Monday, August 29, 2005

When In Doubt, Blast the FEC

The New York Post has joined the chorus of major newspapers(Wash. Post and Fred Wertheimer in particular are strident in their opposition) decrying the FEC Advisory opinion that would allow California Congressment Howard Berman and John Doolittle to raise funds to counter a ballot initiative in their homestate that could redistrict them out of a job.

Of course it is very easy for the press and campaign reformers to take a stab at the FEC, since the FEC is an easy scapegoat. But like all complicated questions of public policy, the real culprit lies elsewhere. In this case, the fault and blame should be place squarely at the feet of Sens. McCain and Feingold and Reps. Shays and Meehan--the authors and architects of the train wreck called BCRA.

You see the FEC is guilt only of interpreting a law given to it by Congress. Congress is setting up the regulatory framework of BCRA could have said no candidate for federal office or federal officerholder may raise any soft money for any election regardless of whether that election is a federal election, state or local election or a ballot question. But Congress didn't. They restricted the soft money ban to elecitons in which a federal candidate appears on the ballot. In this case, neither Berman nor Doolittles nor any other federal candidate will appear anywhere on the ballot. Thus it is not an election for the purposes of BCRA--which is exactly the opinion given by the FEC.

In short, the FEC followed the law as it was written. If Shays and Company along with the Reform community want to argue something different, they need a different law. To change the law, Congress needs to amend it by making the tough choices and running the risk of political and constitutional obstacles.

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