CCP
The Meaning of Corruption: A (not so) Quick Reply to David Gans
By Brad SmithOf course, the Federalist Papers are not the Constitution, and they are not the only thing the Founders had to say about the Constitution and government. But when we look at the whole record (including the influential arguments of those who opposed the Constitution), I think that the Lessig/Gans theory that some vague “dependence corruption” justifies broad limits on political participation falls apart. It’s not that their research is wrong. It’s tempting to say it is beside the point, but that’s not quite right either. It’s more that they simply ignore all the evidence and reason that suggests that their proposed solution is not justified by the Constitution.But let’s get back to Buckley and McCutcheon. My criticism of Gans/Lessig is not that they are “living constitutionalists.” It is that they refuse to grapple with Buckley on its own terms, and that their premise (the Founders were concerned about institutional corruption more than quid pro quo issues) does not justify their conclusion (that, therefore, lots of regulation of political speech and association is constitutionally permissible). My criticism of Gans/Lessig is that they are taking a wooden approach to labels, rather than looking at principles and powers. I accuse them of excessive formalism, the very opposite of what Gans takes to be my criticism, and it’s a particularly odd formalism because “corruption” isn’t even used in the Constitution.
Independent Groups
Wall Street Journal: Another Agency Goes IRS
EditorialSuch a request is a no-no in many ways. The FEC staff was investigating these groups without the approval of its commissioners in clear violation of FEC rules. And the IRS is legally barred from releasing confidential tax information—including to the FEC. The emails show that Ms. Lerner asked her staff to provide information to the FEC, and Ways and Means is seeking more documents.The suspicion of political motivation is compounded by disclosures this week by Don McGahn, one of three Republican FEC commissioners. He released documents that show a litany of FEC staff abuses—including unauthorized investigations, unsanctioned work with law enforcement, and cases when documents were kept from commissioners. These abuses were largely aimed at investigating conservative political groups.
Wall Street Journal: House Republicans Subpoena IRS Documents
By John D. McKinnonHouse Republicans issued a subpoena on Friday seeking to compel the Internal Revenue Service to hand over documents related to targeting of conservative tea party groups and possibly others.The subpoena is the clearest signal yet of some GOP lawmakers’ frustration at what they perceive to be the IRS’s slow response to their requests for information following reports that the IRS targeted conservative tea party groups for special scrutiny as they sought tax-exempt status.
Wall Street Journal: Trust and the Tax Man
By Angela HuntOf course, Americans didn’t exactly trust the IRS before the latest scandal. According to a Gallup poll taken after the targeting was revealed, 60% of Americans believe the IRS frequently abuses its powers. In September of 1997, amid another congressional investigation (this time for targeting low-income taxpayers), the number was an even higher 69%. If trust was never there to lose, how can Mr. Koskinen restore it?Second, the president might not like what it’s going to take to earn that trust, which is more than the lip service we’ve gotten so far. While Mr. Obama promised “to hold the responsible parties accountable” and to “make sure we are working hand in hand with Congress” to do so, he’s done little if anything to stop the IRS from stalling. Lois Lerner, a key player under investigation, has pleaded the 5th and is still getting paid.
Tribune-Star: D.C. group not happy with how Indiana handling complaint
By Arthur FoulkesTERRE HAUTE — The Washington D.C. watchdog group that accused Terre Haute attorney Jim Bopp Jr. of improperly benefiting from a not-for-profit organization has gotten its first official response to one of its complaints — and it’s not happy.
CPI: The slow deaths of presidential super PACs
By David LevinthalLike massive pop-up stores that disappear once Halloween is over, several presidential contender-specific super PACs that played crucial roles through Election Day 2012 have all but vanished from national politics.With President Barack Obama re-elected and Republican challenger Mitt Romney vanquished, groups such as conservative Restore Our Future and liberal Priorities USA Action could have easily enshrined themselves in the political firmament by supporting 2014 midterm hopefuls or pressing issues such as guns or immigration.
FEC
Washington Post: A full commission should address FEC rules changes
EditorialLast week, House Administration Committee Chairman Candice Miller (R-Mich.) joined them. “When a federal agency keeps its enforcement policies and procedures secret or makes them difficult to understand, it increases the opportunity for abuse by its employees — abuse that has very real consequences for the Americans subject to its power,” Ms. Miller said in a statement, adding, “The revelations of abuse of certain groups by the IRS because of their political beliefs has violated the trust of every American and has diminished their faith in the government.”
State and Local
New York –– Wall Street Journal: Campaign Finance Board’s Staff Seeks to Deny Liu Public Funds
By MICHAEL HOWARD SAULThe New York City Campaign Finance Board staff has recommended that Democratic mayoral candidate John Liu be denied public matching funds, his campaign said Thursday, dealing a potentially crippling blow to his bid for City Hall.The board’s staff recently sent Mr. Liu a letter advising the campaign that “they are inclined to make an unfavorable recommendation to the board,” a campaign spokeswoman said. The board is scheduled to meet on Monday and will consider the recommendation.
