Yet Another Campaign Finance Domino Falls Today

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Four years ago, in the Citizens United case, the Supreme Court struck down limits on independent campaign contributions from corporations and unions. Since then, spending by super PACs and shadowy 501c(4) groups has exploded. Today, the Supreme Court continued toward its goal of gutting virtually every existing limit on campaign spending:

[Citizens United] did nothing to disturb the other main form of campaign finance regulation: caps on direct contributions to candidates and political parties. Wednesday’s decision in McCutcheon v. Federal Election Commission, No. 12-536, addressed that second kind of regulation.

It did not disturb familiar base limits on contributions from individuals to candidates, currently $2,600 per candidate in primary and general elections. But it said that overall limits of $48,600 every two years for contributions to all federal candidates violated the First Amendment, as did separate aggregate limits on contributions to political party committees, currently $74,600.

There are still some limits left. Direct contributions from individuals to specific candidates are still capped, and direct contributions to candidates from corporations are still banned.

The effect of this decision is unclear. Will billionaires start giving enormous sums of soft money to political parties? That would presumably require parties to set up lots of different committees that are putatively for different purposes, which in turn would probably give rise to yet more legal challenges. But if the past is any indication, the bright boys and girls who run these things will figure out a way.

I suppose it might even be a good thing, if you believe that parties have gotten too weak compared to billionaire donors these days. This could give them a way of rebuilding their influence and providing more central control over messaging and candidate selection. But I doubt that. The cringe-inducing spectacle of Republicans trekking to Las Vegas this weekend to kiss Sheldon Adelson’s ring in hopes of becoming his fair-haired child and sole recipient of his millions, shows that the horse is truly out of the barn on the role of the super-rich in political campaigns. It’s possible that McCutcheon will strengthen party machinery and provide a slight counterweight, but more likely it will simply give billionaires even more control over the electoral process. I guess the best we can hope for is that they continue to be as stupid in their political spending as they’ve been so far. Unfortunately, as the Koch brothers are showing, my sense is that they’re finally getting a little better and a little more disciplined about this stuff. Billionaire politics is here to stay.

This is not a good turn of events for popular democracy.

HERE ARE THE FACTS:

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ONE MORE QUICK THING:

Our fall fundraising drive is off to a rough start, and we very much need to raise $250,000 in the next couple of weeks. If you value the journalism you get from Mother Jones, please help us do it with a donation today.

As we wrote over the summer, traffic has been down at Mother Jones and a lot of sites with many people thinking news is less important now that Donald Trump is no longer president. But if you're reading this, you're not one of those people, and we're hoping we can rally support from folks like you who really get why our reporting matters right now. And that's how it's always worked: For 45 years now, a relatively small group of readers (compared to everyone we reach) who pitch in from time to time has allowed Mother Jones to do the type of journalism the moment demands and keep it free for everyone else.

Please pitch in with a donation during our fall fundraising drive if you can. We can't afford to come up short, and there's still a long way to go by November 5.

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