McCain-Feingold Gets Beaten Up By SCOTUS

by Ryan on January 21, 2010

in Election 2006,Election 2008,Election 2010,Election 2012,Judicial Watch,Law,Politics

Today the philosophy behind McCain-Feingold got beaten up by the five members of the Supreme Court who can still read the Constitution! Campaign Finance Reform was supposed to take the money out of politics.  It has not.  CFR was supposed to get the special interests out of political campaigns.  Ha! (I was even laughing at the time!)  It’s only gotten worse through the murky 527s.  The only thing it really did was limit political speech 30 days before a primary and 60 days before a general election, protecting incumbents; hence, Congress liked it!

To those of you with a public school education: money is (and has long been) considered a form of political speech when it comes to campaigns — a way to express your political will through financially supporting your candidate of choice.  Congress kind of ignored that for populist reasons in 2002 and Dubya signed it into law anyway.

Obama hates this ruling and the Dems hate it too.  The 2004, 2006, and 2008 Elections which were chock-full of record amounts of money and special interests without the intended effect of reining them in.

Yes, corporations can run ads again close to an election, but so can labor unions.  Any law which limits political speech in this manner should have been overturned by the Supreme Court, and today a blatant and failed attempt at cleaning up politics through limiting speech was mostly fixed.  Here’s Justice Kennedy’s take:

“There is no basis for the proposition that, in the political speech context, the government may impose restrictions on certain disfavored speakers…. The government may regulate corporate speech through disclaimer and disclosure requirements, but it may not suppress that speech altogether.”

{ 1 comment… read it below or add one }

Chris January 21, 2010 at 6:20 pm

I look back on this law when everyone was pushing it and I say to myself, what a mess! Back in the day, President Bush signed it because he thought it was the politically expedient thing to do: shut the media up about this, appease John McCain which would keep him in the party, keep him quiet and gain and his supporters’ support. Let the courts strike it down. While I have the utmost respect for President Bush (and am really missing him now), I regret that he took this route. While it may have been expedient, it was weak from a president who rightly stuck to his guns on many issues. Sadly, we had to have 8 long years of having our 1st Amendment Rights stifled during a campaign, but now, thank goodness, all that is over. This evens the playing field and I am having a field day watching the Dems go nuts about this. Charles “Chuck-U” Schumer even went as far to call this un-American, as well as to demand hearings .

What a week for the GOP!!!


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