Lobbying & Campaign Finance Reform

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FRQ#1: Interest Groups
What aspects of our
governmental system
create Multiple Access
Points for interest groups
in search of favorable
policy?

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1) Separation of Powers
Favorable
policy
outcomes
Interes
t
Groups
LOBBYING!
• Seek favorable legislation.
Congress
• Ask for oversight hearings
on implementation.
• Ask pres. to sign/veto bills.
President &
Bureaucracy
Federal
Courts
• Lobby federal agencies
for favorable regulations.
• Ask president to issue
executive orders.
• File lawsuits.
• Submit amicus curiae
briefs.
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2) Federalism
Interest
Groups
State
Legislatures
and various local
law-making
boards/councils
State
Governors
and
various
state/local
agencies
State
Court
Systems
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
3) Frequency of Elections

2012

2013 Initiative
• State/local
and

Referendum
• Primary (spring)
2014 • Midterms
• General (November)

2015
• Presidential
• Primary (spring)
• General (November)
• State/local
At least 6 elections every 4-year cycle.
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FRQ#2: Campaign Finance Reform
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A. 1970s – Federal Election
Campaign Acts (FECA)
Imposed rules and regulations on
fundraising practices of candidates.

Created the Federal Election
Commission (FEC) to act as a watchdog
and enforce rules.

Required Interest Groups to form
Political Action Committees (PACs) if
they want to donate to campaigns.

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A. 1970s – Federal Election
Campaign Acts (FECA)
Established limits on “hard
money” contributions.


Individual
Candidate
$1000 (primary)
$1000 (general election)
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A. 1970s – Federal Election
Campaign Acts (FECA)


Interest Group
(PAC)
Candidate
$5000 (primary)
$5000 (general election)
Purpose of FECA: Make
candidates get lots of small
contributors instead of just a
few big ones.
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

A. 1970s – Federal Election
Campaign Acts (FECA)
Loopholes:
Political
1) Individual
“Soft
Money”
Parties.
(unlimited $$$
if given
for
“party building activities”)


(“Issue Ads”)
2) Rich Individual candidate.
(unlimited spending on own campaign.)
Buckley v. Valeo (1976)
3) Independent
Expenditure Ads.
“Free Speech”
(unlimited spending if not coordinated
with any individual campaigns.)
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B. McCain-Feingold Act
(2002)
Formal Name: Bipartisan
Campaign Reform Act (BCRA)


Individual
Candidate
$2000/primary
$2000/general election
(Indexed for inflation.)
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B. McCain-Feingold Act
(2002)

1) Individual
$ 25,000/year
Political
Party
(indexed for inflation)

2) Millionaire’s Amendment.
Higher contribution limits for
opponents of rich, self-funded
candidates.
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B. McCain-Feingold Act
(2002)

3) Blackout periods on
Independent Ads:
-- 30 days before primary.
-- 60 days before general
election.
(Only “hard money” ads allowed –
“Stand by your ad” provision.)
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C. Court challenges to BCRA

McConnell v. FEC (2003).

5-4 decision upholding BCRA.
(w/ Sandra Day O’Connor
as swing vote.)
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C. Court challenges to BCRA

Roberts/Alito Court:

FEC v. WRTL (2007).

Davis v. FEC (2008).

Citizen’s United v. FEC (2010).

RNC v. FEC (2014) (pending).
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