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"I Didn't Realize What All Was in It" [Congressmen dismayed by McCain-Feingold details]
Reason on line ^ | February 19, 2003 | Jacob Sullum

Posted on 02/19/2003 4:19:37 PM PST by aculeus

The New York Times has a hilarious story describing how members of Congress are only now discovering, to their dismay, the requirements of the "campaign finance reform" law they voted for last year. "We sometimes leave our audiences in a state of complete shock," says a lawyer who teaches the intricacies of McCain-Feingold to Democratic legislators. The seminars elicit "a sort of slack-jawed amazement at how far this thing reached." A lawyer who runs similar sessions for Republicans says, "There's an initial stage where the reaction is, 'This can't be true.' And then there's the actual anger stage."

A few other snapshots from the story:

The new chairman of the Democratic Congressional Campaign Committee, Representative Robert T. Matsui of California, who voted for McCain-Feingold, says he has been surprised by its fine print.

"I didn't realize what all was in it," Mr. Matsui said. "We have cautioned members: `You have to really understand this law. And if you have any ambiguity, err on the side of caution.' "

***

It turns out that the law also includes a provision requiring that federal candidates appear full-faced for the last four seconds of their campaigns' television advertisements and personally attest that they stand behind the advertisements' content.

Several consultants said this could prove to be quite a problem politically when the time comes to begin televising the kind of hard-hitting negative advertisements that have become standard campaign fare. As a rule, those ads at present tend to reduce the role of the candidate to a small line at the bottom of a screen.

"I think it was a total surprise to people who don't read C.Q. with a yellow pen," said Bill Knapp, a Democratic media consultant, referring to Congressional Quarterly, which keeps close tabs on legislative maneuverings here.

***

Members of both parties have been startled to learn the law's penalties. A violation of McCain-Feingold — be it a national party official's soft-money raising, or a senator's acting as a host at a fund-raiser on behalf of a governor — is a felony carrying a prison sentence of as much as five years.

McCain-Feingold may be an unconstitutional monstrosity, but maybe it will lead members of Congress to reconsider their habit of voting for legislation they haven't read. In any case, it's richly satisfying to see legislators worry that they might be tossed in jail for a seemingly trivial mistake such as speaking at the wrong event or letting your name appear on an invitation. This is the kind of fear and uncertainty their convoluted laws routinely impose on ordinary Americans.

(Excerpt) Read more at reason.com ...


TOPICS: Culture/Society; Extended News; Government; Politics/Elections
KEYWORDS: cfr; cfrlist
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To: aculeus
Don't these guys we elect read any of the laws they pass or do they simply not take their positions that seriously?
41 posted on 02/19/2003 7:29:25 PM PST by The Toad
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To: aculeus
In any case, it's richly satisfying to see legislators worry that they might be tossed in jail for a seemingly trivial mistake such as speaking at the wrong event or letting your name appear on an invitation. This is the kind of fear and uncertainty their convoluted laws routinely impose on ordinary Americans.

Except that the political mafia does not throw it's own people in jail. Nobody will ever go to jail for violating CFR. Maybe somebody will get a fine they never have to actually pay, but that's about it.

42 posted on 02/19/2003 7:35:55 PM PST by Lancey Howard
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To: aculeus
all of us out here knew this........
43 posted on 02/19/2003 7:36:34 PM PST by The Wizard (Demonrats are enemies of America)
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To: hellinahandcart
A violation of McCain-Feingold — be it a national party official's soft-money raising, or a senator's acting as a host at a fund-raiser on behalf of a governor — is a felony carrying a prison sentence of as much as five years.

Can we please not appeal this thing to the Supreme Court until AFTER the next election?

I want to see just one senator who signed this thing hauled away in plastic cuffs with his jacket over his head. Just one!

Be advised:

It ain't gonna happen!

The felony carrying a prison sentence of as much as five years, clause applys to all federal, state, and county party officials.

Can you say PATSYS?

44 posted on 02/19/2003 7:56:42 PM PST by c-b 1
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To: All


45 posted on 02/19/2003 8:26:01 PM PST by Registered
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To: hellinahandcart
And let's pray that it's McCain!!
46 posted on 02/19/2003 8:40:42 PM PST by DLfromthedesert
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To: Registered
Most excellent.
47 posted on 02/19/2003 9:03:01 PM PST by hellinahandcart
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To: aculeus
Makes me wonder who would actually prosecute said offenders?!? Appointed Attorney's General? Elected State Attorneys?
48 posted on 02/19/2003 9:56:04 PM PST by Diver Dave
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To: Registered
Great!
49 posted on 02/20/2003 2:18:39 AM PST by aculeus
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To: aculeus
I think we should find the name and a quotation for every representative & senator who claims to "not know" / "did'nt read" etc. This information should eb prominately broadcast as it attests to the utter stupidity and dereliction of these members. They should be excluded from all further elections.

50 posted on 02/20/2003 2:27:23 AM PST by An.American.Expatriate
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To: aculeus
It's worth noting that most violations of McCain-Feingold are still just civil violations, carrying fines and no possibility of jail time. However, "knowing and willful" violations are now felonies. Most violations of the law are not found to be knowing and willful, which can be hard to prove.

P.S. This is in no way an apologia for this gawdawful bill. But it's bad enough without exagerating its effects.
51 posted on 02/22/2003 8:33:50 AM PST by Rensselaer
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To: Lancey Howard
I noted in another post that this article exagerates a bit - most violations of McCain-Feingold will still be mere "civil" violations, with no possibility of jail time. Only "knowing and willful" violations - which are very hard to prove - result in jail time.
52 posted on 02/22/2003 8:37:39 AM PST by Rensselaer
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To: aculeus
And we elected these people to "guide" our lives. They are good at talking a good game,but they sarn sure do not perform.
53 posted on 02/22/2003 8:37:39 AM PST by retiredtexan
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