PS 325: Elections, Money and Democracy

INSTRUCTIONS: This assignment is due March 23 at 10:30 am . Your final product may be no longer than four, double spaced, typed pages.

The exercise requires no research. Research would be more counterproductive than helpful. Your objective is to analyze the problems below in light of the reading and discussions for the class. The exercise is mandatory for all students. No late papers will be accepted. Keep a copy of your paper in the event your original is misplaced.

PROBLEM 1 (10 points)

Cognizant of the significance of the First Amendment speech and association interests at stake (and perhaps you should devote a paragraph or two making sure that the reader knows HOW cognizant you are):

Discuss whether post election campaign contributions can be forbidden. That is successful candidates often are flooded with “campaign contributions” from a variety of interests AFTER they are elected. Beginning with a hypothetical situation, assume the state of Misery passed a statute with forbade a person from offering or a state legislator from accepting a campaign contribution from election day, until one year (or 18 months? You propose and evaluate the appropriate time frame) prior to a candidate’s next primary election day. Identify and apply the correct First Amendment test.

PROBLEM 2 (10 points)

A popular tool for “cleansing” the campaign and election process of the pernicious influence of money is “Disclosure.” Specifically, candidates for federal (and many state) offices must keep extensive contribution and spending records (which are made public) and groups or individuals who make independent expenditures on behalf of candidates are also required to disclose the details of those expenditures with the FEC.

(a) Discuss the constitutional barriers to disclosure laws. That is, develop the SOURCE of the barrier and the SCOPE of barriers Specifically, how are they different than the barriers for independent expenditures?

(b) Make the evidentiary record that a group challenging independent expenditure disclosure requirements would have to develop in order to successfully avoid disclosure.

PROBLEM 3 (5 points)
Summarize the First Amendment framework provided by the Supreme Court for public financing of elections. That is, develop the formula describing the kind of government financed elections that the Supreme Court has approved.

Second, discuss how that framework will be applied to various means by which publicly financed or assisted elections are likely to emerge. That is, describe at least two different kinds of publicly assisted financing systems. Each will have mechanisms in place to achieve “secondary” goals in addition to the assumed primary objective of reducing the influence of private money in election campaigns. Discuss the First Amendment implications of each of the mechanisms/secondary goals of public financed elections based upon the framework you develop for the first part of this problem.

PROBLEM 4 (10 points)

Develop the arguments for the proposition that there is too little money in politics. That is while people assume that some groups or individuals have too much influence (as a result of their financial position) others assert more money should be spent on election campaigns. Develop the pros and cons of both positions. How would one go about ascertaining the correct of mount of resources to be devoted to electoral campaigns? That is, what factors or considerations should be reviewed to properly analyze the amount of money spent on an election?