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"Federal Election Campaign Act"
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The Populist Paradox
2011
Do small but wealthy interest groups influence referendums, ballot initiatives, and other forms of direct legislation at the expense of the broader public interest? Many observers argue that they do, often lamenting that direct legislation has, paradoxically, been captured by the very same wealthy interests whose power it was designed to curb. Elisabeth Gerber, however, challenges that argument. In this first systematic study of how money and interest group power actually affect direct legislation, she reveals that big spending does not necessarily mean big influence.
Gerber bases her findings on extensive surveys of the activities and motivations of interest groups and on close examination of campaign finance records from 168 direct legislation campaigns in eight states. Her research confirms what such wealthy interests as the insurance industry, trial lawyer associations, and tobacco companies have learned by defeats at the ballot box: if citizens do not like a proposed new law, even an expensive, high-profile campaign will not make them change their mind. She demonstrates, however, that these economic interest groups have considerable success in using direct legislation to block initiatives that others are proposing and to exert pressure on politicians. By contrast, citizen interest groups with broad-based support and significant organizational resources have proven to be extremely effective in using direct legislation to pass new laws. Clearly written and argued, this is a major theoretical and empirical contribution to our understanding of the role of citizens and organized interests in the American legislative process.
Unfree Speech
2009,2001,2003
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. InUnfree 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 Speechdraws 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.