The Wall Street Journal has an excellent piece on why Bradley Smith was right all along. Mr. Smith is a commissioner with the Federal Election Commission who was grilled by both parties for his opposition to the McCain-Feingold campaign finance reform bill. Now, as 527 groups start dominating the political landscape, the roles of the parties on this issue are reversing:
The FEC meets today to consider whether to rein in the nation’s newest political fund-raising machines, known in Beltway parlance as “527s” (after a section in the IRS code). The 2002 campaign-finance “reform” has handcuffed political parties, so these groups have become everyone’s favorite new outlet for raising unlimited cash for advertising and political activities. Liberal activists have exploited the 527 trend first, with George Soros and other high rollers pledging millions to a network of groups that amounts to a shadow Democratic Party.
All of which has made for some amusing, and embarrassing, reversals of principle. Democrats such as Nancy Pelosi, who for years have denounced the “corruption” of large political contributions, have suddenly discovered an intimate connection between financial donations and free speech. Liberal pundits who have devoted careers to taking dictation from Common Cause by denouncing fat cat donors are suddenly mum about 527s.
Republicans are hardly any better. After staking a claim for free speech as they fought McCain-Feingold over the years, the Republican National Committee is now suddenly urging the FEC to regulate the 527s as if they were political parties. GOP lawyers are endorsing a draft opinion by the FEC general counsel that advocates doing precisely that. This hypocrisy might help them during this election cycle, but sooner or later Republicans might well need their own 527s.
About the only honorable man in this political bordello is Mr. Smith. A Republican appointee and long-time proponent of free speech, the FEC Chairman is sticking to his long-held beliefs, arguing that the groups should be allowed to continue to raise and spend “soft money.” Mr. Smith’s views raise the chances that the six-person FEC will do the right thing.
Far from removing the influence of money in politics, McCain-Feingold has ensured that people like George Soros can use these 527 organization to spread innuendos and lies that the parties wouldn’t touch. It hasn’t stopped money and politics from intersecting, it’s merely moved the money to the periphery where there is less oversight and accountability. It has also ensured dirtier campaigns as 527 groups tend to be extremist and ideological to an extent that a party cannot be.
As I have said before, McCain-Feingold is an unconstitutional restriction on free speech and in violation of basic principles of our democracy. It will not make elections cleaner and more accountable, and in fact has already begun to do the opposite.
Mr. Smith is right – it is time for the flawed and failed idea of McCain-Feingold to be repealed and replaced with a system that preserves the rights of free speech for all.
“McCain-Feingold has ensured that people like George Soros can use these 527 organization to spread innuendos and lies….”
Richard Mellon Scaife couldn’t have said it better.