Publisher's Note: One of the most significant things you can do to promote Liberty is to support our mission. Please make your gift to the 2024 Year-End Campaign today. Thank you! —Mark Alexander, Publisher

January 18, 2012

Misguided Efforts Gave Us the Pretense of ‘Independent’ Campaign Spending

Winning Our Future, a “super PAC” that supports Newt Gingrich’s bid for the Republican presidential nomination, is spending more than $1.2 million on ads in South Carolina, which holds its primary on Saturday. That fact requires some explanation.

First, why would anyone want Newt Gingrich to be president? Second, what is a super PAC? While the former question remains a mystery, the answer to the latter reveals how the vain crusade to curb the influence of money on elections has made talking about politics needlessly cumbersome and complicated.

Winning Our Future, a “super PAC” that supports Newt Gingrich’s bid for the Republican presidential nomination, is spending more than $1.2 million on ads in South Carolina, which holds its primary on Saturday. That fact requires some explanation.

First, why would anyone want Newt Gingrich to be president? Second, what is a super PAC? While the former question remains a mystery, the answer to the latter reveals how the vain crusade to curb the influence of money on elections has made talking about politics needlessly cumbersome and complicated.

Unlike conventional political action committees, which give money to campaigns and must obey limits on the contributions they receive, super PACs spend money on their own ads and can receive unlimited contributions, including money from unions and corporations. They exist thanks to Citizens United v. FEC, the 2010 ruling in which the Supreme Court lifted restrictions on political speech by unions and corporations, plus subsequent decisions by the U.S. Court of Appeals for the D.C. Circuit and the Federal Election Commission.

Those decisions were based on the same logic as Buckley v. Valeo, the 1974 case in which the Supreme Court overturned the Federal Election Campaign Act’s spending limits. “Because virtually every means of communicating ideas in today’s mass society requires the expenditure of money,” the Court observed, restricting spending amounts to restricting speech.

At the same time, the Court upheld caps on campaign contributions (currently $2,500 per candidate for individuals, $5,000 for PACs), reasoning that the expressive value of such donations does not hinge on the amount involved and that allowing unlimited giving would invite “improper influence.”

The distinction between spending and contributions was always dubious, since the former requires the latter except for candidates who are wealthy enough to finance their own campaigns. It is even shakier now that groups like Winning Our Future and Restore Our Future (which favors Mitt Romney) are run by candidates’ former staffers and financed by familiar supporters.

The New York Times claims casino magnate Sheldon Adelson’s $5 million donation to Winning Our Future “underscores how the 2010 landmark Supreme Court ruling on campaign finance has made it possible for a wealthy individual to influence an election.” But wealthy individuals, like wealthy candidates, have always been free to spend as much of their own money on political ads as they please.

More plausibly, critics worry that super PACs encourage reckless mudslinging because candidates benefit from the groups’ attacks on their rivals but do not have to take responsibility for them. When challenged about the accuracy of independent advertising supporting them, politicians can always say, as Romney did during Sunday’s pre-primary debate, “that’s something which is completely out of the control of candidates,” who are legally barred from “coordinating” with super PACs.

But as Romney observed, “this strange situation” was produced by campaign finance regulations. Why not “let people make contributions they want to make to campaigns,” he suggested, “and let campaigns then take responsibility for their own words”?

A good question. Critics of super PACs argue that they pose essentially the same risk of corruption as unlimited campaign contributions would, since politicians are apt to be grateful to people who help them win elections. Why not do away with the pretense?

Like prostitutes who masquerade as masseuses or head shop owners who insist their fancy water pipes are intended for use only with legal herbs, super PACs have a shady reputation because of misguided prohibitions. The limits imposed by the Federal Election Campaign Act gave rise to “issue ads,” which provoked the ban on “electioneering communications” that was overturned in Citizens United; now super PACs are yet another means of getting around contribution caps.

“Improper influence” is a perennial hazard in politics. It can be kept in check by monitoring the favors that elected officials do for their supporters – and, more important, by limiting their power to dispense favors. But it cannot be regulated away by increasingly creative restrictions on speech.

COPYRIGHT 2012 CREATORS.COM

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.