To Prevent Corruption Or the Appearance of Corruption? Using Public Choice to Understand and Improve U.S. Political Campaign Finance Regulation

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Release : 2010
Genre : Campaign funds
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Book Rating : 628/5 ( reviews)

To Prevent Corruption Or the Appearance of Corruption? Using Public Choice to Understand and Improve U.S. Political Campaign Finance Regulation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook To Prevent Corruption Or the Appearance of Corruption? Using Public Choice to Understand and Improve U.S. Political Campaign Finance Regulation write by José Francisco García. This book was released on 2010. To Prevent Corruption Or the Appearance of Corruption? Using Public Choice to Understand and Improve U.S. Political Campaign Finance Regulation available in PDF, EPUB and Kindle. Since the first years of the American Republic, there have been several attempts to regulate the role of money in politics, particularly establishing different set of rules for political campaign finance. Yet more interesting seems the evolution of the jurisprudence of the Supreme Court in this matter. However, from the legal scholarship perspective, the story of political campaign finance regulation is the story of a regulation that seeks to promote the public interest: rules enacted to prevent corruption or its appearance, or the achievement of political equality. This dissertation will propose an alternative version of the existence and evolution of this regulation. In effect, when rules like spending and contribution limits or the existence of public funding are viewed under the public choice lens, it is possible to understand why incumbents, in an effort to try to preserve their positions in the market and prevent challengers to enter the political market, are so interested in establishing complex and rigid rules of campaign finance. More important, this rationale is not only useful when the political process is analyzed through the positive lens (describing how things are), but also from a normative perspective (how things could or should be) especially for the Court's judicial review of this legislation. This is particularly important these days when the Court and legal scholarship are looking for a coherent rationale to approach this area of regulation and also to explain the Robert's Court deregulatory approach to campaign finance regulation since 2006.

The Appearance of Corruption

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Release : 2021-02-02
Genre : Political Science
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Book Rating : 431/5 ( reviews)

The Appearance of Corruption - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Appearance of Corruption write by Daron R. Shaw. This book was released on 2021-02-02. The Appearance of Corruption available in PDF, EPUB and Kindle. A critical analysis of the connections that the United States Supreme Court has made between campaign finance regulations and voters' behavior. The sanctity of political speech is a key element of the United States Constitution and a cornerstone of the American republic. When the Supreme Court linked political speech to campaign finance in its landmark Buckley v. Valeo (1976) decision, the modern era of campaign finance regulation was born. The decision stated that in order to pass constitutional muster, any laws limiting money in politics must be narrowly tailored and serve a compelling state interest. The lone state interest the Court was willing to entertain was the mitigation of corruption. In order to reach this conclusion, the Court advanced a sophisticated behavioral model that made assumptions about how laws affect voters' opinions and behavior. These assumptions have received surprisingly little attention until now. In The Appearance of Corruption, Daron Shaw, Brian Roberts, and Mijeong Baek analyze the connections that the Court made between campaign finance regulations and voters' behavior. The court argued that an increase in perceived corruption would lower engagement and turnout. Drawing from original survey data and experiments, they confront the question of what happens when the Supreme Court is wrong-and when the foundation of over 40 years of jurisprudence is simply not true. Even with the heightened awareness of campaign finance issues that emerged in the wake of the 2010 Citizens United decision, there is little empirical support for the Court's reasoning that turnout would decline. A rigorous statistical analysis, this is the first work to simultaneously name and test each and every one of the Court's assumptions in the pre- and post-Citizen's United eras. It will also fundamentally reshape how we think about campaign finance regulation's effects on voter behavior.

Campaign Finance & American Democracy

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Release : 2020-11-13
Genre : Political Science
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Book Rating : 13X/5 ( reviews)

Campaign Finance & American Democracy - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Campaign Finance & American Democracy write by David M. Primo. This book was released on 2020-11-13. Campaign Finance & American Democracy available in PDF, EPUB and Kindle. In recent decades, and particularly since the US Supreme Court’s controversial Citizens United decision, lawmakers and other elites have told Americans that stricter campaign finance laws are needed to improve faith in the elections process, increase trust in the government, and counter cynicism toward politics. But as David M. Primo and Jeffrey D. Milyo argue, politicians and the public alike should reconsider the conventional wisdom in light of surprising and comprehensive empirical evidence to the contrary. Primo and Milyo probe original survey data to determine Americans’ sentiments on the role of money in politics, what drives these sentiments, and why they matter. What Primo and Milyo find is that while many individuals support the idea of reform, they are also skeptical that reform would successfully limit corruption, which Americans believe stains almost every fiber of the political system. Moreover, support for campaign finance restrictions is deeply divided along party lines, reflecting the polarization of our times. Ultimately, Primo and Milyo contend, American attitudes toward money in politics reflect larger fears about the health of American democracy, fears that will not be allayed by campaign finance reform.

The Fundamentals of Campaign Finance in the U.S.

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Release : 2024-07-23
Genre : Political Science
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Book Rating : 531/5 ( reviews)

The Fundamentals of Campaign Finance in the U.S. - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Fundamentals of Campaign Finance in the U.S. write by Diana Dwyre. This book was released on 2024-07-23. The Fundamentals of Campaign Finance in the U.S. available in PDF, EPUB and Kindle. Before the U.S. campaign finance system can be fixed, we first have to understand why it has developed into the system as it exists today. The nature of democracy itself, the American capitalist economic system, the content of the U.S. Constitution and how it is interpreted, the structure of our governmental institutions, the competition for governmental power, and the behavior of campaign finance actors have all played a role in shaping the system. The Fundamentals of Campaign Finance in the U.S. takes care to situate the campaign finance system in the context of the broader U.S. political and economic system. Dwyre and Kolodny offer readers a brief tour through the development of the campaign finance regulatory structure, highlighting the Supreme Court’s commitment to free speech over political equality from Buckley v. Valeo (1976) through the passage of the Bipartisan Campaign Reform Act (BCRA, 2002). They also examine the driving force behind campaign finance reform—corruption—through historical, transactional, and institutional perspectives. While diving into the insufficiency of the disclosure and enforcement of campaign finance laws and calling attention to multiple federal agencies, including the Securities and Exchange Commission, the Federal Communications Commission, the Internal Revenue Service, and (principally) the Federal Election Commission, the authors show how a narrow view on campaign finance makes change difficult and why reforms often have limited success. By examining the fundamentals, Dwyre and Kolodny show the difficulties of changing a political system whose candidates have always relied on private funding of campaigns to one that guarantees free speech rights while minimizing concerns of corruption.

When Money Speaks

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Release : 2014-04-03
Genre : Law
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Book Rating : 143/5 ( reviews)

When Money Speaks - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook When Money Speaks write by Ronald Collins. This book was released on 2014-04-03. When Money Speaks available in PDF, EPUB and Kindle. “A brilliant discussion of campaign finance in America…a must for all who care about the American political system.” —Erwin Chemerinsky “Thorough, dispassionate, and immensely readable.” —Floyd Abrams On April 2, 2014, the U.S. Supreme Court struck down aggregate limits on how much money individuals could contribute to political candidates, parties, and committees. The McCutcheon v. FEC decision fundamentally changes how people (and corporations, thanks to Citizens United) can fund campaigns, opening the floodgates for millions of dollars in new spending, which had been curtailed by campaign finance laws going back to the early 1970s. When Money Speaks is the definitive—and the first—book to explain and dissect the Supreme Court’s controversial ruling in McCutcheon, including analysis of the tumultuous history of campaign finance law in the U.S. and the new legal and political repercussions likely to be felt from the Court’s decision. McCutcheon has been billed as “the sequel to Citizens United,” the decision giving corporations the same rights as individuals to contribute to political campaigns. Lauded by the Right as a victory for free speech, and condemned by the Left as handing the keys of our government to the rich and powerful, the Court’s ruling has inflamed a debate that is not going to go away anytime soon, with demands for new laws and even a constitutional amendment on the Left—while many on the Right (including Justice Clarence Thomas in his concurring opinion) call for an end to all contribution limits. Two of the nation’s top First Amendment scholars—Ronald Collins and David Skover—have produced a highly engaging, incisive account of the case, including exclusive interviews with petitioner Shaun McCutcheon and other key players, as well as an eye-opening history of campaign finance law in the U.S.