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The Trouble With Campaign Finance Regulation / Was Madison Wrong?
Imprimis | April 2002 | Bradley A. Smith and Edward J Erler

Posted on 04/04/2002 12:50:45 AM PST by leadpenny

Bradley A. Smith
Commissioner, Federal Election Commission

Bradley A. Smith was appointed to the Federal Election Commission in May 2000. Prior to that, he was professor of law at Capital University Law School in Columbus, Ohio. His writings on campaign finance and other election issues have appeared in the Yale Law Journal, the University of Pennsylvania Law Review, the Georgetown Law Journal, the Harvard Journal of Legislation, the Cornell Journal of Law and Public Policy, and many other publications. He has testified numerous times before Congress, and is a frequent contributor to USA Today and The Wall Street Journal. In his earlier career, Mr. Smith was a practicing attorney, U.S. Vice Counsel in Ecuador, and general manager of the Small Business Association of Michigan. He received his B.A. from Kalamazoo College and his J.D., cum laude, from Harvard Law School.

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The following is abridged from a speech delivered at Hillsdale College on February 5, 2002, at a seminar co-sponsored by the Center for Constructive Alternatives and the Ludwig von Mises Lecture Series.

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Back in 1996, I was on The NewsHour with Jim Lehrer with the president of Common Cause, who complained that "major interests that have an outcome in the election and an outcome in policy" are able to give money to campaigns. "They want access to influence in the political process," she said. "It's corrupting." Think about that. What she was saying is that if you have a stake in government policy, it's corrupt for you to try to influence who gets elected. Far from the motto of the American Revolution -- "no taxation without representation" -- the motto of campaign finance regulators seems to be "no representation if possible taxation." If government is looking to tax you or regulate you, they argue, you ought to lose your ability to participate in democracy.

Link to rest of speech.

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Was Madison Wrong?

Edward J Erler
Professor of Political Science,
California State University, San Bernardino

Edward J. Erler, professor of political science at California State University, San Bernardino, received his Ph.D. from the Claremont Graduate School. He is the author of The American Polity: Essays on the Theory and Practice of Constitutional Government (Crane Russak, 1991) and numerous articles in political philosophy and constitutional law. Among his most recent published articles are "From Subjects to Citizens: The Social Contract Origins of American Citizenship"; "Crime, Punishment and Romero: An Analysis of the Case Against California's Three Strikes Law"; and "Californians and Their Constitution: Progressivism, Direct Democracy and the Administrative State." Dr. Erler has been a member of the California Advisory Commission on Civil Rights since 1988 and served on the California Constitutional Revision Commission in 1996.

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The following is abridged from a speech delivered at Hillsdale College on February 7, 2002, at a seminar co-sponsored by the Center for Constructive Alternatives and the Ludwig von Mises Lecture Series.

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In 1792, James Madison wrote that the natural right to property was the most comprehensive of all the natural rights that provided reservations against governmental sovereignty. "In its larger and juster meaning," Madison wrote,

" . . the right to property embraces everything to which a man may attach a value and have a right; and which leaves to every one else the like advantage. In the former sense, a man's land, or merchandize, or money is called his property. In the latter sense, a man has a property in his opinions and the free communication of them. He has a property of a peculiar value in his religious opinions, and in the profession and practice dictated by them. He has a property very dear to him in the safety and liberty of his person. He has an equal property in the free use of his faculties and free choice of the objects on which to employ them. In a word, as a man is said to have a right to his property, he may be equally said to have a property in his rights."

Madison thus viewed the right to property as the comprehensive right which assumed a kind of priority in the political community.

Same link as above.


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: cfr; cfrlist; hillsdale; imprimis; silenceamerica
A 2-for-1 April Imprimis.

"Reprinted by permission from IMPRIMIS, the national speech digest of Hillsdale College (www.hillsdale.edu)."

1 posted on 04/04/2002 12:50:45 AM PST by leadpenny
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To: leadpenny
Yes, Madison was wrong, but not here.

The problem that is portrayed as money corrupting "the system". Is the power of the system.

Had the power of our governmental system respected the limitations upon it, that is had we remained a government of enumerated Constitutional powers, there would be no need to purchase, bribe, or otherwise spend millions of dollars, to influence government to favor our interests, or at the *very* least maintain indifference to those interests. This, quite irrespective of whether those interests are foreign, domestic, economic in nature, or concerning civil rights.
2 posted on 04/04/2002 1:56:07 AM PST by Maelstrom
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To: Maelstrom
James Madison is right. Without the effective use and enjoyment of property, all the other rights are without substance. Just look at Communist despotisms where the state owns all the property. Did the people under such regimes have any real rights? The answer speaks for itself. And those who believe it is possible to excise property rights from the democratic process without endangering freedom, do not understand that deprived of the means to communicate one's sentiments, one is simply a slave. A slave of the state. Yet that is where those bent on constitutionally forcible rape wish to take us and all their pious promises to the effect that they seek to clean up corruption in government does not change the fate which awaits free men. We are all advised to resist it with all the means at our disposal or forever surrender the birthright to our liberty. We have been warned.
3 posted on 04/04/2002 2:04:04 AM PST by goldstategop
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To: Maelstrom;goldstategop;Black Jade
Bump and Run (out the door to work)!
4 posted on 04/04/2002 2:16:06 AM PST by leadpenny
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To: leadpenny;*CFR list;*Silence, America!;dittomom
Good post
Check the Bump List folders for articles related to and descriptions of the above topic(s) or for other topics of interest.
5 posted on 04/04/2002 11:01:10 AM PST by Free the USA
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To: Free the USA
Thanks.
6 posted on 04/04/2002 5:20:11 PM PST by leadpenny
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To: leadpenny
bttt
7 posted on 04/04/2002 6:44:48 PM PST by Free the USA
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To: Free the USA;All
Sunday AM bump!
8 posted on 04/07/2002 5:51:36 AM PDT by leadpenny
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To: leadpenny
bttt
9 posted on 04/07/2002 11:03:22 AM PDT by Free the USA
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