition to spending limits on 1st amendment grounds is
misguided.
Opposition should to these limits should directly challenge the
idea that the government as any right to "level the playing field"
or to "prevent corruption".
"$$$$.
$$$$$$."
Can you read that? I can't.
"Alex, I think I'd like to buy a senator vowel."
And that's a very serious question. Outside of libertarians, the only opposition you see is among civil libertarians who would like to see government "level the playing field" and "prevent corruption", but think the free speech cost is too high.
Because my vote is secret, I can contact my "representative" and he or she has no idea whether or not I supported him/her. So maybe he/she has to at least listen because my vote and my family's is up for grabs and she doesn't want to alienate us. Why not make contribution's secret too from the candidate's purview? How? Pick one of the Big Four accounting firms to take in the money anonymously and deposit it to the candidate's campaign. Leak the names and watch your CPA firm go under. I'll bet that, if given anonymously, these candidates couldn't raise a third as much money as they currently do.
Timothy,
What I gotcha on was the false dichotomy you drew between bribery
and campaign donations.
Like the difference between legal and illegal immigrants, the
distinctions appears to be entirely in the legal status assigned to
them by the government.
RC Dean,
When the government starts forbidding the purchase of typewriter
ribbons, airtime, and paper by camapaigns or citizens, you will
have a point.
On the other hand, paying off a Congressman does nothing to advance
you ability to speak freely.
And yes, I am aware of the ad ban before elections. I'm agin' it.
Your point is about handing checks to candidates, and so is
mine.
Why, Carrick? Who's going to laugh at the free-speech
argument and buy that?
I think carrick's proposed solution is the perfect one. I like both
his First Amendment analysis and his pragmatic attack on the
practical problem.
poor carrick. only the "crazy person" agrees with him here.
When the government starts forbidding the purchase of
typewriter ribbons, airtime, and paper by camapaigns or citizens,
you will have a point.
Then I think I have a point, joe, because our friend
McCain-Feingold, and indeed any restriction on campaign financing,
does exactly that.
You can't purchase any of those things unless you can spend money
on them. And campaign finance laws limit the amount of money you
can spend on them.
Unless, of course, you are extremely wealthy and self-financing
your campaign.
Meanwhile, of course, Teams Red and Blue get assloads of money
from the government, and incumbents get everything from franking
privileges to radio and TV studios.
But that money from private hands, it's dangerous.
Well, carrick, if you want people to agree with you, you might have to throw out some arguments or responses to questions, not "you're going about this all wrong, man."
Want to see how your neighbors contributed in 2004?
http://www.fundrace.org/neighbors.php?search=1&type=name&lname=
"And campaign finance laws limit the amount of money you can
spend on them."
You could have fooled me. The Bush and Kerry campaigns spent about
$1 billion. The 2006 elections were the most expensive midterm
elections in history. And it showed - as usual, the airwaves were
flooded with ads.
Not being as rich you might possibly be does not restrict you from
exercising your free speech.
As a matter of fact, campaign finance laws are explicity forbidden by the Supereme Court from limiting the amount of money a candidate can spend in a race.
Well, carrick, if you want people to agree with you, you
might have to throw out some arguments . . .
My solution would be to kill McCain/Feingold; lift all
limits on contributions; require all contributions to be published
and accessible on the Internet; then let a million bloggers sift
through contributions and voting records to show any "purchase" of
outcomes.
Well Eric, you didn't respond to my very clear statement of what I
think the answer is. Did you just miss it?
To summarize, candidates should be able to raise as much money as
they can; from anyone that wants to give it without limitation; and
spend any way they want to so long as the process is transparent to
the voter.
So Eric, do you agree, disagree, anything? Or are you just pissed
because I don't like to deal with slogans like "cash = speech"?
If the government only allows me to say "I think the President
is a big...," they have restricted my speech. The message I wanted
to convey could not be conveyed.
But if they allow me to write a $900 check to a campaign instead of
a $1200 check? I think that money "says" exactly the same
thing.
My solution would be to kill McCain/Feingold; lift all
limits on contributions; require all contributions to be published
and accessible on the Internet; then let a million bloggers sift
through contributions and voting records to show any "purchase" of
outcomes.
Wouldn't be a problem to show who the real party in interest making
the contributions is. I mean, if Exxon wanted to make a gigantic
contribution to each major party candidate, then I imagine that
they would funnel it thru numerous corporate entities and/or
individuals.
Wouldn't this effectively prevent the voters from doing the kind of
research you are positing, carrick?
. . . are endowed by their Creator with certain
unalienable Rights . . .
It is most unfortunate that those words do not reside in the
consitution.
It should be intuitively obvious that the state should not
interfere in private behavior amoungst consenting adults. But it's
not to social conservatives. So we somehow have to state that
full-nude dancing is a form of "expression" protected by the
1st.
It should be intuitively obvious that limitations on the
contributions of a private individual to a political cause is an
egregious infringement on political liberty. But it's not to many
hand-wringing busybodies. So we somehow have to equate cash with
speech so that it is protected by the 1st.
In the long run, I think this is the wrong direction leaving us
with weak protections against government intrusions into private
decisions.
Wouldn't this effectively prevent the voters from doing the
kind of research you are positing, carrick?
People eventually discovered who funded the bridge to no where.
Well Eric, you didn't respond to my very clear statement of what I think the answer is. Did you just miss it?
Yes, because I was boggling over your claim that we should drop the
non-starter "free speech" argument that actually gets some
attention outside libertarians circles and go for the "but it's not
government's job to do the things that the vast majority of people
want government to do" angle that doesn't. Which you haven't, you
know, given any argument about.
Incidentally, how does "then let a million bloggers sift through
contributions and voting records to show any "purchase" of
outcomes" work on any level beyond innuendo and smear?
Ah, there's some argument.
It should be intuitively obvious that the state should not interfere in private behavior amoungst consenting adults. But it's not to social conservatives. So we somehow have to state that full-nude dancing is a form of "expression" protected by the 1st.
Well, the alternative is not stopping the state from restricting
such things on a basis you'd be happier with - it's simply not
stopping the state.
Incidentally, how does "then let a million bloggers sift
through contributions and voting records to show any "purchase" of
outcomes" work on any level beyond innuendo and smear?
How does any law that requires "sunshine" work?
If voters don't like the connections between people donating money
and the candidates that accept the money, then the voters can vote
against the candidate.
Attempting to thwart the "sunshine" laws would be crimes with
appropriate punishments.
Typewriter ribbons? Wait, what about telegrams, mimeograph stencils and cassette tapes?
People eventually discovered who funded the bridge to no
where.
Was there some kind of conscious effort to hide the source of the
lobbying that lead to that?
Even if there was, that seems like a particularly difficult case
for the real parties in interest to hide because of the "to
nowhere" part.
Well, the alternative is not stopping the state from
restricting such things on a basis you'd be happier with - it's
simply not stopping the state.
Decisions that come to the answer you want but for the wrong
reasons have a tendency to bite you in the ass at some point.
I didn't say I would accept the wrong answer. I said you should
fight for the right answer for the right reason.
Was there some kind of conscious effort to hide the source
of the lobbying that lead to that?
Do you read the newspaper ;-)
The earmarking thing was really big there for a while before the
last election.
require all contributions to be published and accessible on the Internet
I don't like this idea at all, which is why I'm intrigued by
Creech's. The winner of an election has a nice, handy list of who
supported his/her opponent - as does everyone else.
Maybe some guy wants to give money to a Blue candidate his Red boss
rants about at the drop of a hat. Maybe someone or some group wants
to give money to a candidate without worrying that his opponent
will find some petty (or not so petty) little way to get back at
them.
By the logic of public donation records, why not
publicly post who voted for which candidates? It's transparency,
after all.
Decisions that come to the answer you want but for the wrong reasons have a tendency to bite you in the ass at some point.
Probably, but a bitten ass is better than no ass, even ignoring the
fact that this is your assertion about the proper reason
for this concern, not, well, anyone else's here but apparently
Dave.
I didn't say I would accept the wrong answer. I said you should fight for the right answer for the right reason.
You've yet to give an argument for your assertion that this is the
wrong reason, aside from saying, "well, sure, advertising bans are
a free-speech issue, just not as big a one as other restrictions
would be".
The earmarking thing was really big there for a while before
the last election.
I guess my point is that Congresscritters didn't set up shell
corporations and/or hire hobos to do the earmarking. Under your*
scheme that seems like a possibility, and a possibility that could
defeat the whole purpose.
FOOTNOTE
* Actually Jello Biafra suggested something quite similar in his
1979 campaign for mayor of San Francisco. Back when he was still
cool.
By the logic of public donation records, why not publicly
post who voted for which candidates? It's transparency, after
all.
The issue is whether campaign donations buy influence that exceeds
by many orders of magnitude the influence that comes from a
vote.
The solutions break down into two generic groups: prevent
corruption by limiting donations which therefore limits influence;
or make donations public so that influence can be tracked.
I am arguing that sunshine works better in the long run to reduce
corruption, because bright people will always find a way around the
limits. I think it will be harder to find a way to get around the
sunshine requirements.
As a matter of fact, campaign finance laws are explicity
forbidden by the Supereme Court from limiting the amount of money a
candidate can spend in a race.
They limit the amount of money you, as an individual, can spend via
donation to your candidate or anyone who some bureaucrat thinks is
"coordinating" with your candidate.
They also, indirectly, limit the amount that the candidate can
spend by limiting his campaign's income.
But if they allow me to write a $900 check to a campaign
instead of a $1200 check? I think that money "says" exactly the
same thing.
Only if you think your right to free speech isn't limited in any
way by laws that limit how many people you can communicate with. A
law that limits how much you can spend spreading your message is
functionally equivalent to a law limiting how many people you can
distribute your message to.
Free speech ain't free, folks.
The issue is whether campaign donations buy influence that exceeds by many orders of magnitude the influence that comes from a vote.
The solutions break down into two generic groups:
That's begging your own question.
That's begging your own question.
Yes. For the sake of argument in an online forum I simplified the
universe of possibilities into two groups based upon whether
solutions focus on limiting contributions or increase
transparency.
Silly me.
Going back to Creech's idea, since it's not the same
damn thing we've heard a thousand times:
Why not make contribution's secret too from the candidate's purview? How? Pick one of the Big Four accounting firms to take in the money anonymously and deposit it to the candidate's campaign. Leak the names and watch your CPA firm go under. I'll bet that, if given anonymously, these candidates couldn't raise a third as much money as they currently do.
While this addresses my concerns about retribution for supporting
losing or unpopular candidates, I don't know that it can get around
the "Nice successful business/government contract/etc. you have
there...shame if anything were to happen to it," problem, unless
you outright criminalize saying what candidate a person or group
supports. On the other hand, that just might be insoluble.
Yes. For the sake of argument in an online forum I simplified the universe of possibilities into two groups based upon whether solutions focus on limiting contributions or increase transparency.
No, you said the question is whether the contributions
exert more influence, then started in on solutions to that assumed
influence.
But even if you say the contributions do exert more influence, you
don't say why we should have a secret ballot instead of being
transparent. Somehow, even you might admit that votes have
some infuence...
Maybe some guy wants to give money to a Blue candidate his
Red boss rants about at the drop of a hat.
If the boss actually took the time to look up donations may by that
guy, then took retaliatory action against that guy, then that would
be an actionable offense and the company would fire the boss or
face a civil lawsuit from that guy (and Dave W would gladly take
his case).
Maybe someone or some group wants to give money to a candidate
without worrying that his opponent will find some petty (or not so
petty) little way to get back at them.
You mean those weasels want to avoid the consequences of their
choices?
No, you said the question is whether the contributions exert
more influence, then started in on solutions to that assumed
influence.
That's the whole premise. Rich people and companies have influence
way beyond their "votes" because they have money to throw
around.
You mean you want me prove that?
That's the whole premise...You mean you want me prove that?
No, carrick, I want to bob my head and go along with your solution
to your claimed problem without your giving me a reason to believe
your premise at all.
you don't say why we should have a secret ballot instead of
being transparent.
I'm sorry, I am not going to take the time to justify the concept
of secret ballot.
I will say that making a cash contribution to a candidate should be
transparent, because of the possibility of influence
buying/pedding. Buying and selling votes is already, flat-out
illegal.
Good-bye Eric. I have to run off and do other things now. It has been a pleasure discussing this topic.
If the boss actually took the time to look up donations may by that guy, then took retaliatory action against that guy, then that would be an actionable offense and the company would fire the boss or face a civil lawsuit from that guy
And what would be your "right reasons" for justifying that?
Maybe someone or some group wants to give money to a candidate without worrying that his opponent will find some petty (or not so petty) little way to get back at them.
You mean those weasels want to avoid the consequences of their choices?
So, again, what about those "weasels" who don't want it to be
publicly known what lever they pulled in a voting booth? Why do you
defend them from consequences?
R C Dean,
"Only if you think your right to free speech isn't limited in any
way by laws that limit how many people you can communicate
with."
When I give a check to a campaign, it conveys the message that I
support that campaign to exactly the same number of people,
regardless of its size.
What else is the act of passing a check supposed to convey, that is
limited by the dollar amount?
then that would be an actionable offense and the company
would fire the boss or face a civil lawsuit from that guy (and Dave
W would gladly take his case).
No way. If I ever go into employment law, I will be employer side
all the way. Unless you are in a union, chances are great that your
employment is "at-will" and you can be terminated for any reason or
no reason at all. Any exceptions to that rule would be inapplicable
here.
The real solution for politically motivated employee is to hire an
undocumented worker to make the contribution on her behalf. This
episode of MESI shows how this kind of undocumented worker
arrangement works:
http://www.channel101.com/shows/view.php?media_id=1360
(Moses Llamas is the one to watch -- in the episode his specialty
is "sacrifice" and he fights Exploding Kevin.)
"When I give a check to a campaign, it conveys the message that
I support that campaign to exactly the same number of people,
regardless of its size."
Except, ideally, the purpose of donating a check to a campaign is
not to let people know that you support that candidate, it is to
help that candidate get his name and political ideas before the
voting public. Limiting the size of the contribution restricts that
purpose and therefore compromises free speech rights.
Your support of campaign donation limits assumes that a donation is
always a bribe, that the person making the donation expects an
untoward favor in return. That is presuming guilt. Many, if not the
large majority of people make political donations because they
believe in what the candidate, party or organization is doing and
saying.
Except, ideally, the purpose of donating a check to a
campaign is not to let people know that you support that candidate,
it is to help that candidate get his name and political ideas
before the voting public.
Bingo.
In 1996 Phil Graham raised gazillions of dollars and didn't
last past New Hampshire. Before that, John Connolly raised millions
in 1980 and got precisely one delegate at the 1980 Republican
National Convention. Money does not always traslate into
votes.
Campaign contributions are (absent fraud) used to buy advertising
time to present the candidate's position* on issues. The voters
should know the candidate's position so they can intelligently make
decisions. If voters don't like candidates' positions, the
candidates are toast.
* Every political ad presents positions. The position may be "I'm
for/against X" "My opponent is for/against X (and I'm not)" or "my
opponent is a bad person so vote against him (and BTW I don't have
a position)" or variations thereof.
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