Thursday, August 2, 2012

Outlaws. . .




 (from IT'S EVEN WORSE THAN IT LOOKS;  HOW THE AMERICAN CONSTITUTIONAL SYSTEM COLLIDED WITH THE NEW POLITICS OF EXTREMISM by Thomas E. Mann and Norman J. Ornstein)

". . . A new law that flatly outlaws the super PACs would be the best route.  But as  the DISCLOSE Act vote in the 111th Congress shows, passing any campaign reform law without sixty Democrats in the Senate and a Democratic majority in the House is next to impossible.  Also close to impossible would be reform of the FEC or a new set of commissioners, at least as long as Mitch McConnell remains Senate Republican Leader;  he has made it clear that protecting the FEC as it now exists, that is, as a lawless agency, is a top priority for him.  As Public Citizen's Craig Holman has noted, "[McConnell] is really the whole key to the FEC. . . . He realized several years ago that a very effective way to minimize the effect of federal laws is to undermine the regulator."  So absent a recess appointment strategy on the part of the president, the government has to look for other options to provide disclosure and prevent brazen and illegal coordination.  As a first option, the Justice Department could prosecute violations of the coordination bans in cases where the brazen behavior has been most evident.  Justice does not need to wait for the FEC. . . "





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