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what is the tillman act (1907)
banned direct campaign contributions to federal candidates from companies
what is the federal election campaign act (1971)
limits on candidate expenditures, disclosure requirements
what are the amendments to feca (1974)
contribution limits (individual - 1,000/25,000, pac - 5,000/no limit)
what is buckley v valeo (1976)
free speech allows unlimited self-funding & independent expenditures
what is an independent expenditure
an expenditure for a communication that expressly advocates the election or defeat of a clearly identified candidate and which is not made in coordination with any candidate or their campaign or political party
what is mccain-feingold (2002)
ban soft money & restrict issue advocacy ad contributions to PACs
what is soft money
a contribution to a political party that is not accounted as going to a particular candidate, thus avoiding various legal limitations
what is mcconnell v fec (2003)
ban on soft money upheld on 5-4 vote
fec v wisconsin right to life (2007)
restrictions on issue advocacy ads unconstitutional on 5-4 vote
what was the citizens united (2010) decision
decided 5-4; ended century-long ban on direct corporate campaign contributions
what are superpacs
can collect unlimited sums from individuals, companies and groups but cannot coordinate with candidate campaign committees
what was the us campaign finance environment in 2012
first $2 billion presidential campaign (and the first after citizens united decision of 2010)
what was the us campaign finance environment in 2020
first $3 billion presidential campaign
what was the real post-citizens united story
the rise of superpacs and expanded role in shaping discourse
what are us campaign expenditures
individuals, party groups, pacs, superpacs can spend an unlimited amount on a campaign provided it is not a “coordinated expenditure”; party committees can spend some funds on coordinated expenditures (more than $20 million in 2016), but must have separate staffs for coordinated and uncoordinated operations
us campaign contribution limits for individuals (2020 cycle)
candidate - $2,800 primary, $2,800 general; national party committee - $35,500/year; additional national party accounts $106,500/year; state party committee - $10,000/year; superpac - unlimited; independent expenditures - unlimited
what is the american legislative exchange council (alec)
works to advance limited government, free markets and federalism at the state level through a nonpartisan public-private partnership of america’s state legislators, members of the private sector and the general public
who is in the alec membership
legislative, alumni, and private sector
who are the alec legislative members
sitting state legislators
who are the alec alumni members
basic member; supporting member; patron member; reagan club member; jefferson club member
who are the alec private sector members
washington circle ($7,000); madison circle ($12,000); jefferson circle ($25,000)
what is the alec organization
model legislation; task forces; policy summits
what are the alec key accomplishments
castle doctrine (“stand your ground”); voter identification bills; resolution in support of the keystone xl pipeline; wisonsin’s 2015 right-to-work bill
what is the real goal of parties
to win elections; questions of what parties do once they have won is often an afterthought
what are interest groups roles
have very strong opinions about what should be done, but for parties trying to balance many different issues (and not wanting to go out on a limb and hurt their chances for the next election); caution is often the watchword
what are limitations on presidential power
in principle president is head of party, but in practice few feel in congress much of an obligation to follow his lead; mainly power to persuade, and it often takes incentives to make members go along (even then, they might not); greatest within the administration itself, as the people working for the president depend on presidential approval to keep their positions and to exercise influence in the bureaucracy; modern presidents are rarely feared by fellow members of their party (this is particularly true in the second term)
what autonomy does congress have
key issue about parties in congress is the fact that parties have few effective ways to punish defectors; ultimate power is held by voters, who can fire members, not by party bosses or presidents, who have no real control over who represents the party in a specific constituency; in a conflict between what the party wants and what the voters in a member's district wants, rarely does a member choose to go against the voters; in many districts and states, members of congress or senators are more popular than presidents
what autonomy does the house have
in the past, house speakers were much more powerful, they chaired the rules committee (which controls floor action), they had unilateral authority to make committee assignments to appoint and to remove committee chairman; house speakers “rule” today by bargaining, persuasion and negotiation; another option is just close up shop when you don’t have the votes; house committees and subcommittees often operate with a great deal of independence from the speaker; current system of decentralized power means that even subcommittee chairs have a good deal of autonomy from the chairs of their parent committees
what autonomy does the senate have
senate majority leaders have far less control over what happens in the senate than house speakers possess regarding floor action in the lower chamber; individual senators enjoy immense autonomy under senate rules; in effect, it is necessary to get unanimous consent to proceed with most legislation (there are exceptions for budget bills under “reconciliation”); while a filibuster can be shut off with 60 votes, it is very hard to get them since everyone wants to filibuster sometimes and senators protect their fellow partisans; usually, senators only have to threaten to filibuster to remove measures from consideration; senators (and house members) rarely worry much about national party organization; they see themselves as the key to their own success in most instances, so they figure they know best what to do to be re-elected
what are two-party system electoral advantages
electoral college - "wasted vote" at presidential level; first past the post – “wasted vote” at sub-presidential level (proportional representation would increase prospects for third party candidates); few provisions for runoffs, which can empower third party candidates; single-member districts - discourage multiparty coalitions
what are two-party system advantages in access
access to ballots - third party candidates face huge hurdles to getting on ballot, something that comes automatically to two parties; access to campaign finance – unless self-funded; access to media – little coverage for third party candidates; access to debates – restrictive rules that block minority party candidates
what are disadvantages of multi-party systems (anthony downs)
two-party system promotes battle over the center, while multiparty environments empower the extremes; multi-party system is confusing to voters -- who is to blame in a coalition government?; legislators forming coalitions may disregard voter preferences in the interest of building a working coalition (which may include empowering extremes); voters may have to choose strategically, a more complicated system that may empower extremes; legitimacy may be undermined via instability; presidential elections in a multi-party system may end up with no electoral college winner, which would force a president to cultivate support in House and thereby weaken the future president
what are advantages of multi-party systems (theodore lowi)
two major parties can no longer collude to keep items off the agenda; all candidates have to be clearer about their policy positions; a system of multi-party cooperation within congress is no worse than the gridlock found in the status quo – and may be better; multi-party systems may provide the public with more reasonable level of expectation over what president can do in a divided system; higher voter turnout seems likely, as people feel like their vote matters more