For Release: February 8, 2006
Contact: Derek Cressman 916-446-4741
Citizen Organizations Call on Court to
Approve Campaign Spending Limits
Limiting spending on political campaigns would help ensure
a representative democracy, according to a brief filed today
by eight grassroots citizen organizations that urged the Supreme
Court of the United States to uphold the constitutionality
of tough campaign finance reform.
"When powerful interests can spend more than the rest
of us in political campaigns, it weakens the very fabric of
democracy that Americans have worked for generations to create,"
said Derek Cressman, director of TheRestofUs.org, which organized
the amicus brief from the groups. The National Association
of State PIRGs (USPIRG), Common Cause, the League of Women
Voters, AARP, Public Campaign, Citizens for Responsibility
and Ethics in Washington, and the Union for Reform Judaism
also signed the brief.
On February 28, the Court will consider whether campaign
spending limits can be constitutional under any circumstances.
The Second Circuit Court of Appeals has ruled that Vermont's
campaign spending limits can be found constitutional. The
Supreme Court last considered campaign spending limits in
1976 when it found that they were not justified on the grounds
of preventing candidate corruption but left open the possibility
that they might be justified for other reasons.
The reform organizations argue that spending limits are a
justified measure to preserve representative democracy. The
U.S. Constitution guarantees citizens the right to a republican
form of government, which requires an elections process that
accurately reflects the will of the voters. When the candidate
who spends the most money wins 97% of elections, the brief
argues that elections no longer reflect a true public consensus,
but rather inflate the role of powerful donors.
The brief is posted at http://www.therestofus.org/Vermont/Reform.groups.spending.limits.brief.pdf.
Excerpts follow:
"Vermont has a compelling interest in guaranteeing a
republican form of government through bolstering voter engagement
and participation in elections and enhancing the debate on
public and electoral issues. That interest is of constitutional
significance and suffices by any measure as a compelling state
interest that outweighs the interest of candidates with ample
funds to spend without limit. Because that interest is so
strong, and is asserted by a state with its own constitutional
responsibilities in the area of republican self-governance
and elections, it warrants deference by this Court."
"The underlying principle of a republican government
is that citizens have the right and responsibility to elect
representatives to govern them. The representatives, in turn,
must act in the interest of those they represent. This relationship
thrives when representatives deliberate upon and determine
the collective best interest. The republican form of government
also depends on public participation in elections and in communicating
with their representatives, which enhances the legitimacy
of government and improves public policy by fostering the
involvement of citizens with a wide range of perspectives.
In enacting expenditure limits, Vermont understood the importance
of deliberation and public participation in preserving a republican
form of government. These important traditions have long been
part of Vermont's political culture. Act 64's expenditure
limits promote deliberation and public participation by preventing
corruption and its appearance; increasing the competitiveness
of elections and the number of candidates who can run for
elected office; creating more time for deliberation among
elected officials; and fostering direct voter contact by elected
officials."
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TheRestofUs.org is a non-partisan watchdog of the role of
big money in politics.