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Author: Frederick Gilbert Slabach Publisher: ISBN: Category : Law Languages : en Pages : 638
Book Description
This new edition assembles the scholarship of some of the most prominent critics and supporters of jurisprudence on the U.S. Constitution and campaign finance. Contributors include academics, judges, reform advocates and practitioners, including Columbia law professor Richard Briffault, Chicago law professor Case R. Sunstei, former FCC Commission Chairman Reed Hundt, Democracy 21 president Fred Wertheimer, and former U.S. Court of Appeals for the D.C. Circuit Judge J. Skelly Wright. Among many important topics, the new edition discusses the concept of money as speech, the possible compelling state interests necessary to justify government limitations, and various alternative methods of regulating campaign finance. The new edition includes discussions of the 2002 Bipartisan Campaign Reform Act (the so-called McCain-Feingold Legislation), the 2003 U.S. Supreme Court decision in McConnell v. FEC, and entities organized under Internal Revenue Code section 527. The organization of the materials allows the addition of campaign finance module for existing Constitutional Law, Election Law, First Amendment, and Political Science courses or the creation of a separate course on this important subject. "A well-rounded collection of contrasting arguments." -- Law & Politics Book Review
Author: Frederick Gilbert Slabach Publisher: ISBN: Category : Law Languages : en Pages : 638
Book Description
This new edition assembles the scholarship of some of the most prominent critics and supporters of jurisprudence on the U.S. Constitution and campaign finance. Contributors include academics, judges, reform advocates and practitioners, including Columbia law professor Richard Briffault, Chicago law professor Case R. Sunstei, former FCC Commission Chairman Reed Hundt, Democracy 21 president Fred Wertheimer, and former U.S. Court of Appeals for the D.C. Circuit Judge J. Skelly Wright. Among many important topics, the new edition discusses the concept of money as speech, the possible compelling state interests necessary to justify government limitations, and various alternative methods of regulating campaign finance. The new edition includes discussions of the 2002 Bipartisan Campaign Reform Act (the so-called McCain-Feingold Legislation), the 2003 U.S. Supreme Court decision in McConnell v. FEC, and entities organized under Internal Revenue Code section 527. The organization of the materials allows the addition of campaign finance module for existing Constitutional Law, Election Law, First Amendment, and Political Science courses or the creation of a separate course on this important subject. "A well-rounded collection of contrasting arguments." -- Law & Politics Book Review
Author: Robert C. Post Publisher: Harvard University Press ISBN: 0674369610 Category : Law Languages : en Pages : 265
Book Description
The Supreme Court’s 5–4 decision in Citizens United v. Federal Election Commission, which struck down a federal prohibition on independent corporate campaign expenditures, is one of the most controversial opinions in recent memory. Defenders of the First Amendment greeted the ruling with enthusiasm, while advocates of electoral reform recoiled in disbelief. Robert C. Post offers a new constitutional theory that seeks to reconcile these sharply divided camps. Post interprets constitutional conflict over campaign finance reform as an argument between those who believe self-government requires democratic participation in the formation of public opinion and those who believe that self-government requires a functioning system of representation. The former emphasize the value of free speech, while the latter emphasize the integrity of the electoral process. Each position has deep roots in American constitutional history. Post argues that both positions aim to nurture self-government, which in contemporary life can flourish only if elections are structured to create public confidence that elected officials are attentive to public opinion. Post spells out the many implications of this simple but profound insight. Critiquing the First Amendment reasoning of the Court in Citizens United, he also shows that the Court did not clearly grasp the constitutional dimensions of corporate speech. Blending history, constitutional law, and political theory, Citizens Divided explains how a Supreme Court case of far-reaching consequence might have been decided differently, in a manner that would have preserved both First Amendment rights and electoral integrity.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution Publisher: ISBN: Category : Political Science Languages : en Pages : 212
Author: Monica Youn Publisher: ISBN: 9780870785214 Category : Law Languages : en Pages : 0
Book Description
"A brilliant collection of essays on one of the most important contemporary constitutional issues: when can and should the government be able to regulate campaign spending? Each essay offers original insights, and together they are a superb examination of the intersection of politics and constitutional law. If there is to be a new jurisprudence in this area, this book is likely its foundation."--Erwin Chemerinsky, founding dean, School of Law, University of California-Irvine In the U.S. Supreme Court case Citizens United v. Federal Election Commission, five justices ruled that corporations and unions had a constitutional right to spend unlimited sums in elections. In so doing, they overturned decades of precedent and dozens of laws. The ruling earned banner headlines, a sharp State of the Union rebuke, and public disapproval hovering near 80 percent in the polls. In the 2010 election that followed, independent spending spiked, much of it done secretly. The decision ranks among the Court's most controversial and consequential. This volume is an attempt to map out the complex labyrinth that led to Citizens United and to explore where this decision may lead. The chapters in it arose from a symposium sponsored by NYU's Brennan Center for Justice just nine weeks after the Citizens United decision was announced.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution Publisher: ISBN: Category : Campaign funds Languages : en Pages : 148
Author: Samantha Sellinger Publisher: Princeton University Press ISBN: 1400824710 Category : Political Science Languages : en Pages : 301
Book Description
At a time when campaign finance reform is widely viewed as synonymous with cleaning up Washington and promoting political equality, Bradley Smith, a nationally recognized expert on campaign finance reform, argues that all restriction on campaign giving should be eliminated. In Unfree Speech, he presents a bold, convincing argument for the repeal of laws that regulate political spending and contributions, contending that they violate the right to free speech and ultimately diminish citizens' power. Smith demonstrates that these laws, which often force ordinary people making modest contributions of cash or labor to register with the Federal Election Commission or various state agencies, fail to accomplish their stated objectives. In fact, they have worked to entrench incumbents in office, deaden campaign discourse, burden grassroots political activity with needless regulation, and distance Americans from an increasingly professional, detached political class. Rather than attempting to plug "loopholes" in campaign finance law or instituting taxpayer-financed campaigns, Smith proposes a return to core First Amendment values of free speech and an unfettered right to engage in political activity. Smith finds that campaign contributions have little corrupting effect on the legislature and shows that an unrestrained system of contributions and spending actually enhances equality. More money, not less, is needed in the political system, Smith concludes. Unfree Speech draws upon constitutional law and historical research to explain why campaign finance regulation is doomed and to illustrate the potentially drastic costs of efforts to make it succeed. Whatever one thinks about the impact of money on electoral politics, no one should take a final stand without reading Smith's controversial and important arguments.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties Publisher: ISBN: Category : Law Languages : en Pages : 184
Author: Ronald Collins Publisher: Top Five Books LLC ISBN: 1938938143 Category : Law Languages : en Pages : 319
Book Description
“A brilliant discussion of campaign finance in America…a must for all who care about the American political system.” —Erwin Chemerinsky “Thorough, dispassionate, and immensely readable.” —Floyd Abrams On April 2, 2014, the U.S. Supreme Court struck down aggregate limits on how much money individuals could contribute to political candidates, parties, and committees. The McCutcheon v. FEC decision fundamentally changes how people (and corporations, thanks to Citizens United) can fund campaigns, opening the floodgates for millions of dollars in new spending, which had been curtailed by campaign finance laws going back to the early 1970s. When Money Speaks is the definitive—and the first—book to explain and dissect the Supreme Court’s controversial ruling in McCutcheon, including analysis of the tumultuous history of campaign finance law in the U.S. and the new legal and political repercussions likely to be felt from the Court’s decision. McCutcheon has been billed as “the sequel to Citizens United,” the decision giving corporations the same rights as individuals to contribute to political campaigns. Lauded by the Right as a victory for free speech, and condemned by the Left as handing the keys of our government to the rich and powerful, the Court’s ruling has inflamed a debate that is not going to go away anytime soon, with demands for new laws and even a constitutional amendment on the Left—while many on the Right (including Justice Clarence Thomas in his concurring opinion) call for an end to all contribution limits. Two of the nation’s top First Amendment scholars—Ronald Collins and David Skover—have produced a highly engaging, incisive account of the case, including exclusive interviews with petitioner Shaun McCutcheon and other key players, as well as an eye-opening history of campaign finance law in the U.S.
Author: Frederick Gilbert Slabach
Author: United States. Congress. Senate. Committee on Rules and Administration
Author: Frederick Gilbert Slabach
Author: United States
Author: Robert C. Post
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Author: Monica Youn
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution
Author: Samantha Sellinger
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties
Author: Ronald Collins