From the authors of Legislative Labyrinth: Congress and Campaign Finance Reform. Elections, the basic mechanism of representative democracy, should be untainted by corruption and provide a platform for free speech. But running for office takes money—a lot of it, usually—which means campaign finance has become a pitched battle over the fundamental political values of free speech versus fair elections. With insiders' perspectives, Farrar-Myers and Dwyre tell the story of what it took to pass campaign finance legislation, provide analysis of the subsequent court action, and explore the regulatory and electoral outcomes of reform efforts. Limits and Loopholes is a story about incremental policymaking and inter-branch struggle, about institutional design and unintended consequences, about the influence of interest groups and the media, and about the health of our representative democracy. Bringing together discussions of core values and the policymaking process, this book serves as an excellent case study that traces an issue from inception, through legislation and litigation, and finally to implementation.
- Chapter 1: Competing Values and the High Stakes of Campaign Finance Reform
- The “Mischiefs of Faction” and Campaign Finance
- Campaign Finance Regulation in Historical Context
- The Multiple Layers of Campaign Finance Reform
- Plan of the Book
- Chapter 2: Campaign Finance Reform in the 105th Congress: A Tale of Unorthodox Policymaking
- The Battle Begins in the Senate: Bargaining, Then Defeat
- The Fight Continues in the House: An Issue Whose Time Had Come?
- Promises, Promises: The Republican Leadership Stalls
- Scramble for Control: Reform Proponents Fight Back
- The Republican Leadership's Death by Amendment Strategy
- Getting Around Poison Pills: Developing Issue Networks
- In Spite of It All, the Bill Passes the House
- Conclusion: Negotiating the Labyrinth
- Chapter 3: Clearing a Pathway Through the Labyrinth: Passing Campaign Finance Legislation
- History Repeats Itself in the 106th Congress
- The 2000 Elections
- Clearing the Path for Final Passage
- Lessons from BCRA's Passage Through the Legislative Labyrinth
- Chapter 4: From the Halls of Congress to the Supreme Court: The Impact of Judicial Interpretation on Public Policy
- The Founders' View of the Judiciary
- The Judiciary and Campaign Finance
- Buckley and Its Progeny
- McConnell and Its Progeny
- Extending the Labyrinth: Implications of Judicial Interpretation
- Chapter 5: Through the Regulatory Wringer: The Federal Election Commission Takes on BCRA
- As Clear as Mud
- The Politics of Regulation
- Lost in Translation or Purposely Undermined?
- Take 'em to Court!
- The Legislative Approach
- It Matters Who Writes the Rules
- The Politics of Little or No Action: 527s and the FEC
- An Ongoing Process
- Chapter 6: Elections in the Post-BCRA World
- Political Parties
- National Party Committees
- State and Local Parties
- A New Frontier: The Rise of 527s and Other Nonprofit Groups
- Section 527 Organizations After BCRA
- Moving on to Other Nonprofits
- The Next Frontier: Taxable Corporations
- More or Less Free Speech?
- So, Where Are We and Where Are We Going?
- Chapter 7: Values, Choices, and Consequences
- The Policy Labyrinth
- The State of Campaign Finance Policy
- Campaign Finance, Popular Sovereignty, and the Dynamics of the American Political System