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To: MeSpikeLibs
The campaign finance law is joke and I am still sick over the fact the supreme court didn't overturn it. Actually, It should have never had to make it there.

I have a feeling (based on absolutely nothing) that what happened was Congress and the President got "cute" and thought I'll go along with this and the USSC will bail us out. Well the court(or some on the court) got tired of this kind of crap being laid at their doorstep for them to fix, so they ok'ed the law and on the ball is back in congress's side of the field.
Fortunately there is a little something called
First Amendment Restoration Act
http://capwiz.com/liberty/issues/bills/?bill=5269186

First Amendment Restoration Act
Bill # H.R.3801

Original Sponsor:
Roscoe Bartlett (R-MD 6th)

Cosponsor Total: 52
(last sponsor added 03/30/2004)
2 Democrats
50 Republicans
(snip)
On February 11, 2004, Congressman Roscoe Bartlett, along with
several other members of The Liberty Caucus, introduced the "First Amendment Restoration Act" (H.R. 3801). This legislation would restore Americans' First Amendment rights by repealing sections of the McCain-Feingold law that forbid issue-advocacy groups, such as The Liberty Committee, Gun Owners of America, American Conservative Union, Concerned Women of America and the National Rifle Association, to inform their members about important issues and votes relative to incumbent candidates during the 30 and 60 days before primary and general elections.

So during that 30-60 day period when the U.S. Congress takes a vote on abortion, immigration, gun control, United Nations, taxes, treaties, etc., we won't be able to tell you about it without committing a federal crime and risking jail time! Even a simple
E-mail alert will violate the law!

McCain-Feingold, passed by Congress, signed by President Bush, and affirmed by the Supreme Court, muzzles the average American who doesn't have a high-priced lobbyist to represent his views in our nation's capital. Under the guise of "cleaning up our political process," incumbent politicians increase their job security by making it illegal for average Americans to participate.


45 posted on 04/02/2004 10:43:52 PM PST by Valin (Hating people is like burning down your house to kill a rat)
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To: Valin
Not only did someone get "cute" but as the law was written, Congress banned any money, hard and soft, in the context of this thread, but the Court made a statutory change and read any to mean "soft" money, trying to read into the word "any" money the kind of money that Congress was trying to limit with the rest of BCFR.

The dissenting opinion of Justice Kennedy:

The majority.s upholding §323(d) is all the more unsettling because of the way it ignores the Act as Congress wrote it. Congress said national parties "shall not solicit any funds for, or make or direct any donations to" §501(c) nonprofit organizations that engage in federal election activity or to §527 political committees. The Court, however, reads out the word "any" and construes the words "funds" and "donations" to mean "soft money funds" and "soft money donations". See ante, at 72 ("This construc- tion is consistent with the concerns animating Title I, whose purpose is to plug the soft-money loophole"). The Court's statutory amendment may be consistent with its anti-soft-money rationale; it is not, however, consistent with the plain and unavoidable statutory text Congress has given us. Even as construed by the Court, moreover, it is invalid.

The majority strains to save the provision from what must seem to it an unduly harsh First Amendment. It does so by making a legislative determination Congress chose not to make: to prefer hard money to soft money within the construct of national party relationships with nonprofit groups. Congress gave no indication of a prefer- ence to regulate either hard money or soft in this context. Rather, it simply proscribed all transfers of money between the two organizations and all efforts by the national parties to raise any money on the nonprofit groups' behalf. The question the Court faces is not which part of a text to

Cite as: 540 U. S. ____ (2003) 23 Opinion of KENNEDY, J.

sever and strike, but whether Congress can prohibit such transfers altogether. The answer, as the majority recognizes, is no. See ante, at 71 ("[P]rohibiting parties from donating funds already raised in compliance with FECA does little to further Congress' goal of preventing corruption or the appearance of corruption of federal candidates and officeholders"). Though §323(f) in effect imposes limits on candidate contributions, it does not address federal candidate and officeholder contributions. Yet it is the possibility of federal officeholder quid pro quo corruption potential that animates Buckley's rule as it relates to Acts of Congress (as opposed to Acts of state legislatures). See 424 U. S., at 13 ("The constitutional power of Congress to regulate federal elections is well established"). When one recognizes that §§323(a), (b), (d), and (f) do not serve the interest the anticorruption rationale contemplates, Title I's entirety begins to look very much like an incumbency protection plan. See J. Miller, Monopoly Politics 84.101 (1999) (concluding that regulations limiting election fundraising and spending constrain challengers more than incumbents). That impression is worsened by the fact that Congress exempted its officeholders from the more stringent prohibitions imposed on party officials. Compare new FECA §323(a) with new FECA §323(e). Section 323(a) raises an inflexible bar against soft money solicitation, in any way, by parties or party officials. Section 323(e), in contrast, enacts exceptions to the rule for federal officeholders (the very centerpiece of possible corruption), and allows them to solicit soft money for various uses and organizations.

47 posted on 04/03/2004 1:57:30 AM PST by WhiteyAppleseed (2 million defensive gun uses a year. Tell that to the Gun Fairy who'd rather leave you toothless.)
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To: Valin
What part of BCFR makes it illegal for the NRA to inform me about issues 60 days before an election? You say that even an e-mail alert would violate a section of BCFR? I realize there is enough about the BCFR that if I hear correctly, even some in Congress had to have it explained to them. I'm in need of some explanation. Thank you.
49 posted on 04/03/2004 2:06:36 AM PST by WhiteyAppleseed (2 million defensive gun uses a year. Tell that to the Gun Fairy who'd rather leave you toothless.)
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To: Valin
No, I didn't assume you think BCFR is good--you were clear in your post--"The campaign finance law is joke and I am still sick over the fact the supreme court didn't overturn it. Actually, It should have never had to make it there." At times, I'm a slow learner, but not that slow.

I did, however, ask you what part of BCRA would make an e-mail illegal--your post:So during that 30-60 day period when the U.S. Congress takes a vote on abortion, immigration, gun control, United Nations, taxes, treaties, etc., we won't be able to tell you about it without committing a federal crime and risking jail time! Even a simple E-mail alert will violate the law!

After asking you that questions, about where BCRA says that, I began looking for the answer myself. Section 203 has the Orwellian critierion that an ad could be made if no one hears it--say anything at all, as long as no one hears it, or in this case--50,000 people. The section of BCRA uses the word "communication" and I wondered if that is what was being used by the expression: Even a simple E-mail alert will violate the law!

65 posted on 04/03/2004 10:17:47 AM PST by WhiteyAppleseed (2 million defensive gun uses a year. Tell that to the Gun Fairy who'd rather leave you toothless.)
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