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SENATOR MITCH McCONNELL FILES LEGAL CHALLENGE TO CAMPAIGN FINANCE LAW
Sen. Mitch McConnell ^ | March 27, 2002 | McConnell's Press Office

Posted on 03/27/2002 11:57:51 AM PST by ravingnutter

For Immediate Release
March 27, 2002

SENATOR MITCH McCONNELL FILES LEGAL CHALLENGE TO CAMPAIGN FINANCE LAW

WASHINGTON, D.C. - Following through on his promise to challenge the constitutionality of the campaign finance bill recently passed by Congress, Senator Mitch McConnell (R-KY) today filed a legal challenge with the U.S. District Court for the District of Columbia moments after the bill was signed into law.

"Today, I filed suit to defend the First Amendment right of all Americans to be able to fully participate in the political process,” said McConnell. "I look forward to being joined by a strong group of co-plaintiffs in the very near future.”

Last Thursday, Senator McConnell introduced the legal team that will represent him in this challenge. It consists of well-known First Amendment lawyer Floyd Abrams; former Solicitor General and former judge of the U.S. Court of Appeals for the D.C. Circuit, Ken Starr; First Amendment Scholar and Dean of the Stanford University Law School, Kathleen Sullivan; general counsel for the Madison Center for Free Speech, James Bopp; and prominent Washington election lawyer Jan Baran.

As for the content of his legal challenge, McConnell simply said: "The complaint speaks for itself." A summary of the legal challenge is attached. For a complete text of the suit filed today, go to the following website - campaignfinance.stanford.edu.


TOPICS: Breaking News
KEYWORDS: cfr; cfrlist; silenceamerica
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To: madison46
You are aware that at one time the congress took onto itself a "legislative veto? and used it both to attempt to usurp the Executive power of veto PLUS an attempt at immunity from judicial review? It was found unconstitutional and never heard from again. The checks and balances were put there for the very reasons that are being argued today. It allows NO single branch supremacy over the other. The branch of government the founders were most leery of was the executive. In fact there was a serious debate that the executive be in the form a "board of directors" not a single "president". When decided that it would be unworkable they decided on a single executive President but they also allowed for a limited veto, not absolute, that did not survive his term of office.

Your argument that the “oath of office” requires presidents to veto bills they consider “unconstitutional” is specious. If that were true, then every president that signed a law that was subsequently actually found to be unconstitutional would be subject to Impeachment. The same goes for any president that was on record as saying an existing law was in his opinion unconstitutional but yet enforced those laws would be even MORE in violation of his “oath” as you define it.

181 posted on 03/27/2002 3:43:44 PM PST by Texasforever
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To: madison46
Listen nearly 100 republican congressmen voted for it and 11 Republican senators voted for it. I don't see why its Bush's fault...
182 posted on 03/27/2002 3:45:56 PM PST by marajade
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To: deport
Are you now sitting on the "Throne of Judgement"? Glad to
know that you as a mortal human have that position.

I am pretty sure he was using a metaphor, doubt that he
was proclaiming himself to be God. Let's lighten up a little folks.

183 posted on 03/27/2002 3:45:57 PM PST by itsahoot
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To: Campion
The President swears an oath to "preserve, protect, and defend" the Constitution. How does signing a blatantly unconstitutional law do that?

Folks, this bill HAS to go to the Supreme Court NOW while we still have enough Justices on it who value the Constitution, and settle this issue for the future.

Bush had to make a decision to keep himself in a position where he could fight for a majority Senate for the second half of his term, a position that will allow him to appoint the appellate judges and Supreme Court Justices that will better be able to defend the Constitution from all sorts of assaults. Needless to say getting a majority will be very hard as the tradition is for the President to lose seats in the off year elections.

If we don't get a majority Senate, the Democrats will block all his best appointments to the courts, using a religious test. Currently HALF of appellate judges are Clinton appointments. How well do you think they are doing in defending the Constitution?

Like the Vietnam War, this was a damned if you do, damned if you don't decision in terms of consequences. The President made a tough call, one a lot of people aren't happy with, and time will tell if the strategery will work the way he is praying.

184 posted on 03/27/2002 3:46:33 PM PST by patriciaruth
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To: Renatus
What if the US Supreme Court upholds it? I really don't see how you can just pronounce something as fact until the US Supreme Court has ordered it so first.
185 posted on 03/27/2002 3:48:50 PM PST by marajade
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To: madison46
How will Mccain's lawyers be paid??

I bet you can get this one in less than the usual 3 guesses.
Hint! I bet tax dollars are involved. Your job, guess whose?

186 posted on 03/27/2002 3:50:05 PM PST by itsahoot
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To: madison46
How will Mccain's lawyers be paid??

I would imagine through soft money donations. :o)

187 posted on 03/27/2002 3:51:54 PM PST by McGavin999
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To: McGavin999
Yeah, too bad he didn't overturn the Constitution like you're suggesting by determining what is and what is not Constitutional

The President was asked, during the campaign, by George Will, "Do you believe that you should veto any legislation that YOU believe is unconstitutional"? Then Gov. Bush said "I do".

It's on tape, and was shown again on This Week last Sunday.

Oh, so that was then and this is now?

188 posted on 03/27/2002 3:54:21 PM PST by jackbill
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To: McGavin999
You are absolutely correct in post 47. Some of these folks must have been sleeping during Government class. Bush understands the balance of power, and is handling this so that it will be finsihed once and for all by the SCOTUS.
If he hadn't done it this way, the "senators" would just keep it as a front issue. It is elementary. The part that infringes on the first will die! I predict is will be put on a fast track to the Supreme COurt.
189 posted on 03/27/2002 3:54:25 PM PST by hoosiermama
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To: jackbill
Maybe Bush doesn't believe its unconstitutional...
190 posted on 03/27/2002 3:57:44 PM PST by marajade
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To: jackbill
And the bill that was passed is different from the one McCain was touting during the campaign. For one thing, it doubles the hard money donations and it does restrict both corporate and union contributions. The campagin finance reform that McCain was touting didn't come close to that. The unconstitutional gag on individual ads will be taken care of by the USSC.
191 posted on 03/27/2002 4:06:07 PM PST by McGavin999
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To: marajade
HE KNOWS IT IS UNCONSTITUTIONAL! That is why he is willing to let Republican congressmen fight it in the supreme court. If he had told the dems it wasn't constitutional they would just make it a political football. So IT will be decided in the supreme court where lobbying fools can't buy votes!

I thought this was a conservative thread not a liberal. . Obviously, MANY OF ..., you like the more "progressive" interpretation of the constitution as a "living document" that can mean whatever you want it to mean.
SO GET ON A LIBERAL THREAD!

192 posted on 03/27/2002 4:08:19 PM PST by hoosiermama
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To: Renatus
I will never vote for him again. In this he is no better than Clinton.

Don't compare President Bush to Clinton

193 posted on 03/27/2002 4:09:26 PM PST by Kaslin
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To: Renatus
I will never vote for him again. In this he is no better than Clinton.

Don't compare President Bush to Clinton

194 posted on 03/27/2002 4:09:30 PM PST by Kaslin
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To: marajade
Listen nearly 100 republican congressmen voted for it and 11 Republican senators voted for it. I don't see why its Bush's fault...

He signed it and he didn't have to. He stated that there were "constitutional issues" with the bill. That being the case, he should have sent it back to the House. At least according to my copy of the Constitution that is.

Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

195 posted on 03/27/2002 4:23:30 PM PST by jwalsh07
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To: McGavin999
McGavin, you keep posting this nonsense. The Constitution does not give the Supreme Court sole and exclusive authority to pass on a law's constitutionality. In fact, the Constitution doesn't even state that the Supreme Court has the authority to pass on a law's constitutionality. The Marshall Court just concluded that it did in an early case, Marbury v. Madison.

The Constitution allows the president to veto a law for any reason whatsoever. Your fantastic interpretation of the veto power renders it nugatory. What language in the document do you rely on to support such a view?

Sheesh!

196 posted on 03/27/2002 4:24:43 PM PST by SteamshipTime
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To: McGavin999
and it does restrict both corporate and union contributions.

But it doesn't have "paycheck protection" for workers - a condition that Bush once said had to be in a bill for him to sign it.

Of course, he didn't say "Read my lips".

197 posted on 03/27/2002 4:25:18 PM PST by jackbill
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To: Kaslin
"Don't compare President Bush to Clinton"

Of course we shouldn't. Clinton was a low-class oath-violator and liar.

198 posted on 03/27/2002 4:27:42 PM PST by toenail
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To: McGavin999

Presidential Vetoes, 1789–1999

President Coincident
Congresses
Regular
vetoes
Pocket
vetoes
Total
vetoes
Vetoes
overridden
Washington 1st–4th 2 2
Adams 5th–6th
Jefferson 7th–10th
Madison 11th–14th 5 2 7
Monroe 15th–18th 1 1
J. Q. Adams 19th–20th
Jackson 21st–24th 5 7 12
Van Buren 25th–26th 1 1
W. H. Harrison 27th
Tyler 27th–28th 6 4 10 1
Polk 29th–30th 2 1 3
Taylor 31st
Fillmore 31st–32nd
Pierce 33rd–34th 9 9 5
Buchanan 35th–36th 4 3 7
Lincoln 37th–39th 2 5 7
A. Johnson 39th–40th 21 8 29 15
Grant 41st–44th 45 48 93 4
Hayes 45th–46th 12 1 13 1
Garfield 47th
Arthur 47th–48th 4 8 12 1
Cleveland 49th–50th 304 110 414 2
B. Harrison 51st–52nd 19 25 44 1
Cleveland 53rd–54th 42 128 170 5
McKinley 55th–57th 6 36 42
T. Roosevelt 57th–60th 42 40 82 1
Taft 61st–62nd 30 9 39 1
Wilson 63rd–66th 33 11 44 6
Harding 67th 5 1 6
Coolidge 68th–70th 20 30 50 4
Hoover 71st–72nd 21 16 37 3
F. D. Roosevelt 73rd–79th 372 263 635 9
Truman 79th–82nd 180 70 250 12
Eisenhower 83rd–86th 73 108 181 2
Kennedy 87th–88th 12 9 21
L. B. Johnson 88th–90th 16 14 30
Nixon 91st–93rd 26 17 43 7
Ford 93rd–94th 48 18 66 12
Carter 95th–96th 13 18 31 2
Reagan 97th–100th 39 39 78 9
G. H. W. Bush1 101st–102nd 29 15 44 1
Clinton 103rd–106th 33 4 37 2
Total   1,481 1,069 2,550 106
Source: Presidential Vetoes, 1789–Present: A Summary Overview, Nov. 4, 2000.

199 posted on 03/27/2002 4:28:09 PM PST by Texasforever
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To: Congressman Billybob
On Late edition, with Wolf on Sunday, a lawyer from the law firm of blank,Pickering and blank(the name Pickering stood out), announced that he will be representing McCain, pro bono.
200 posted on 03/27/2002 4:29:15 PM PST by Wild Irish Rogue
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