Law Commons^™

Citizens United V. Federal Election Commission, And The Inherent Unfairness To The “Un-United” American Citizen, Christopher J. Kantor

Writing Across the Curriculum

Among contemporary United States Supreme Court rulings that have impacted the structure of our nation, the 2010 case Citizens United v. Federal Election Commission resulted in significant political campaign finance reform that gave rise to an election system influenced by money, corporations, and powerful individuals. The ruling of Citizens United allows for the unlimited spending of corporations and labor unions on political expenditures and the limited disclosures of these campaign donors. This overturned precedent established in the 1990 case Austin v. Michigan Chamber of Commerce and the 2003 case McConnell v. Federal Election Commission, the respective rulings of which …

Profile In Public Integrity: Karl Racine, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Attorney General Karl A. Racine is the first elected Attorney General of the District of Columbia. With his inauguration at the beginning of 2015, the Office of the Attorney General (OAG) began an era of independence for the agency and accountability to District residents. As the chief legal officer for the District of Columbia, Attorney General Racine relies on his prior legal and leadership experience as a public defender and the first African-American managing partner of a top-100 US law firm, Venable LLP, to advise the Mayor and District agencies, defend the city in court and use the law to …

Constitutional Barriers To Congressional Reform, John M. Greabe

Law Faculty Scholarship

Americans celebrate our Constitution as a beacon that can guide us through difficult situations. And justly so. But at times, the Constitution also has stood as a barrier to necessary reform.

A New Frontier In Campaign Finance Regulation, John M. Greabe

Law Faculty Scholarship

In recent years, the United States Supreme Court has taken what many regard as a doctrinaire approach to campaign finance regulation. It has seized on the indisputable proposition that limits on campaign expenditures and contributions implicate important First Amendment values and, pressing the proposition to logical extremes, invalidated a number of federal and state laws that had imposed such limits.

This newspaper editorial discusses recently proposed legislation in the state of New Hampshire that would collect fees on expenditures made by individual political candidates, PACs, and Super PACS. The collected fees would be used to help the state justice department …

Politics At Work After Citizens United, Ruben J. Garcia

Scholarly Works

There are seismic changes going on in the political system. The United States Supreme Court has constitutionalized the concentration of political power in the "one percent" in several recent decisions, including Citizens United v. FEC. At the same time, unions are representing a shrinking share of the workforce, and their political power is also being diminished. In order for unions to recalibrate the balance of political power at all, they must collaborate with grassroots community groups, as they have done in several recent campaigns. There are, however, various legal structures that make coordination between unions and nonunion groups difficult, …

Contracting Around "Citizens United", Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

The Supreme Court's decision in Citizens United v. FEC is widely considered a major roadblock for campaign finance reform, and particularly for limiting third party spending in federal elections. In response to the decision, commentators, scholars, and activists have outlined a wide range of legislative and regulatory proposals to limit the influence of third party spending, including constitutional amendments, public financing programs, and expanded disclosure rules. To date, however, they have not considered the possibility that third party spending can be restrained by a self-enforcing private contract between the opposing campaigns. This Essay argues that private ordering, rather than public …

Interview With Ernest F. “Fritz” Hollings By Andrea L’Hommedieu, Ernest 'Fritz' F. Hollings

George J. Mitchell Oral History Project

Biographical Note
Ernest F. “Fritz” Hollings served in WWII, represented Charleston in the S.C. House, 1949-1954, and served as Lt. Governor and Governor, 1955-1963, and U.S. Senator, 1966-2005. In the House, he supported anti-lynching legislation, a sales tax for education, an increase in teacher salaries, and unemployment compensation reform. He went after industrial interests as Lt. Governor and built on this success as Governor. He worked to improve the state's educational system at all levels, develop industry, and balance the budget. As Senator, he cultivated a lasting interest and devotion to issues including campaign financing, international trade, public education, space …

Campaign Speech Law With A Twist: When The Government Is The Speaker, Not The Regulator, Helen Norton

Publications

Although government entities frequently engage in issue-related campaign speech on a variety of contested ballot and legislative measures, this fact has been entirely overlooked in contemporary First Amendment debates over campaign speech law specifically and government speech more generally. The Supreme Court's "campaign speech" and "government speech" dockets have focused to date on claims by private parties that the government has restricted or silenced their speech in violation of the First Amendment. In contrast, disputes over what this Article calls "governmental campaign speech" involve Free Speech Clause and other challenges by private parties who seek instead to silence the government's …

Interview With Sandy Maisel By Mike Hastings, L. Sandy Maisel

George J. Mitchell Oral History Project

Biographical Note
Louis "Sandy" Maisel was born on October 25, 1945, in Buffalo, New York. He attended Harvard, where he became involved with various campus and political organizations, and Columbia University, where he earned his Ph.D. in political science. In 1971 he settled in Maine, working on Bill Hathaway’s campaign for Senate, teaching at Colby College, and volunteering for Maine Democrats, including George Mitchell. In 1977, Maisel was the research director for the House Commission on Administrative Review. In 1978, he ran unsuccessfully in the congressional primary in Maine. At the time of this interview he was professor of government …

Interview With Bob Rozen (1) By Diane Dewhirst, Robert 'Bob' M. Rozen

George J. Mitchell Oral History Project

Biographical Note
Robert Martin “Bob” Rozen was born on December 11, 1955, in Richmond, Kentucky, to Morris and Rosalyn (Eilenberg) Rozen. He majored in Soviet studies at Miami University (Ohio), graduating in 1977; he earned his law degree at George Washington University. He interned for Senator Wendell Ford as a legislative assistant for the Senate Finance Committee and then continued to work for him after law school. He also earned a master’s in tax law from Georgetown University. He worked on Senator Mitchell’s staff addressing tax, trade, and financial service issues.

Summary
Interview includes discussion of: Rozen’s working for Wendell …

Interview With Fred Wertheimer By Diane Dewhirst, Fred Wertheimer

George J. Mitchell Oral History Project

Biographical Note
Fred Wertheimer was born on January 9, 1939, in Brooklyn, New York. He is a graduate of the University of Michigan and Harvard Law School. From 1981 to 1995 he served as president of Common Cause, a nonpartisan citizens’ lobby, and he worked with Senator Mitchell on campaign finance reform issues while he was president of Common Cause. At the time of this interview he was president of Democracy 21, a nonprofit organization that promotes the government reform of campaign finance, lobbying, and ethics. He is married to Linda Wertheimer, the senior national correspondent for National Public Radio. …

Interview With Dale Bumpers By Brien Williams, Dale L. Bumpers

George J. Mitchell Oral History Project

Biographical Note
Dale L. Bumpers was born on August 12, 1925, in Charleston, Arkansas. He attended the University of Arkansas, and during World War II he served in the U.S. Marine Corps. After being discharged, he attended Northwestern University Law School in Evanston, Illinois, where he received his law degree in 1951. He then returned to Charleston, Arkansas, where he began practicing law the following year. He ran for the state House in 1962 but lost. In 1970, he made a successful run for governor of Arkansas. He was elected to the U.S. States Senate in 1974, where he served …

A Tax Lawyer's Perspective On Section 527 Organizations, Gregg D. Polsky

Scholarly Works

Proponents of campaign finance reform generally assume that, by definition, all section 527 organizations are partisan, election-driven organizations. They also believe that by self-identifying to the IRS, these organizations receive substantial tax benefits. Based on these presuppositions, reformers argue that strict regulation of 527organizations is both constitutional and normatively beneficial. In this Essay, I argue that once section 527 is carefully analyzed from a tax perspective, it becomes evident that these assumptions are flawed. Ultimately, I conclude that section 527 should not be used as a mechanism for regulating campaign finance

Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger

Scholarly Works

This Article examines the metaphorical and metonymical framing of corporate money in Supreme Court decisions about campaign finance regulation. Metaphorical influences (corporation as a person, spending money as speech, marketplace of ideas as the model for First Amendment analysis) affected early decisions about the regulation of corporate spending in election campaigns. Later, a metonymical move to isolate corporate money and then to focus on its malevolent tendencies displaced the earlier view of corporate money as speech. This movement was best depicted in McConnell v. Federal Election Commission, 540 U.S. 93 (2003), the Supreme Court's 2003 decision on the Bipartisan Campaign …

Comments On Campaign Finance Reform, Henry P. Monaghan

Faculty Scholarship

Realistically viewed, the public does not care much about campaign finance. However, the commentators and politicians involved with the campaign process care a great deal. Yet, of those who have expressed any view at all about our topic, few still believe that the existing distinction between expenditures and contributions is satisfactory.

I agree with Judge Winter's statement that, from the point of view of the speaker, the distinction between contributions and expenditures is pretty weak. This is because the choice between the two is made by a donor, who looks for the most efficient way to espouse political ideas and …

Spending Limits And The Squandering Of Candidates' Time, Vincent A. Blasi

Faculty Scholarship

Today I begin with a narrow agenda, a single idea, but an extravagant ambition. My narrow agenda is that I wish to address only the topic of campaign spending limits, and only the issue of their constitutionality in the face of First Amendment objections. The policy questions regarding whether spending limits are equitable, efficacious, and/or enforceable are deeply difficult and interesting but beyond my ken on this occasion.

My single idea is that spending limits are best justified on the ground that they protect candidates for office from having to devote an inordinate amount of their time to the task …

Campaign Finance Reform, California Research Bureau

California Agencies

This Issue Summary examines the financing of political campaigns in California over the past twenty years. The materials focus primarily upon state legislative elections which provide a large sample size and allow for generalizations across election cycles. Data from initiative campaigns and statewide elections are used to illustrate key points.