The Turow Amendment

Scott Turow writes great stories, and is now trying his hand at constitutional amendments.  From Bloomberg News, Turow suggests the #Occupy Wall Street movement turn its energies toward an “intelligible goal.”




Let me connect the dots. The heart of the protests is a lament about widening income inequality in the U.S., brought about, in part, by a government that seems to favor disproportionately wealthy interests. The Occupiers have focused their outrage on the bailout of banks that reaped huge profits on mortgage-backed securities and are now profitable again, while millions of homeowners have been foreclosed upon or lost their jobs.


The best antidote to this imbalance of income and influence would be to greatly reduce the role of private funding in our elections. Nothing is more empowering to the well-heeled — corporations, unions, lobbyists, political-action committees, trade associations and bundlers — than our political leaders’ need to come to them hat in hand for the money to get elected.


While this might, at first glance, seem little more than another attack on the dreaded Citizens United decision, that equated free speech for corporate spending, it goes well beyond that.  It’s an attack on money itself, the Buckly v. Valeo holding that by contributing to political campaign is how speech is put into action.  The problem, of course, is that the people with the money, and the will to spend it, are the ones politicians hear.




In recent polling, for example, almost three-quarters of Americans favored raising taxes on millionaires. Yet any such proposal has been consistently blocked in Congress, despite the overwhelming popular support for the idea.



Unfortunately, nothing less than a constitutional amendment is likely to reverse the situation. For now, the court’s conservative majority is firmly entrenched. And even were the court to become more moderate, with the replacement of one of the conservative justices, the principle of stare decisis, of respect for prior decisions, would mean that any effort to erase the damage done since Buckley would necessarily be incremental.


Turow argues that the only way to change cash and carry politics is to amend the Constitution to regulate it.



Meanwhile, those in tents across the nation should start going door to door with petitions, visiting legislators and building alliances with good-government groups, all in service to a proposed amendment that might read something like this: “The Congress and the States shall regulate the direct and indirect expenditure of private funds on the electoral process in order to ensure that no group, entity or individual exercises unequal influence on an election by those means.”

Of course, the notion that we, meaning each of us individually or as we circle the wagons with our respective interest group(s), actually wants equal influence on an election.  We all want unequal influence, just our own being predominant.  

I stumbling upon Turow’s commentary via Ann Althouse, who always manages to find a facile characterization that suits the attention span of her audience, headlining it “Scott Turow advocates amending the Constitution to restrict free speech.”  This, of course, returns us to the question of Buckley (and obliquely, Citizens United) of whether money is speech.

If you’re of the school that it is, then sure, Turow wants to take away your ability to speak louder than poorer and cheaper people.  No reason to question whether the supporters of the alternative think that corporation cash is supporting positions that inure to their benefit. They think so, as they suck down a tall one and thank the Lord that corporations exist to protect them from evil.

Putting aside the language proposed by Turow, the gist of his proposal appears to be good, old campaign contribution limits, so no rich guys get to buy more influence then the 99%.  Does this solve the problem?  Not likely, as Turow himself notes that candidates spend a ton of money on campaigning, and it’s got to come from somewhere.

This creates an appetite for political money that naturally can be best fed by the rich. Only 0.5 percent of Americans contributed $200 or more during the last general election cycle. Their generosity made up 82 percent of itemized contributions.

If we all cared that much, it wouldn’t seem to break the bank for most of us to put $200 into the pot.  The fact is that most people choose not to contribute. Not $200. Not $20.  So the real gripe isn’t that the 1% are so filthy rich that they can outspend us, but that they spend at all whereas we don’t want to put a dime up on our own behalf.

It’s no huge stretch to say that Turow’s proposal has absolutely no chance of happening, and indeed, it smacks of restricting free speech when the idea is based on prohibiting the influence of those who care enough, whether for good or evil, to put their money where their mouth is. 

But this isn’t the end of the discussion.  It’s not that politicians enjoy sucking up to donors for cash, but that they need money to mount a campaign.  Why?  Because we’ve come to expect it, or maybe demand it, of them.  We won’t take someone seriously if they don’t have signs, campaign planes and television commercials.  We require them to put on a show and spoon feed us their agenda with fireworks in the background.

For all the nice Americans screaming to bring us back to horse and buggy days, because everything was perfect then and we had no problems at all, the notion hasn’t been applied at all to the mechanics of political campaigning.  What if a candidate said he wanted no contributions, wouldn’t be buying airtime and had no need for slick campaign commercials?  What if the candidate instead started a blog, set out his agenda (maybe with a few youtube videos for spunk), and left it to Americans to read it and decide if he was their cup of tea?

It’s not the candidates who desperately desire to pander to money.  It’s not the rich people who desperately want to give money away to candidates.  It’s us, the 99%, who create the demand.  We don’t need a constitutional amendment, but it would be a whole lot easier than adjusting our own conduct so that campaigns didn’t need to be funded by the 0.5% willing to put their money on the table.




 



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6 thoughts on “The Turow Amendment

  1. Anna

    Well, isn’t part of the problem the huge money that goes to the media? Didn’t we use to have a fairness doctrine that required equal time? Whatever happened to that?
    And what about limited campaigns to two months or whatever they do in Britain? This continual campaigning starting the day after election is sickening. Just my nickel’s worth.

  2. James Schmitz

    Anna, the Fairness Doctrine was an FCC policy that was dismantled in the mid-80’s.

    The logic was that, back in the days before cable, there was only a finite number of broadcast frequencies. So to prevent one guy from buying up all the frequencies in a particular area and bombarding the locals with propaganda, the government had to step in and put conditions on that ownership, and basically obligate him to broadcast messages he emphatically disagreed with so that people would at least hear an opposing viewpoint.

    Newspapers and books don’t need to worry about this, because there’s not a finite spectrum of print publication.

    But with the spread of cable TV, the Fairness Doctrine lost a lot of force. The thinking seems to be, “Who cares that General Electric controls programming on NBC stations, people can always watch BBC World Service instead.”

    There have been occasional attempts to reinstate the Fairness Doctrine, this time as a federal statute rather than as mere FCC policy, but it hasn’t gone anywhere.

    The same FCC that abolished the Fairness Doctrine also declared that childrens’ programming had to have an educational or moral component. Which is why the episodes if G.I. Joe: A Real American Hero I watched as a kid always had this smarmy “don’t go swimming in a thunder storm!” lesson tacked on. Kids, I guess, were too helpless to switch to cable.

    Note, by the way, that the Equal Time Rule [Edit. Note: Link deleted per rules.] is still in effect, which obligates broadcasters to provide equal airtime to political candidates, with a few exceptions for news events. I’m not sure exactly how that’s implemented, though: it looks like the broadcasters still get to charge a fee, it just has to be the lowest standard rate for that time period, prior to an election.

    Personally I’d like to see a variation on that. Even the lowest going rate is still prohibitively expensive for anyone who hasn’t raised a fortune. I think it would be an improvement to lower the cost still further – like, maybe $200 or something. The Equal Time doctrine already establishes the principle that the FCC can tell you what rates to charge advertisers at a particular time, so it’s just a question of setting the right fee schedule. (Ideally it would be free, but maybe a nominal fee would keep out complete lunatics.)

    Under SCOTUS precedent, it’s hard to imagine any limits on money in an election. But you can give a leg up to those without a Daddy Warbucks behind them. This still wouldn’t solve imbalances in GOTV efforts, but a lot of that is built on volunteer work, and I’m comfortable with politicians who have built ties to community organizations having an advantage here: that’s what democracy is about.

  3. John Neff

    What would save a huge amount of money is if everyone in the US would ignore the Iowa caucus and the New Hampshire primary. The battle of the bozos in Iowa started in 2010 when the candidates started to sniff the butts of the Iowa politicians in hopes they would volunteer their supporters time to help their campaign.

  4. John Burgess

    Your variation may have merit, but it’s also open to gaming.

    Suppose I and my dozen closest friends decide we want to be candidates and buy up the share of airtime that our 13 campaigns fairly deserve. Whether or not we’re serious, we’ve taken over a great big part of the publicity pond.

    Is someone going to judge whether our 13 campaigns ‘are not serious’ and thus don’t qualify for the bargain rate for airtime? I think the TV station that tried that would find its lawyers outnumbered 13:1.

  5. Thomas Stephenson

    Direct contributions to candidates are only the tip of the iceberg.

    There are also independent expenditures, which are loosely-regulated. Corporations don’t contribute to candidates so much as they produce their own ads (through entities like, well, Citizens United.) The infamous Swift Boat ads were an example: corporate money funneled through Swift Boat Veterans for Truth, not the Bush campaign, to run an attack ad against John Kerry.

    Limiting direct contributions to candidates has actually led to the rise of these sorts of independent expenditures.

  6. SHG

    I’ve got a guy who keeps leaving comments here about his presidential campaign. Seems he has plenty to say and no one to listen. You likely don’t know about this because I toss his comments. Just in case Newt demands equal time.

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