While the vast majority of the media and blogospheric attention was on the US Supreme Court’s landmark decision on gun rights, the Court also decided an important campaign finance case today.
In Davis v. Federal Election Commission (downloadable at SCOTUS Blog), the Court considered whether section 319 of the Bipartisan Campaign Reform Act of 2002 — the so-called “millionaire’s amendmentâ€Â of the McCain-Feingold law, which relaxes campaign finance limits for opponents of congressional candidates spending more than $350,000 of their own money – violated either the First or Fifth Amendments. The Court ruled that it was unconstitutional.
At first glance, that might not seem like an important ruling, but Scott Hasen (who likely disagrees with the decision) explains why it is a big deal. First, the majority reaffirmed that Congress cannot justify election laws based on some sort of “fairness doctrine.” The majority upholds the basic tenet of election law that rejects “the notion that the government has a legitimate interest in restricting the quantity of speech to equalize the relative influence of speakers on elections.”
Second, following from the first, the opinion undermines the rationale for imposing limits on corporate and union campaign spending (as though the unions have ever really limited themselves in this regard).
Third, Hasen explains — based on his own experience — that the opinion will have the practical effect of deterring public financing systems on the state and local level, which tended to rely on a similar mechanism to overcome the objection that public financing systems could not account for independent spending groups.
Thus, Davis represents further erosion of the sorts of election law schemes dreamt up by John McCain and his friend from Wisconsin. Should the court ever strike down limits on corporate and union spending, the coalition holding the federal system together would likely collapse. Barack Obama has already done his part by rejecting public financing for the general election this year. Ed Morrissey helpfully flagged  this segment from Scott Simon on NPR’s Weekend Edition, in which Simon refers to Obama’s “we have to destroy the village to save it†rationalization (and attacks Obama’s accusation that the McCain campaign would conduct race-based attacks on his candidacy, but I digress).
Like the gun rights case, Davis was a 5-4 decision. Hasen rightly notes that it reflects the importance of Chief Justice Roberts and Justice Alito joining the Court. McCain almost certainly does not like today’s decision (regardless of what he may say — if anything — in public), yet has promised to nominate jurists like Roberts and Alito if he is elected president. Obama opposed the nominations of Roberts and Alito. It is yet another timely reminder that a president’s judicial nominees are among his (and someday her) most lasting legacies.
Comment by cranky-d on 6/26 @ 4:18 pm #
There is no way an Alito or Roberts can get through unless the 2010 elections return the house and senate to the Rs again. Still, I would like to be wrong on that.
Comment by Log Cabin on 6/26 @ 4:22 pm #
All this might have been avoided if President Bush had simply vetoed McCain Feingold and said, “I cannot support this obviously unconstitutional law.”
But that would probably only delayed it until a Democrat President signed a much worse version of ‘reform’.
Comment by cranky-d on 6/26 @ 4:23 pm #
Bush forgot that it is everyone’s duty to safeguard the constitution, not just the Supremes.
Comment by Spies, Brigands, and Pirates on 6/26 @ 4:28 pm #
There is no way an Alito or Roberts can get through unless the 2010 elections return the house and senate to the Rs again. Still, I would like to be wrong on that.
Hmm… there’s not actually a requirement to replace Justices if they step down or die, is there? The number on the Supreme Court has varied considerably over the years.
If McCain wanted to play hardball (yeah, right), he could just wait for Stevens and Ginsburg to keel over, then announce that it was going to be his way or nothing. I could live with a few 5-2 or 4-2 decisions, with Scalia, Thomas, Alito, and Roberts making up the winning side.
Comment by Log Cabin on 6/26 @ 4:33 pm #
SBP,
That is some seriously clever strategery right there. I like it!
Sadly, McCain does not have the temperment to do that. I think.
Comment by happyfeet on 6/26 @ 4:41 pm #
Campaign finance came from a combination of Pew astroturfing and McCain feeling bad for being caught being a dirty moneywhore. NPR was in bed with Pew every step of the way. All is whores. Scott Simon is a whore. Baracky is an inexperienced whore. Also, M’chelle and that McCain woman? Whores. I kid you not.
Comment by The Lost Dog on 6/26 @ 5:13 pm #
“Comment by Log Cabin on 6/26 @ 4:22 pm #
All this might have been avoided if President Bush had simply vetoed McCain Feingold and said, “I cannot support this obviously unconstitutional law.â€Â
But that would probably only delayed it until a Democrat President signed a much worse version of ‘reform’.”
But McCain-Feingold is STILL the thing that pisses me off the most about Bush. There is absolutely no question that it should have been vetoed, but Bush punted his responsibility to do so, for political reasons.
Once again, unelected, and unaccountable judges have taken a bite out of the constitution, and Bush takes no blame for it.
I am a Bush supporter, but this decision was, by far, is the worst one he has made.
Comment by Karl on 6/26 @ 5:39 pm #
hf,
I’m detecting a bit of a theme from you today. It’s like a hf concept album.
Comment by happyfeet on 6/26 @ 5:48 pm #
Oh. I woke up grumpy cause I was supposed to be at a convention this coming Saturday and Sunday with a bunch of freaking librarians but I hadn’t really let myself think about it but the closer the weekend got the grumpier I got and then I got more grumpy and I was about to pitch a fit and then Other Guy said hey let’s just do Saturday and not Sunday so I feel a lot better now really. Really I’ve tried and tried to keep faith with MayBee and tone down my McCain feelings but she’s been awol for awhile I think so I guess I’m slipping. Tomorrow I will bring a new resolve to this challenge.
Comment by Semanticleo on 6/26 @ 5:59 pm #
read and weep (gnashing of teeth is acceptable)
Worst June since the GREEAAAAT Depression thanks to the oil Baron Bush
http://business.smh.com.au/dow-slumps-to-worst-june-since-depression-20080627-2xm9.html
Comment by B Moe on 6/26 @ 6:19 pm #
Tell me something, cleo, do you agree with your buddy Obama and the rest of the Dems that the reason drilling isn’t the answer is that it will take at least ten years to get those wells up and running enough to make a significant impact on supply? Then wouldn’t that mean that the real problem now is that we didn’t start drilling 10 or 15 years ago so we would be ready for something like this? And who was President back then?
Comment by kelly on 6/26 @ 6:35 pm #
Uh, cleo, what was the level of the DJIA circa 1930?
Bonus question: you suppose there is any correlation between equity traders instincts and any or all of the current campaign blather?
Cretin.
Comment by Big Bang Hunter (pumping you up) on 6/26 @ 6:40 pm #
“The majority upholds the basic tenet of election law that rejects “the notion that the government has a legitimate interest in restricting the quantity of speech to equalize the relative influence of speakers on elections.â€Â
- So then we can probably forget about the Lefts yammering for partial treatment in the broadcasting arena then, assuming the same yardsticks would apply, or do they get to cherry pick which issues apply and which do not?
Comment by McGehee on 6/26 @ 6:46 pm #
Griefing, Cleo? Shouldn’t you have something to grief us with?
Comment by Ric Locke on 6/26 @ 6:49 pm #
Democrats have blocked drilling whenever possible.
Democrats have blocked exploitation of oil shale.
Democrats have blocked refinery expansion.
Democrats have blocked pipeline expansion.
Democrats have insulted oil producers.
Democrats have threatened to confiscate oil producers’ money.
Democrats have blocked coal development.
Democrats have blocked clean coal techniques.
Democrats have blocked nuclear power.
Democrats have supported converting food to fuel.
Democrats have supported massive subsidies for energy non-producers (windmills, e.g.)
Democrats have required energy producers to make up for non-producers.
The United States economy depends on inexpensive energy. Democrats have made every possible effort in the past to make energy as expensive and unavailable as possible. In fact, every time the Democratic Congress does something else stupid the price goes up a few bucks. At this rate oil will be $1000 a barrel by election time. George Bush called the Saudis and got them to increase output, which was gobbled up immediately by other people who want energy and expect the US Congress to do something else stupid that they can profit from. But the fall of the stock market is all because of the eeeeeeeeeeevil George Bush.
Suuuuuuuure, cleo.
Regards,
Ric
Comment by Big Bang Hunter (pumping you up) on 6/26 @ 7:18 pm #
- So then clueless cleo, what part of “anything that hurts America, our fight against our enemies, our safety, and our economy, is good for the Dems” are you the most proud of?
Comment by banned in colorado on 6/26 @ 8:35 pm #
Second, following from the first, the opinion undermines the rationale for imposing limits on corporate and union campaign spending (as though the unions have ever really limited themselves in this regard).
oh, yeah, big bad evil unions win ‘em every thyme. huka, huka, huka Bias
eh, cleo? it’s just the beginning of the unraveling of the unregulated markets, the Enron loophole, the payday lenders who legally did more harm than any Mafia loanshark ever did charging usury rates of upwards to 200 percent. And now it’s commodities bought on margins of 2 to 5 percent! Just like WallStreet did on stocks in 1929. Those Amway greedheads with no tastes and few scruples. They sell NuSkin Pyramids of greed. Sad, these fools actually believed Reagan was a patriot.
Comment by Mikey NTH on 6/26 @ 8:45 pm #
Because it will take a long time we should do nothing? I think we should start sooner to have that time reduced.
Or does that only work for alternative energy proposals? BTW, oil is a small percentage of US electricity generation. The bulk is coal, and hydro, and nuke. Natural gas is used mostly for peaking plants, not base plants. Electric vehicles, no matter when they are charged, will require more base load plants, and will require more transmission lines.
Just food for thought.
Comment by Big Bang Hunter (pumping you up) on 6/26 @ 8:55 pm #
- That particular meme is total bullshit, but then the Left has never shied ME from lying through its teeth.
- If we announced tomorrow morning that we were opening up the Colorado shale deposite, estimated at some 800 billion barrels of recoverable oil, the speculation markets would take a dump faster than Michele Moore after a full night of double cheese pizza’s and strawberry daiquiri’s.
- Cluebat for the twatweasle Dems. Thats why its called “speculation”. What do they think the speculation for oil prices would be if even just the potential of a quadrupling of available oil resource, plus the promise of essentially dependency free oil were even a good possibility.
- They’re lying out through their asses again, and the whole country is going to suffer because none of the assholes that make the decisions know enough to call then on it, apparently not even McDinosaur.
Comment by happyfeet on 6/26 @ 9:28 pm #
McCain I think gets a big gold star and also a scatch-n-sniff sticker to take home for the offshore drilling thing. That was pretty astounding I thought. Yeah, I know Dems in Congress blah blah blah, but it does seem to be a sign that he’s figured out that this oil stuff is of some significance and import.
Comment by troy mcclure on 6/26 @ 9:59 pm #
I think we’ve found DataDave, ‘banned in Colorado’; I’m sure this has something to do with campaign finance
but I don’t know what?
Comment by Big Bang Hunter (pumping you up) on 6/26 @ 10:37 pm #
- Anyway, I can tell they way they’re relying on lies in their arguments that the Dems are scarred shitless someone in Washington, particularly in the McCain camp will see the hand writing on the wall, and take the damn initiative.
- If McCain fucks around on this much longer, and Obama does one of his famous “Kerry flops” with a strong well worded plan that puts some real muscle in our energy recovery, he could practically waltz into the White house. Which ever candidate “gets it” first will win this election. Period. The American people are fast running out of patience. With the Iraq war running down, its a no-no for the Dems to even discuss, let alone make an issue out of. The gas prices, the falling stock market, the cost of just the basic necessities, is driving the middle class into the damn ground, and at some point soon nobodies going to give a shit about partisan politics. Most people are already there, and neither party is listening.
- People are really hurting, all people, not just Conservatives. Even people that count themselves as Dems are going to say “Enough fucking around already, and you can stuff all the climate change theory crap, I need to feed my family”. The candidates, at least one of them, better wake the fuck up. 100’s of millions Americans have to make a living, and making a paycheck is a galaxy away from fucking poli-sci 101.
Pingback by No Runny Eggs » Blog Archive » The Morning Scramble - 6/27/2008 on 6/26 @ 11:03 pm #
[...] Karl reminds us that another conservative victory came out of SCOTUS; the axing of the “Millionares’ Amendment”. [...]
Comment by The Lost Dog on 6/27 @ 12:00 am #
“Comment by happyfeet on 6/26 @ 4:41 pm #
Campaign finance came from a combination of Pew astroturfing and McCain feeling bad for being caught being a dirty moneywhore. NPR was in bed with Pew every step of the way. All is whores. Scott Simon is a whore. Baracky is an inexperienced whore. Also, M’chelle and that McCain woman? Whores. I kid you not.”
HF,
You really are pissing me off, because I can’t avoid the fact that you are absolutely on the money.
Comment by The Lost Dog on 6/27 @ 12:30 am #
” Worst June since the GREEAAAAT Depression thanks to the oil Baron Bush”
And the Dems are chortling because this is EXACTLY what they have been pushing for. Tie EVERYONE’S hands behind their backs (especially the oil companies), and then blame Bush for the fact that nothing can get done.
NO! Tou can’t drill for oil!
NO! You can’t build wind farms!
NO! You can’t build nuclear power plants!
NO! You can’t use enough land to make solar power even close to efficient!
NO! You can’t do anything but suffer! Stupid assholes! WE are the world!
But it’s GOOD to suffer because we (leftards) say so, and promise to leave you no other option! We will block AMYTHING that resembles the old American “can do” philosophy.
The leftards who have hi-jacked the Democratic party are barely human. They are conciously trying to make people suffer so that they can step in and make them suffer even more.
“Suffer! Suffer! Suffer!”
The real motto of the left…
“Equal misery for all!” Fuck equal opportunity. Their base, unfortunately, is basically composed of people who are in the running for the “Darwin awards”. What’s scary is that there are almost enough of these losers to win a national election.
“Something for nothing!” The leftards plaintive cry…
Comment by The Lost Dog on 6/27 @ 12:43 am #
“Comment by Mikey NTH on 6/26 @ 8:45 pm #
Because it will take a long time we should do nothing? I think we should start sooner to have that time reduced.
Or does that only work for alternative energy proposals? BTW, oil is a small percentage of US electricity generation. The bulk is coal, and hydro, and nuke. Natural gas is used mostly for peaking plants, not base plants. Electric vehicles, no matter when they are charged, will require more base load plants, and will require more transmission lines.
Just food for thought.”
Mikey NTH,
You just don’t get it. Electric cars will be recharged by Gaia, and will cost consumers NOTHING! We can probably even rebury a lot of coal when electric cars become mainstream.
Comment by memomachine on 6/27 @ 3:25 am #
Hmmm.
I don’t believe for one single second that McCain will nominate a conservative to the SCOTUS.
Comment by B Moe on 6/27 @ 4:59 am #
it’s just the beginning of the unraveling of the unregulated markets, the Enron loophole, the payday lenders who legally did more harm than any Mafia loanshark ever did charging usury rates of upwards to 200 percent.
Yup, banned in colorado has seen behind the curtain. Our entire economy is built on the backs of payday lenders. Moron.
Comment by banned in colorado on 6/27 @ 5:35 am #
troy, who’s banned in colorado, me? or jeff at the dem. convention? who knows? semicleo just did a drive by and off you all go following……attention deficit syndrome?
Just think about the theme: regulations. Why limit immigration for instance? NuSkin, a company represented by a certain Utah politician who just pulled an upset in a conservative district over a consistant Bush supporter is indicative of an unethical thread of conservatives. Before 9/11 conservatives were pro immigration as it drove down the cost of labor and was a form of free trade. Now? as the economy tanks and people are turning against conservatives as labor is losing wages and jobs and conservatives are justifiably losing their vote, then as pathetically as possible conservatives cling to 9/11 as an excuse to close borders… and to stop dark skinned people from hanging out on street corners giving an ominous caste to our caste system. Terrorism? Perhaps Truth is terrorism.
Letting millionaires buy votes? Just another free trade issue that the Robert’s court seems at least consistent. Maybe the Mexican drug cartel can buy the neighborhoods of DC automatic weapons for their dealers there as they sure buy a lot of American weapons for their local assassins from American gun dealers. And some here think this isn’t a conservative court? Off to Utah!
Comment by Rob Crawford on 6/27 @ 6:19 am #
Not really. It was one of the most hotly argued issues among conservatives; still is.
But you keep living in your fantasy world, ‘k?
Comment by B Moe on 6/27 @ 6:29 am #
Before 9/11 conservatives were pro immigration as it drove down the cost of labor and was a form of free trade.
He is also left out the word “legal” which figures rather prominently in most immigration discussions around here.
Comment by banned in colorado on 6/27 @ 6:32 am #
fantastic! Give Republicans more Rope to hang us with! That’s your argument?
Comment by JD on 6/27 @ 6:59 am #
Good morning, datamoron.
Comment by McGehee on 6/27 @ 8:10 am #
If the gibbet fits…
Comment by Semanticleo on 6/27 @ 8:48 am #
Magoo’s a real man’s man. He’s gonna happy horseshit himself as he goes down with the Good Ship Lollipop. RWR would be proud of your delusion.
Comment by Education Guy on 6/27 @ 8:54 am #
A little help here? I seem to have misplaced my crazy decoder ring.
Comment by Semanticleo on 6/27 @ 9:01 am #
“A little help here?”
You just want a little? That seems almost cruel.
Comment by Education Guy on 6/27 @ 9:04 am #
Almost cruel I can live with. Given the less than coherent nature of your comments, cruel seems to be something you are intimately familiar with.
Comment by Semanticleo on 6/27 @ 9:14 am #
‘Education Guy’ is supposed to be ironic, right?
Or maybe you teach children how to be obtuse. But you don’t say what KIND of education, do you?
Comment by Education Guy on 6/27 @ 9:17 am #
It helps your sense of self to speak in riddles doesn’t it leo? If you were to just come out and say what you mean you would be denied the room to retreat that your well thought out ideas need.
That said, I appreciate your concern regarding my sn.
Comment by Semanticleo on 6/27 @ 9:25 am #
“denied the room to retreat that your well thought out ideas need.”
And this friendly environment is just what you need to keep the thread of your fragile world view from unraveling. What do you get out of posting here? I think of all the lurkers who see through the masks of reasoned intellect when I assist in dismantling that feeble notion.
Comment by Education Guy on 6/27 @ 9:32 am #
Yes the silent masses are behind your incoherent ramblings. You seem to expend a lot of energy to avoid having to expound on your riddles, so I have to assume it’s because you lack the conviction of your beliefs. My calling you Nancy for a couple of days was cruel, but your inability to stand up and articulate your beliefs in an understandable way is just pathetic.
Comment by Semanticleo on 6/27 @ 9:41 am #
“articulate your beliefs in an understandable way is just pathetic.”
I do hate repeating myself, but I don’t write for Remedial Student consumption. The Special Needs classes require a recommendation.
I don’t hear any hisses for the open-ended, plausibly denied posts of Glen Reynolds. I apologize if you are not able to discern the point of my comments. It’s not my intention to exclude the challenged. It’s just that it is too difficult and requires too much time to separate those who wish to know but haven’t the depth, from those disingenuous weasels who seek to bait the trap for the Trapper.
Comment by Education Guy on 6/27 @ 9:47 am #
Yes, yes. I know very well that you are enamored with yourself. Perhaps the problem is simply that you are insane and think that everyone can hear your internal dialogs. It doesn’t really matter, and in the future I will just look at your comments with pity.
Comment by Rob Crawford on 6/27 @ 9:51 am #
He doesn’t comment here.
Plus, he quite often makes his position clear, when he has a position. All you do is squat, crap, and then whine when people ask you to explain yourself.
So do you have a point? Or are you wanking furiously in anticipation of the show trials an Obama administration will bring?
Comment by Semanticleo on 6/27 @ 9:53 am #
“ill just look at your comments with pity.”
More’s the pity.
Comment by Slartibartfast on 6/27 @ 9:55 am #
Typical. Nothing to say, but endless time to not say it.
Comment by Education Guy on 6/27 @ 9:59 am #
No, slart. He explained all that. The problem is that we are too stupid to see his brilliance. It’s obvious. Duh!
Comment by Semanticleo on 6/27 @ 10:07 am #
“The problem is that we are too stupid to see his brilliance. It’s obvious. Duh!”
You miss the point again. I write to stimulate those open to amending their opinions, attitudes and beliefs. The closed loops (and they are LEGION) are not my target.
God help our children if this guy is teaching them. Bring back the Socratic Method before it’s too late.
Comment by maggie katzen on 6/27 @ 10:12 am #
but isn’t that soooo much easier to do with drugs?
Comment by McGehee on 6/27 @ 11:24 am #
Really? Where?
‘Cause, you could probably find an audience for that here, too — if we ever saw any examples.
Comment by Education Guy on 6/27 @ 11:41 am #
When I teach someone something, I understand the most important thing is that they understand what it is that is being taught. Anything else is a failure on my part. It isn’t teaching if they aren’t learning. You on the other hand, are just an arrogant douche with perhaps a side of teh crazy.
But don’t worry. I’m not a teacher. But you will always be Nancy, so I guess we all have our concerns.
Comment by Rob Crawford on 6/27 @ 1:33 pm #
Wrong. You write to show your dedication to the party line. If you were interested in influencing anyone, you would explain your points and write clearly. Purposefully obscuring your points behind buzzwords, elliptic references, and non sequitors speaks only to the fellow believers.
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