Essay Plan: Evaluate the view that campaign finance reform is possible

Is campaign finance reform possible?



PACs + ambiguities + tax codes

 Decreased incentivisation for reform
o PACs formed after Smith-Connally Act (trade unions)
o 2012, PACs $800 million – 2020, $1.2 bn
 Tax codes
o 527s – unlimited funds
o 5014s – social welfare
 Money fuels politics
o Buckley v Valeo



 Bi- Partisan Campaign Reform Act did stop committees raising soft money
 Smith Connally Act did stop trade unions
 Tax codes aren’t all powerful, disclose donors, social welfare
 Democratic pledge to not accept funds scrapped – successful campaigns from Pete Buttigieg & Amy
Klobuchar



Partisanship

 Last bipartisan act was Bi-Partisan Campaign Reform Act 2002
 Mitch McConnell make Obama ‘one term President’
 Obama lame duck President last 6 years
 Biden Senate 50-50 split (Joe Manchin)



 Bi Partisan Campaign Reform Act shows bipartisanship in regulating soft money
 Federal Elections Campaign Act 1971, Senate 88-2, House 372-23
 Trustee model means they have to deliver for the people



Constitutional challenges

 Court cases challenging
o Buckley v Valeo 1974
o Citizens United 2010
o MuCutcheon v FEC 2014
 Where acts like Federal Election Campaign Act 1974 try to reform, challenges will always occur
 First National Bank v Belotti – corporations have a right to contribute to ballot initiative campaigns – Citizens
United 2010 confirmed this



 McConnell v FEC 2003 vs Citizens United 2010, clear difference in understanding
 2003, Sandra Day O’Connor but 2010, Samuel Alito
 Liberal court would derive different understanding