American Polity by Serow and Leadership

Readings for Apr 09

 

Serow  #73 by Kathleen Sullivan and Derek Cressman; The Constitution and Campaign Reform (p530)

  • 1974 Federal Election Campaign Act – initial reform which limited contributions
  • Kathleen Sullivan – Dean of Stanford Law School: impossible to close loopholes allowing money into politics
    • Undesirable to limit political speech before an election
    • Unintended Influence – Political Action Committee (PAC) b/c major influence w/ money from interest groups
    • American gov is not very corrupt
    • Corruption is an inequality of influence
    • Buckly’s reform very bad – flawed democratic idea, violates 1st Amendment
      • Limits contributions but did not address demand
      • Demand will stay, and money will just flow to alternate paths (parties, PACs, etc)
      • Therefore, reform has only driven money away from candidates who are responsible to Americans
      • Independent orgs harder to control
        • Especially hard to control because they avoid expressly supporting candidates which is not in the Framers beliefs (thought political speech was about getting people to vote so it should not be “driven underground”)
      • Limits are unconstitutional and undemocratic
    • Robust system of disclosure needs to be enforced
      • Technology allows precise disclosure of all contributions
      • Disclosure allows the press and people to follow the money
      • If the money is a concern, the voters and press will recognize it
  • Derek Cressman – campaign finance analyst for US Public Interest Research Group
    • Lower contribution limits to allow less wealthy Americans to make notable contributions
    • Money is a big factor in who runs
      • Candidates who spent the most won 94% of general election Senate and 95% of House races
    • Money would be a good barometer of public support if it came equally from all Americans
      • Most of contribution amount from a few rich people
      • Large donors are not rep – most are older (60+), white, male (80%+), 81% income >100k
    • 71% of the population supports more stringent limits on contributions
    • Supreme Court
      • Nixon v. Shrink Missouri Gov PAC – limits upheld (Sup Crt)
      • Buckley v. Valeo – rejected the idea that inflation had made $1,000 too little
    • Limits should be set at levels affordable to average Americans
    • States who lowered contributions found more people contributed and that candidates could still campaign
      • They ended up spending less time calling wealthy donors and more time at grass roots events

 

Serow  #77 by Mark Monmonier; Bushmanders and Bullwinkles (p564)

  • Overview of the remapping of election districts and how boundaries can serve or hurt parties, incum, or racial/eth grps
  • Census decides how the districts will be reapportioned so that they are equal in pop, ensuring “one person, one vote”
  • Gerrymander – deliberately inc the # of districts in which a particular party or group is the majority
    • From 1812 when Gerry was MA gov and carved out a thin Rep district along parts of Essex County
    • Reporter pointed out that the new district looked like a salamander, and the term “gerrymander” was coined
  • Many districts have nicknames because of their zoning
  • Voting Rights Act of 1965 prohibits cartographers from splitting a district where a minority group constitute a majority
  • To supplement the electoral maps of indiv states, the Bureau of the Census publishes the Congressional District Atlas
  • Rep admin favor AfAmer and Latino candidates, who are almost certain to be Dem because they want to create safe districts in which minority candidates were likely to win
    • In this manner, the Bush Rep added white voters to formerly Dem districts, which responded, by electing Rep
  • Should race matter, should shape matter and should geography matter when setting up districts?
    • According to author, race should matter
    • Legal scholars like Pamela Karlan argue that shape shouldn’t matter
  • Altman could find no evidence that bizarre districts cause ‘expressive harms’
  • Constitution mandates neither compactness nor contiguity, so should geography matter?
    • Author argues that traditional district boundaries do not work as well as they once did
    • Contorted boundaries are clearly less dysfunctional than silhouette maps
  • 11 House seats shifted after the 2000 census