Today Robert Samuelson of the WaPo has an excellent op-ed on the incompatibility of the 1st Amendment and campaign finance laws. His point is
… it's logically impossible both to honor the First Amendment and to regulate campaign finance effectively. We can do one or the other -- but not both.Well, duh! This was obvious from the beginning of campaign finance reform, and glaringly obvious when we got to McCain-Feingold. [Remember the Happy Carpenter’s maxim: The secret of success is having the courage to see the obvious.] If abstract reasoning was too hard for the editorial boards of newspapers and way too hard for Congressmen, Senators, and Presidents, then we have the current dust-up for empirical proof. The Kerry Campaign has officially requested the FEC investigate and prosecute the Swift Boat Veterans for Truth for illegal “coordination” with the Bush Campaign.
If this is not censorship, what is? Or to quote Mr. Samuelson
There's an indestructible inconsistency between the language of the First Amendment and campaign finance laws. Why shouldn't veterans coordinate with Bush? Why shouldn't Democratic 527s coordinate with Kerry? The Supreme Court upholds the campaign finance laws simply by ignoring the First Amendment's language.But Mr. Samuelson is pulling his punches. The Supreme Court is not ignoring the 1st Amendment’s “language”; the Supreme Court is ignoring the Bill of Rights. After all, if the 2nd Amendment can be ignored, why not the 1st? The 10th was thrown out long ago. When will we realize the courts are staging a slow-motion coups d’etat? When journalists start spending time in jail the 4th estate will wake up to the value of strict-constructionist judgment. The question is, will they be able to see it before then?
I firmly believe that major media supported the McCain-Feingold fiasco because the time restrictions on campaign speech put more power into their hands. It was a case of throwing aside principals for power and money. I also believe that the Left has always been in favor of the court’s making stuff up because what the courts made up usually went the left’s way; furthermore, Lefty positions being so unpopular, it was the only way for them to achieve their objectives. But at least Mr. Samuelson is starting to get it.
And by the way, President Bush’s signing of McCain-Feingold was the biggest failure of his administration. I remember at the time many folks were saying “Go ahead and sign it. You’ll get credit for attempting campaign finance reform, and the Supreme Court will throw it out anyway.”
Holy crap. I can hardly imagine the naiveté of depending on the Supreme Court to hold itself in check for the purpose of protecting our liberties. And we have the President’s statement from Monday saying, paraphrased, “This kind of thing (free speech exercized by 527 committees) is bad for the system.” Like how, exactly, Mr. President? Why shouldn’t groups of veterans get together and independently (more or less) produce any kind of ad or book they choose? Why is the 1st Amendment bad for the system? And which system are you talking about?
Major screw-up, Mr. President. Major.
UPDATE below:
Continue reading "So where was the Washington Post during the so-called campaign finance debates?" »