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McCain-Feingold's Incumbent Protection Provisions
Congress is less divided by partisanship than it is united by devotion to the practice of protecting incumbents. Doing this with, for example, the bipartisan embrace of spending "earmarks" is routinely unseemly. But occasionally, incumbent protection is also unconstitutional.It was in 2002, when Congress was putting the final blemishes on the McCain-Feingold law that regulates and rations political speech by controlling the financing of it. The law's ostensible purpose is to combat corruption or the appearance thereof. But by restricting the quantity and regulating the content and timing of political speech, the law serves incumbents, who are better known than most challengers, more able to raise money and uniquely able to use aspects of their offices -- franked mail, legislative initiatives, C-SPAN, news conferences -- for self-promotion. Not satisfied with such advantages, legislators added to McCain-Feingold the Millionaires' Amendment to punish wealthy, self-financing opponents. The amendment revealed the cynicism behind campaign regulation's faux idealism about combating corruption. Posted by: Bobby 2007-11-22 |
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