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Bipartisan Campaign Reform Act
Bipartisan Campaign Reform Act
Published: 2013/05/10
Channel: Aidan Beaton
Political Campaigns: Crash Course Government and Politics #39
Political Campaigns: Crash Course Government and Politics #39
Published: 2015/11/21
Channel: CrashCourse
What Is The Bipartisan Campaign Reform Act?
What Is The Bipartisan Campaign Reform Act?
Published: 2017/09/04
Channel: Question Out
GOV 370 L - The Bipartisan Campaign Reform Act of 2002
GOV 370 L - The Bipartisan Campaign Reform Act of 2002
Published: 2016/05/02
Channel: Kaeli Baker
Bipartisan Campaign Reform Act
Bipartisan Campaign Reform Act
Published: 2016/09/16
Channel: WikiWikiup
McCain Feingold : Free Speech Isn
McCain Feingold : Free Speech Isn't Free
Published: 2010/01/28
Channel: FreeSpeechMonster
What Does McCain-Feingold do?
What Does McCain-Feingold do?
Published: 2008/02/29
Channel: Ruth Durbin
Citizens United v. FEC | Homework Help from the Bill of Rights Institute
Citizens United v. FEC | Homework Help from the Bill of Rights Institute
Published: 2017/02/14
Channel: Bill of Rights Institute
Dangers of McCain - Feingold & Assaults on the 1st Amendment
Dangers of McCain - Feingold & Assaults on the 1st Amendment
Published: 2008/10/16
Channel: TCCTV
McCain-Feingold Bipartisan Campaign Reform Act
McCain-Feingold Bipartisan Campaign Reform Act
Published: 2007/10/14
Channel: tmezonk
Citizens United v. FEC
Citizens United v. FEC
Published: 2017/05/12
Channel: Mr. Beat
John McCain Admits That McCain-Feingold Is Unconstitutional
John McCain Admits That McCain-Feingold Is Unconstitutional
Published: 2007/03/20
Channel: citizensunited
McCain on McCain-Feingold
McCain on McCain-Feingold
Published: 2007/10/22
Channel: Club for Growth
McCain Feingold Video Notes
McCain Feingold Video Notes
Published: 2013/04/22
Channel: tjkuhn1
Supreme Court McCain-Feingold decision
Supreme Court McCain-Feingold decision
Published: 2010/01/25
Channel: RadnorReports
Feingold Criticizes Citizens United Decision
Feingold Criticizes Citizens United Decision
Published: 2012/03/24
Channel: FORA.tv
Kim Kardashian - McCain Feingold
Kim Kardashian - McCain Feingold
Published: 2015/04/25
Channel: Kate Tokareva
Fred Defends McCain-Feingold Thompson
Fred Defends McCain-Feingold Thompson
Published: 2007/09/07
Channel: jniels22
Campaign Finance & Free Speech
Campaign Finance & Free Speech
Published: 2017/03/13
Channel: The Federalist Society
Campaign Financing Part I
Campaign Financing Part I
Published: 2013/10/23
Channel: Courtney Rhodes
Maine CD1 Candidates Forum - McCain-Feingold
Maine CD1 Candidates Forum - McCain-Feingold
Published: 2008/06/03
Channel: Rangeley0121
SENATOR McCAIN PRAISES SENATOR FEINGOLD ON THE SENATE FLOOR 11-30-10
SENATOR McCAIN PRAISES SENATOR FEINGOLD ON THE SENATE FLOOR 11-30-10
Published: 2010/11/30
Channel: SenatorJohnMcCain
How Does the Citizens United Decision Affect Elections? Future of Campaign Finance Laws (2013)
How Does the Citizens United Decision Affect Elections? Future of Campaign Finance Laws (2013)
Published: 2014/07/12
Channel: The Film Archives
John Mccain violates Mccain-Feingold Campaign Finance laws
John Mccain violates Mccain-Feingold Campaign Finance laws
Published: 2008/06/24
Channel: AntiConformist911
15 Years of Inaction Since BCRA
15 Years of Inaction Since BCRA
Published: 2017/03/27
Channel: Issue One
Fred Thompson Supports McCain/Feingold Campaign Finance
Fred Thompson Supports McCain/Feingold Campaign Finance
Published: 2007/03/27
Channel: springfield3100
U.S. Supreme Court leaves key campaign finance restriction in place
U.S. Supreme Court leaves key campaign finance restriction in place
Published: 2017/05/22
Channel: Wochit News
How Corporate Money Influences Politics: Can Corporations Be Stopped? Financing Campaigns (2007)
How Corporate Money Influences Politics: Can Corporations Be Stopped? Financing Campaigns (2007)
Published: 2014/08/30
Channel: The Film Archives
Campaign Finance & Free Speech [Panel Two]
Campaign Finance & Free Speech [Panel Two]
Published: 2017/03/04
Channel: The Federalist Society
There Still Hasn
There Still Hasn't Been a Vote on the BCRA
Published: 2017/07/21
Channel: Healthcare Triage
Governor Kasich, Hickenlooper Call for Bipartisan Reform. #JohnKasich #John Hickenlooper
Governor Kasich, Hickenlooper Call for Bipartisan Reform. #JohnKasich #John Hickenlooper
Published: 2017/09/01
Channel: Almutaz Bur News Network
Fred Thompson Supports McCain-Feingold
Fred Thompson Supports McCain-Feingold
Published: 2007/06/06
Channel: tphilly419
When Mitch McConnell Was In Favor of Campaign Finance Reform (1987)
When Mitch McConnell Was In Favor of Campaign Finance Reform (1987)
Published: 2016/01/21
Channel: Remember This
McCain Feingold Commercial
McCain Feingold Commercial
Published: 2011/03/22
Channel: connor4ozone
Again with the Money
Again with the Money
Published: 2013/11/13
Channel: Courtney Rhodes
Former FEC Chairman Bradley Smith: Fred and McCain-Feingold
Former FEC Chairman Bradley Smith: Fred and McCain-Feingold
Published: 2007/09/06
Channel: mkhammer
McCain-Feingold: Background
McCain-Feingold: Background
Published: 2008/02/29
Channel: Ruth Durbin
McCain: BCRA is working
McCain: BCRA is working
Published: 2007/03/27
Channel: eyeon08
McCain-Feingold: Close/Credits
McCain-Feingold: Close/Credits
Published: 2008/03/01
Channel: Ruth Durbin
McCain: I
McCain: I'd "Absolutely" Push McCain-Feingold-Thompson Again
Published: 2007/10/21
Channel: ericcarlise106
Thompson Supported McCain-Feingold
Thompson Supported McCain-Feingold
Published: 2007/06/06
Channel: kfrancese96
Matt Welch on McCain/Feingold
Matt Welch on McCain/Feingold
Published: 2008/04/18
Channel: ReasonTV
Steve Ansolabehere on Interest Groups and Money in Politics (8 of 11)
Steve Ansolabehere on Interest Groups and Money in Politics (8 of 11)
Published: 2010/10/08
Channel: WWNorton
McCain-Feingold-Thompson: Key Accomplishment For Fred
McCain-Feingold-Thompson: Key Accomplishment For Fred
Published: 2007/09/13
Channel: kimmeeb8
A Bid for Bipartisan Reform
A Bid for Bipartisan Reform
Published: 2009/09/16
Channel: CBS
Rudy McCain Feingold
Rudy McCain Feingold
Published: 2007/08/07
Channel: blairwa80
Eastern Arizona Arizona Doctors & Nurses Oppose the BCRA
Eastern Arizona Arizona Doctors & Nurses Oppose the BCRA
Published: 2017/07/13
Channel: Save AZ Healthcare
2009 Citizens United v  FEC U S  Supreme Court Arguments
2009 Citizens United v FEC U S Supreme Court Arguments
Published: 2014/01/09
Channel: Will Hawkins
Russ Feingold on Campaign Finance Reform
Russ Feingold on Campaign Finance Reform
Published: 2012/12/20
Channel: Chicago Humanities Festival
2017 07 10 Special Topic - BCRA Overview (Senate Health Reform Bill)
2017 07 10 Special Topic - BCRA Overview (Senate Health Reform Bill)
Published: 2017/07/14
Channel: Clay Farris
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WIKIPEDIA ARTICLE

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Bipartisan Campaign Reform Act of 2002
Great Seal of the United States
Long title An act to amend the Federal Election Campaign Act of 1974 to provide bipartisan campaign reform.
Acronyms (colloquial) BCRA
Nicknames McCain–Feingold, Shays–Meehan
Enacted by the 107th United States Congress
Effective November 6, 2002
Citations
Public law 107-155
Statutes at Large 116 Stat. 81 thru 116 Stat. 116
Legislative history
United States Supreme Court cases
McConnell v. FEC
FEC v. Wisconsin Right to Life, Inc.
Davis v. FEC
Citizens United v. FEC

The Bipartisan Campaign Reform Act of 2002 (BCRA, McCain–Feingold Act, Pub.L. 107–155, 116 Stat. 81, enacted March 27, 2002, H.R. 2356) is a United States federal law that amended the Federal Election Campaign Act of 1974, which regulates the financing of political campaigns. Its chief sponsors were Senators Russ Feingold (D-WI) and John McCain (R-AZ). The law became effective on 6 November 2002, and the new legal limits became effective on January 1, 2003.[1]

As noted in McConnell v. FEC, a United States Supreme Court ruling on the BCRA, the Act was designed to address two issues:

  • The increased role of soft money in campaign financing, by prohibiting national political party committees from raising or spending any funds not subject to federal limits, even for state and local races or issue discussion;
  • The proliferation of issue advocacy ads, by defining as "electioneering communications" broadcast ads that name a federal candidate within 30 days of a primary or caucus or 60 days of a general election, and prohibiting any such ad paid for by a corporation (including non-profit issue organizations such as Right to Life or the Environmental Defense Fund) or paid for by an unincorporated entity using any corporate or union general treasury funds. The decision in Citizens United v. FEC overturns this provision, but not the ban on foreign corporations or foreign nationals in decisions regarding political spending.[2]

Although the legislation is known as "McCain–Feingold", the Senate version is not the bill that became law. Instead, the companion legislation, H.R. 2356—introduced by Rep. Chris Shays (R-CT), is the version that became law. Shays–Meehan was originally introduced as H.R. 380.[3]

History of the bill[edit]

In the aftermath of Watergate, Congress passed the Federal Election Campaign Act Amendments of 1974, which put new limits on contributions to campaigns.[4] Four years later, the FEC ruled that donors could donate unlimited money to political parties (but not the candidates themselves) if the party used that money for "party building activities" such as voter registration drives, but not to directly support candidates.[4] Both the Republican and Democratic parties nonetheless used this money to support their candidates, and money donated to parties became known as soft money.[4] In 1992, President George H.W. Bush vetoed a bill passed by the Democratic Congress that would have, among other things, restricted the use of soft money.[5] President Clinton pushed for a similar bill, but was unable to get both houses to agree on one bill.[4]

In 1995, Senators John McCain (R-AZ) and Russ Feingold (D-WI) jointly published an op-ed calling for campaign finance reform, and began working on their own bill.[4][6] In 1998, the Senate voted on the bill, but the bill failed to meet the 60 vote threshold to defeat a filibuster. All 45 Senate Democrats and 6 Senate Republicans voted to invoke cloture, but the remaining 49 Republicans voted against invoking cloture. This effectively killed the bill for the remainder of the 105th Congress.[7]

McCain's 2000 campaign for president and a series of scandals (including the Enron scandal) brought the issue of campaign finance to the fore of public consciousness in 2001.[4] McCain and Feingold pushed the bill in the Senate, while Chris Shays (R-CT) and Marty Meehan (D-MA) led the effort to pass the bill in the House.[4] In just the second successful use of the discharge petition since the 1980s, a mixture of Democrats and Republicans defied Speaker Dennis Hastert and passed a campaign finance reform bill.[8] The House approved the bill with a 240-189 vote, sending the bill to the Senate.[9] The bill passed the Senate in a 60-40 vote, the bare minimum required to overcome the filibuster.[6] Throughout the Congressional battle on the bill, President Bush declined to take a strong position,[9] but Bush signed the law in March 2002 after it cleared both houses of Congress.

Legal disputes[edit]

Provisions of the legislation were challenged as unconstitutional by a group of plaintiffs led by then–Senate Majority Whip Mitch McConnell, a long-time opponent of the bill.[10] President Bush signed the law despite "reservations about the constitutionality of the broad ban on issue advertising."[11] He appeared to expect that the Supreme Court would overturn some of its key provisions. But, in December 2003, the Supreme Court upheld most of the legislation in McConnell v. FEC.

BCRA's lead sponsors, Senator John McCain (R-AZ) and Senator Russ Feingold (D-WI)

Subsequently, political parties and "Abtizium" organizations have filed complaints with the FEC concerning the raising and spending of soft money by so-called "527 organizations"—organizations claiming tax-exemption as "political organizations" under Section 527 of the Internal Revenue Code (26 U.S.C. § 527), but not registering as "political committees" under the Federal Election Campaign Act, which uses a different legal definition.[12] These organizations have been established on both sides of the political aisle, and have included high-profile organizations such as the Media Fund and the Swift Boat Veterans for Truth. 527s are financed in large part by wealthy individuals, labor unions, and businesses.[13] 527s pre-dated McCain–Feingold but grew in popularity after the law took effect. In May 2004, the FEC voted to not write new rules on the application of federal campaign finance laws to 527 organizations. Although the FEC did promulgate a new rule in the fall of 2004 requiring some 527s participating in federal campaigns to use at least 50% "hard money" (contributions regulated by the Federal Election Campaign Act) to pay their expenses, the FEC did not change its regulations on when a 527 organization must register as a federal "political committee"-prompting Representatives Shays and Meehan to file a federal court lawsuit against the FEC for the Commission's failure to adopt a 527 rule. In September, 2007, a Federal District Court ruled in favor of the FEC, against Congressmen Shays and Meehan.

In December 2006 the FEC entered settlements with three 527 groups the Commission found to have violated federal law by failing to register as "political committees" and abide by contribution limits, source prohibitions and disclosure requirements during the 2004 election cycle. Swift Boat Veterans for Truth was fined $299,500; the League of Conservation Voters was fined $180,000; MoveOn.org was fined $150,000. In February 2007, the 527 organization Progress for America Voter Fund was likewise fined $750,000 for its failure to abide by federal campaign finance laws during the 2004 election cycle.

In June 2007 the U.S. Supreme Court held, in FEC v. Wisconsin Right to Life, Inc., that BCRA's limitations on corporate and labor union funding of broadcast ads mentioning a candidate within 30 days of a primary or caucus or 60 days of a general election are unconstitutional as applied to ads susceptible of a reasonable interpretation other than as an appeal to vote for or against a specific candidate.[14] Some election law experts[who?] believed that the new exception would render BCRA's "electioneering communication" provisions meaningless, while others believed the new exception to be quite narrow.

In June 2008, the section of the act known as the "millionaire's amendment" was overturned by the Supreme Court in Davis v. Federal Election Commission.[15] This provision had attempted to "equalize" campaigns by providing that the legal limit on contributions would increase for a candidate who was substantially outspent by an opposing candidate using personal wealth. In 2008 one of the cosponsors of the legislation, Senator John McCain of Arizona, touted this piece of legislation and others that he sponsored in his bid for the presidency.[16] Senator McCain consistently voiced concern over campaign practices and their funding. "'Questions of honor are raised as much by appearances as by reality in politics, and because they incite public distrust, they need to be addressed no less directly than we would address evidence of expressly illegal corruption,' McCain wrote in his 2002 memoir Worth the Fighting For. 'By the time I became a leading advocate of campaign finance reform, I had come to appreciate that the public's suspicions were not always mistaken. Money does buy access in Washington, and access increases influence that often results in benefiting the few at the expense of the many.'"[17]

In March 2009, the U.S. Supreme Court heard oral arguments in Citizens United v. Federal Election Commission, regarding whether or not a political documentary about Hillary Clinton could be considered a political ad that must be paid for with funds regulated under the Federal Election Campaign Act.[18] In January 2010, the Supreme Court struck sections of McCain–Feingold down which limited activity of corporations, saying, "If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech." Specifically, Citizens United struck down campaign financing laws related to corporations and unions; law previously banned the broadcast, cable or satellite transmission of "electioneering communications" paid for by corporations in the 30 days before a presidential primary and in the 60 days before the general election. The ruling did not, as commonly thought, change the amount of money corporations and unions can contribute to campaigns. The minority argued that the court erred in allowing unlimited corporate spending, arguing that corporate spending posed a particular threat to democratic self-government.[19]

President Barack Obama expressed his concern over the Supreme Court's decision during his 2010 State of the Union Address, delivered January 27, saying, "With all due deference to separation of powers, last week the Supreme Court reversed a century of law that I believe will open the floodgates for special interests—including foreign corporations—to spend without limit in our elections. I don't think American elections should be bankrolled by America's most powerful interests, or worse, by foreign entities. They should be decided by the American people. And I'd urge Democrats and Republicans to pass a bill that helps to correct some of these problems."[20] President Obama also called the decision, "a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans."[19]

Impact[edit]

The BCRA decreased the role of soft money in political campaigns as the law places limits on the contributions by interest groups and national political parties.[citation needed] The BCRA had a "Stand by Your Ad" Provision, which requires candidates in the United States for federal political office, as well as interest groups and political parties supporting or opposing a candidate, to include in political advertisements on television and radio "a statement by the candidate that identifies the candidate and states that the candidate has approved the communication."[citation needed] Additionally, this had an effect on the amount of attack ads and controversial claims that were made due to the apparent association with a certain candidate and his or her political party.

The impact of BCRA first started being felt nationally with the 2004 elections.[citation needed] One immediately recognizable result was that, as a result of the so-called stand by your ad provision, all campaign advertisements included a verbal statement to the effect of "I'm [Candidate's Name] and I approve this message."

References[edit]

  1. ^ "Bipartisan Campaign Reform Act overview". Federal Election Commission. Retrieved March 31, 2012. 
  2. ^ Electioneering Communications, Federal Election Commission. January 2010.
  3. ^ "Religious Leaders Ask Senate to Pass McCain–Feingold As Written". National Council of Churches. March 20, 2001. 
  4. ^ a b c d e f g Gitell, Seth (July 2003). "Making Sense of McCain-Feingold and Campaign-Finance Reform". The Atlantic. Retrieved 16 October 2015. 
  5. ^ "Bush Rejects Campaign Finance Legislation". CQ Almanac. CQ Press. Retrieved 16 October 2015. 
  6. ^ a b Welch, William (20 March 2002). "Passage ends long struggle for McCain, Feingold". USA Today. Retrieved 16 October 2015. 
  7. ^ "Campaign Finance Bill Likely Dead For The Year". CNN. 26 February 1998t. Retrieved 16 October 2015. 
  8. ^ Ehrenfreund, Max (29 June 2013). "The discharge petition's role in the immigration reform debate, explained". Washington Post. Retrieved 16 October 2015. 
  9. ^ a b Barrett, Ted (15 February 2002). "Campaign finance battle moves to Senate". CNN. Retrieved 16 October 2015. 
  10. ^ Cheves, John (15 October 2006). "Senator's pet issue: money and the power it buys". Lexington Herald-Leader. Retrieved 16 October 2015. 
  11. ^ "President Signs Campaign Finance Reform Act". George W. Bush White House. March 27, 2002. Retrieved March 31, 2012. 
  12. ^ What is a 527 organization? Federal Election Commission.
  13. ^ Justice, Glen (January 16, 2004). "Finance Battle Shifts to Election Panel". The New York Times. 
  14. ^ Stohr, Greg (June 25, 2007). "Campaign Ad Limits Loosened By U.S. Supreme Court". Bloomberg. 
  15. ^ "Davis v. Federal Election Commission". Duke Law. 2007. Retrieved March 31, 2012. 
  16. ^ Senator McCain's Voting Record, On the Issues.
  17. ^ Nowicki, Dan; Muller, Bill (March 1, 2007). "McCain Profile: McCain becomes the 'maverick'". The Arizona Republic. 
  18. ^ Liptak, Adam (March 24, 2009). "Justices Seem Skeptical of Scope of Campaign Law". The New York Times. 
  19. ^ a b Liptak, Adam (January 21, 2010). "Justices, 5-4, Reject Corporate Spending Limit". The New York Times. 
  20. ^ The White House Press Room, Remarks by the President in State of the Union Address Archived 2010-11-22 at the Wayback Machine., January 27, 2010.

External links[edit]

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