Unfettered Money: The Enabling Of Campaign “Speech”
When the Supreme Court ruled that money equals speech 35 years ago, it was responding to forces of technology and economics reshaping American politics that made it much more expensive to run a campaign. While ruling that public financing and limits on contributions are valid ways to limit donors’ undue influence, it struck down candidate, campaign and independent spending limits.
Now the court’s conservative majority is again reshaping politics, ruling that what matters most for money and speech is their “fair market” impact. The result will be closer scrutiny of public financing, while enabling even more rampant spending by wealthy candidates.
In the landmark 1976 case of Buckley v. Valeo, the court said that “virtually every means of communicating ideas in today’s mass society requires the expenditure of money,” so restricting campaign spending meant restricting political speech. The First Amendment required that political speech be unfettered, so the same was required for political spending.
But when the court ruled that money equals speech, it didn’t mean, literally, that money is speech. It meant that money enabled speech. A political contribution enabled the symbolic, or indirect, speech of the donor and the actual speech of the candidate — and may the best speech win. The focus was on enabling the speech, not the money.
That changed in 2008 when the conservative majority struck down a federal rule that had tripled the limit on campaign contributions for a candidate outspent by a rich, self-financed opponent. Justice Samuel Alito Jr. wrote that the rule diminished “the effectiveness” of the rich candidate’s spending and of his speech.
In oral argument recently, the court’s conservatives appeared ready to take their next step in restricting campaign finance reform and to strike down Arizona’s public financing mechanism called triggered matching funds. This is one of the most compelling innovations in the country. The state will match for a state-financed candidate what an opponent raises in private contributions up to triple the initial amount of state financing.
To William Maurer, the lawyer opposing the Arizona mechanism, whenever “a privately financed candidate speaks above a certain amount, the government creates real penalties for them to have engaged in unfettered political expression.” That “speaks” was not a slip, but a reinforcement of the money-equals-speech notion.
The fundamental problem, he said, is “the government turning my speech into the vehicle by which my entire political message is undercut,” because the public funds triggered are a penalty that reduces the impact of the privately financed candidate’s spending and speech. Chief Justice John Roberts Jr. made clear in the argument that he, too, sees triggered matching public funds as a limit on the privately financed candidate’s speech.
That makes no sense. Arizona’s mechanism means more candidates — not just the wealthy — will be able to run in elections. And that means more political speech, not less. But that view depends on seeing money as enabling speech, not vice versa. Money already has far too much sway everywhere in politics. If the court continues this way, the damage and corruption will be enormous.
By: Editorial, Opinion Pages, The New York Times, April 11, 2011
Grave Consequences: Wall Street Tells John Boehner To Back Off The Debt Ceiling
Republicans are growing increasingly concerned about the impact a bruising fight over raising the nation’s $14.29 trillion debt ceiling could have on U.S. financial markets.
House Speaker John Boehner (R-Ohio) has had conversations with top Wall Street executives, asking how close Congress could push to the debt limit deadline without sending interests rates soaring and causing stock prices to go lower, people familiar with the matter said. Boehner spokesman Michael Steel said Tuesday night that he was not aware of any such conversations.
Treasury Secretary Timothy Geithner has warned Congress that without new borrowing authority, the federal government could hit the statutory debt limit by May 16.
Treasury could then implement emergency measures to continuing making interest payments on existing debt until around July 8. After that, the U.S. risks going into default, an unthinkable idea to many economists and market participants who say such an event could drive scores of large banks into failure, send interest rates skyrocketing as foreign investors abandon U.S. securities and crush the already slow-going economic recovery.
Republicans and even some fiscally conservative Democrats want to use the debt limit fight as leverage to wring more significant spending cuts out of the White House. Politicians of all stripes are worried about how independents will react to a vote — or multiple stop-gap votes — to raise the debt ceiling. Many executives on Wall Street believe Washington is playing an enormously dangerous game with what is typically a non-controversial vote.
Sen. Chuck Schumer (D-N.Y.), who leads the Senate Democrats’ messaging efforts, expressed anger that Boehner was searching for leeway on the debt limit.
“The speaker seems to be testing out how far he can venture onto a frozen lake before the ice breaks. He should listen to business leaders who are telling him to watch his step. Messing around with the debt ceiling just to satisfy the tea party will lead to higher interest rates and an economic cataclysm.”
The Wall Street executives say even pushing close to the deadline — or talking about it — could have grave consequences in the marketplace.
“They don’t seem to understand that you can’t put everything back in the box. Once that fear of default is in the markets, it doesn’t just go away. We’ll be paying the price for years in higher rates,” said one executive.
Another said that “anyone interested in ‘testing’ the debt ceiling should understand the U.S. debt traded wider [with a higher yield] than Greek debt roughly five years ago. Then go ask CBO what happens to our deficits/public debt to GDP, if the 10-year [Treasury bond] goes from 3.5 percent to 5.5 percent to 7.5 percent.” The executive said such an increase would result in a downgrade of U.S. debt by ratings agencies and an end to the dollar as the standard global reserve currency.
By: Ben White, Politico, April 13, 2011
Few Heard At Wisconsin Budget “Hearing” In Milwaukee, But School Choice Advocate Denounces Walker’s Subsidy For Rich
At Monday’s public hearing in Milwaukee on Governor Walker’s budget, Wisconsin Republicans once again resorted to anti-participatory tactics to avoid criticism of their far-right agenda. Despite these efforts, strong criticisms were squeezed-in by longtime Milwaukee school choice advocate Howard Fuller, calling GOP efforts to lift income limits on school vouchers an “outrageous” program “that subsidizes rich people.”
Republicans Regulate Milwaukee Hearing
Milwaukee’s hearing at State Fair Park was the third of four statewide sessions on Walker’s proposed budget by the Republican-controlled Joint Finance Committee, and controversy arose well before the hearing began. According to the Milwaukee Journal-Sentinel, two of Milwaukee’s congresswomen, Rep. Tamara Grigsby and Sen. Lena Taylor, were concerned that many working people would be excluded because the hearing was scheduled to end at 6pm. The two arranged to hold informal sessions until 9pm to allow people to voice their opinion, then notified Joint Finance co-chairs Rep. Robin Vos (R-Burlington) and Sen. Alberta Darling (R- River Falls) about their plans.
Sen. Darling reportedly approved the Grigsby-Taylor informal hearing and Rep. Vos “said he would think about it.” However, Taylor soon received notice from State Fair Park that Vos had reserved the facility until midnight, meaning the Dems’ hearing could not take place, and Milwaukee’s working population could not have their voices heard.
According to Taylor, “This isn’t open government. This is not democracy. This is shameful.”
Beer City Blockage the Latest in a Series
Vos and Darling were unabashed about their intention to suppress opposition, with Darling telling the Journal-Sentinel “we had to take precautions so that what happened at the Capitol wouldn’t happen at State Fair Park.”
“The hearings are going to be done when we say they’re done,” Vos said.
This is only the latest in a series of Wisconsin GOP efforts to limit scrutiny and stifle dissent. On February 11, Governor Walker sought to limit deliberation on his budget repair bill by introducing it on a Friday and ordering a vote on a Tuesday (Senate Democrats thwarted these plans by leaving the state). The Walker Administration violated the constitutionally-guaranteed right of public access to the state capitol in late February, and a judge ordered it re-opened; the administration violated that order in March and a hearing on that violation is pending. On March 11, Republicans forced the union-busting budget repair bill through the Senate with minimal notice, breaking state Open Meetings laws and possibly violating the constitution’s public access guarantees.
Hearing Limits Input from Milwaukee’s Particularly-Affected Populations of Color
This latest step towards suppression is especially egregious considering Milwaukee is not only the state’s largest city, but has the most people of color, a population that will be particularly affected by Walker’s budget and budget repair bill. The plans eliminate funding for a new program to track and remedy racial profiling (the first step towards confronting Wisconsin’s atrocious record of racial disparities in incarceration); will limit eligibility for medical assistance; kicks legal immigrants off food assistance; and eliminates funding for a program that provided civil legal services to low income residents. Walker is also expected to cut $300 million from Milwaukee Public Schools (MPS), severely limiting education quality for the district teaching the greatest number of students (and students of color) in the state.
With Republican legislators keeping the Milwaukee hearing short, only speakers who signed up before 12:30pm had their voices heard. Hundreds of people were denied the ability to speak, and as the hearing ended at 6:30pm, there were shouts of “let us speak” and the now-familiar “shame” directed at those lawmakers.
Howard Fuller Heard on Education
While many Milwaukee residents were not heard on Monday, at least one prominent voice spoke strongly against Walker’s plans for Milwaukee schools.
In addition to cutting $300 million from Milwaukee’s public schools (and eliminating teacher’s unions), Walker’s budget reinforces existing inequalities by expanding the “school choice” program, which allows students to opt-out of public schools and use a taxpayer-funded voucher for private school tuition. The voucher program has been criticized not only because it directs money away from public schools, but because private schools can pick-and-choose their students, often selecting those who come from an advantaged background and leaving the rest to suffer in under-funded public schools.
Milwaukee became the country’s first publicly-funded school voucher program in 1990, and it grew under the tenure of MPS Superintendent Howard Fuller. He currently directs an institute at Marquette University that authorizes schools trying to get into Milwaukee’s choice program. Howard has collaborated with Republican lawmakers in the past, many of whom support so-called “school choice” out of belief in free market principles of competition and privatization. While many on the left fear defunding public education, some urban advocates like Fuller have supported vouchers to give promising low-income students a better chance at long-term success by providing education options that would not otherwise be available.
But Fuller, who is now regarded as the nation’s most influential African-American spokesman for “school choice,” strongly criticized Walker’s plans to remove income eligibility caps for the private school voucher program. “Please don’t make it true that you were using the poor just to eventually make this available to the rich,” Fuller said. “If [lifting income eligibility] is done, I will become an opponent of this.”
“I never got into this to give someone like me $6,500 to send their kid to Marquette High School (tuition $15,000 per year). . . This is where I get off the train, I’m not going to go anywhere in America and fight for a program that subsidizes rich people.”
By: Brenda Fischer, Center for Media and Democracy, April 12, 2011
What’s In The Compromise Spending Bill?
After a marathon four-day bill drafting session, the House Appropriations Committee early Tuesday morning unveiled compromise legislation to fund the federal government for the remainder of the fiscal year and cut $38.5 billion from current spending levels.
House Republican leaders struck a deal with Senate Democrats and the White House late Friday after pushing to cut $61 billion from current spending levels. GOP leaders hope to put the bill on the floor Wednesday, with Senate action expected Thursday. The current stopgap funding measure expires Friday.
Overall, labor, health, and education programs received a $5.5 billion cut from last fiscal year’s level, including the cancellation of 55 programs for savings of more than $1 billion. The final legislation prevents 218,000 low-income children from being removed from Head Start and rejects education grant funding that would have cost approximately 10,000 jobs and reduced educational services to 1 million students, according to Senate Appropriations Committee summary.
Here’s where the spending cuts (and, in the case of Defense, the increases) come from:
- TRANSPORTATION AND HOUSING. These programs would receive the largest cut under the compromise, $12.3 billion from fiscal 2010 levels, including a total of $2.9 billion in cuts for high-speed rail, $991 million in cuts to transit programs, and a $3.2 billion rescission of highway funding, including $630 million worth of old earmarks. The Department of Housing and Urban Development’s community development fund would get a $942 million cut.
- SCIENCE. The continuing resolution also blocks funding for the establishment of a Climate Service at the National Oceanic and Atmospheric Administration; for the approval of new fisheries catch-share programs in certain fisheries; and for NASA and the Office of Science and Technology Policy to engage in bilateral activities with China.
- AGRICULTURE. Agriculture programs would see $3 billion in cuts from fiscal 2010, including a $10 million cut to food and safety inspection, but the plan allows “for uninterrupted meat, poultry, and egg products inspection activities of the” Agriculture Department, the committee said. The USDA’s Special Supplemental Feeding Program for Women, Infants, and Children, also known as WIC, received $6.75 billion, which is a $504 million cut from the fiscal 2010 level.
- ENERGY. Energy and water programs were reduced by a relatively modest $1.7 billion. The bill funds the Army Corps of Engineers at the president’s request level of $4.9 billion and supports existing applications for renewable energy loan guarantees at the Department of Energy.
- WASHINGTON, D.C. The compromise restores a long-standing provision against the use of federal and local funds for abortions in the District of Columbia, and includes the reauthorization of the D.C. Opportunity Scholarships, along with a $2.3 million funding increase, to stop the termination of the program and allow new students to participate.
- HOMELAND SECURITY. A $784 million net reduction over last year, including a $786 million cut to Federal Emergency Management Agency first-responder grants and elimination of $264 million in funding that was previously targeted to earmarks.
- DEFENSE. Funded at $513 billion in the CR, about $5 billion above last year. The bill also includes an additional $157.8 billion for overseas contingency operations (emergency funding).
By: Humberto Sanchez, National Journal, April 12, 2011
What Paul Ryan’s Constituents Think And Why It Matters
Rep. Paul Ryan’s (R) Wisconsin district isn’t competitive. Over the last decade, his most competitive race was the one he won by “only” 26 points. Last year, the margin was 38 points.
But when the Associated Press checked in with some of the far-right congressman’s constituents, they were aware of their representative’s plan to eliminate Medicare, and they weren’t exactly on board with the plan.
Brian Krutsch has been long one of many automatic votes here for Rep. Paul Ryan…. But this week, admiration has been tinged with apprehension as one of Ryan’s signature ideas — ending Medicare’s status as a full, guaranteed benefit for senior citizens — suddenly took a step toward reality.
“I think that’s one of the things they should probably leave alone — you know — unless it’s absolutely necessary,” Krutsch said as he took a break from reviewing job openings at the Rock County Job Center. “Old people need help with medical bills. There’s too many people under-insured right now — especially people like myself right now who don’t have insurance.”
Howard Gage, a 74-year-old Medicare recipient who owns a three-person video-production company, said he has voted for Ryan in all seven races, still supports the congressman and likes him as a person. But, he added, it’s hard to accept that fixing the budget should mean that his family wouldn’t receive the same Medicare benefits that he relies on.
“It bothers me that my kids or grandchildren might be affected by whatever has to be done” to curb spending, he said.
At face value, it’s interesting that those who elected Ryan aren’t at all sold on Ryan’s vision. If they’re not on board, it stands to reason more vulnerable Republican lawmakers from more competitive districts have reason to be concerned, and may very well balk at embracing such a radical move that won’t pass anyway.
But there’s more to it than that. As Greg Sargent explained, “These folks are worried about doing away with Medicare as we know it, but they are grappling with whether or not this will be necessary to put the nation on firmer fiscal footing.”
Right. Reading the piece, it seems these folks want to do the right thing. They’re uncomfortable with an extreme overhaul of Medicare, but they’re willing to listen to what’s “absolutely necessary.”
But the point is, the privatization of Medicare isn’t “necessary” at all. It won’t even lower health care costs. Paul Ryan’s plan is ostensibly about debt reduction, but even that’s a charade — he’s going after entitlements and other domestic priorities while slashing tax rates for the rich.
Or as Greg added, these voters “are proceeding from the premise that Ryan’s Medicare proposal is about fixing our fiscal situation in a way that would spread the pain around evenly — and not aware that it would shift the burden for fixing our fiscal situation downward, in keeping with conservative tax-cutting ideology.”
Guess what message Democrats should be pushing right now? Or put another way, what do you suppose those folks in Southeastern Wisconsin would say if they knew going after Medicare wouldn’t be at all necessary if Ryan weren’t so desperate to give millionaires another massive tax break?
By: Steve Benen, Washington Monthly-Political Animal, April 11, 2011
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