For the first time since the McCutcheon v. FEC decision, the Supreme Court's latest ruling further rolling back restrictions on the flow of money in American politics, members of the Senate on Wednesday tackled the onslaught of "dark money" washing through 2014 races and the future consequences of McCutcheon. (Short answer: More wealthy Americans pumping more money into political races in 2014 and beyond.)
Retired Supreme Court Justice John Paul Stevens headlined Wednesday's hearing, organized by Sen. Angus King (I-Maine). Stevens took a decidedly progressive tack in his remarks, declaring that "money is not speech" and calling on Congress to write campaign-finance rules that "create a level playing field" for all political candidates. But perhaps the more revealing set of comments came from an unlikely source: Sen. Ted Cruz (R-Texas), the self-styled populist always trying, as he reminds us, to "make DC listen" to the little guy.
In short, Cruz, who's as conservative as they come, may have more in common with the campaign-finance reform crowd than he realizes.
He raised eyebrows, for instance, as he described his vision for America's campaign finance system. "A far better system," he said, "would be to allow individual unlimited contributions to candidates and require immediate disclosure." The unlimited contributions part of that statement is standard conservative fare: If billionaires like Tom Steyer or Sheldon Adelson or Michael Bloomberg want to underwrite their preferred candidates with bottomless dollars, go ahead and let them. But the latter half—"require immediate disclosure"—is significant. It's a break from GOP leaders including Minority Leader Mitch McConnell and Republican National Committee Chairman Reince Priebus who've soured on the idea of disclosure. Angus King later said he was so struck by Cruz's comments that he'd scribbled them down. Might Senate Democrats have an unlikely ally in Cruz if and when the DISCLOSE Act gets another vote?
At the hearing, Cruz went on to assail his fellow members of Congress for caring more about hanging onto their seats than pursuing real legislative solutions. "Our democratic process is broken and corrupt right now because politicians in both parties hold onto incumbency," he said. "We need to empower the individual citizens." Funny thing is, that's what Democrats who support the Government By The People Act and other fair elections programs want as well. Fair elections backers say candidates spend too much time raising money from wealthy individuals, which not only shrinks the field of people who can run for office but arguably makes those candidates who do run more receptive to well-heeled funders. Give candidates a reason to court lots of small donors—say, offering to match donations of $150 or less with six times that in public money—and you expose them to a diverse array of people. Meanwhile, your Average Joe, without his Rolodex full of well-to-do friends, can now mount a competitive bid for office. If Cruz wants to "empower the individual citizens," fair elections is one way to do it.
Not that Cruz hung around long enough on Wednesday to hear these kinds of ideas. He high-tailed it out of the hearing after delivering his remarks. Maybe he had a fundraiser to get to.