Any way, the point is, this will not go away just because the Court strikes this down again. The Senate doesn't care what the Constitution says and some of them will bring it up again and again.
If Bush were to veto the bill and point to the court decisions that say this is unconstitutional, he also puts the scum on the defensive and lives up to his oath of office. By signing this bill, Bush loses the main reason many people voted for him. They thought he was honorable and could be trusted.
The political strategy the administration is following may be too slick by half. They stand to lose more than they gain.
A month or so ago, Rove was whining about the millions of Christians who stayed home in the 2000 election. If millions of conservatives stay home in 2002 because of this, we lose on two fronts.
You hit the nail on the head. Buckley is the granddaddy case in campaign finance "reform." It has been reaffirmed in two dozen other cases since 1976. Buckley will not be reversed, or "revisited" as Li'l Tommy Daschle suggested last week.
And under the plain language of Buckley several sections of Shays-Meehan are unconstitutional, and will be struck down.
I agree with you about the President's decision to sign this monstrosity. I would have much preferred that he stand on the Constitution and vetoed the bill and let the chips fall where they may.
However, it now looks like we will get a Supreme Court decision striking Shays-Meehan BEFORE the November elections. If so, Li'l Tommy Daschle & company (including McCain) will be on the defensive for "deliberately passing an unconstitutional bill."
If so, it is the Democrats and squish Republicans who will suffer most in November, 2002. The result will be a better Congress, And the new Congress will not repass the same monstrosity.
That's my read on the situation. And I'm doing my part by attacking CFR in the Supreme Court with all guns blazing.