Earmark Silliness versus Public Financing

I'm as outraged as anyone at Harry Reid's apparent move to protect secret earmarks.  I have a call into his office, and I'm told that there were some negotiations going on that suggest that Reid's work isn't as bad as it's being reported.  I tend to trust Josh Marshall on this, but my general reaction is less annoyance at this specific fight and more frustration at the avoidance of the real issue at hand by various parties involved in the ethics and corruption field.  Let's be honest - quasi-corrupt practices such as secret earmarks are not the result just of bad people in politics, they are the result of structural factors that encourage the legalized bribery of our governing class.  If you restrict secret earmarks without changing any other incentives, you'll simply push the quasi-corruption into another legal vehicle designed to bilk the public and hide the costs.

The good government world simply doesn't recognize this.  Take Citizens for Ethics and Responsibility in Washington, which does amazing work on corruption and is pushing for various amendments and procedural changes in how members and lobbyists relate to each other.  Or Public Citizen.  Or Common Cause.  Or any of the good government groups.  They are all pursuing the same remedies that failed in the 1970s, process reforms to restrict the flow of money into politics, sometimes on the inflow side (campaign finance) and sometimes on the outflow side (earmarks).

These reforms do not and never have worked and I'm really tired of liberal groups focusing on them as some sort of panacea.  You might be able to make the argument that the Supreme Court in Buckley crippled some of these reforms, but the reality is that you can't pull money out of politics.  You can't.  Not gonna happen.  Can't happen.  Money is political, and restrictions are just another creative problem for election lawyers and lobbyists to tackle.  Te good ones will tell you this themselves.

What you can do is change the incentives for candidates to direct this money for the public welfare, and that means, drumroll, public financing of elections. If you are serious about ending legalized bribery, you would look at a situation where freshman members have to raise $25,000 a week every week for the next two years with corporate lobbyists salivating to hand them cash and say 'Hey, that's a bad incentive model.  We should change it'.

Dick Durbin has a bill to publicly finance elections. It's there.  It's worked in Maine and Arizona.  If a quarter of the effort went into the push to publicly finance elections that goes into this stupid and rather petty fight over earmarks and criminalizing lobbying, we would be a lot further on restoring public ownership of our political system.

I'm getting pretty upset with the Democratic leadership in the Senate, but I'm going to be honest and point out that this is a result of serious strategic flaws in the funding, good government, liberal single-issue, and political consulting communities.  Harry Reid and Max Baucus are not good for progressives, but they are operating in a world we can change.  That we won't change the rules on them is our responsibility.

Tags: clean elections, Dick Durbin, Earmarks, Harry Reid, Mitch McConnell, public financing (all tags)

Comments

19 Comments

Re: Sirota Piece

"Democrats, Corruption & the Difference Between Two Washingtons"

By David Sirota

http://www.workingforchange.com/blog/ind ex.cfm?mode=entry&entry=F8A66FF3-E0C 3-F084-DEB68EF1BE865205

by justinh 2007-01-12 10:21AM | 0 recs
Re: Earmark Silliness versus Public Financing

Amen and hallelujah.

by thirdestate 2007-01-12 10:21AM | 0 recs
Re: Earmark Silliness versus Public Financing

I've looked at the various earmark proposals in some detail and read the debate in the Congressional Record from yesterday.  I don't think there's a real reason to be upset with Reid, other than that in procedural terms the Dems kind of came off like Amateur Hour yesterday.

The fact is that Reid's earmark reform bill, and the Republican amendment which is based on Nancy Pelosi's House reform, both have their good points.  For example, without going into too much detail, the Republican version would have defined a much bigger class of earmarks.  In some cases, this is good - for instance, the Republicans argued that the very earmarks Duke Cunningham got busted for wouldn't be covered by Reid's definition.  On the other hand, the Democrats argued that it goes way overboard and that, for instance, standard disbursements for global AIDS fighting would get labelled as "earmarks" by the broad definition, resulting in a lot of waste and bureaucracy.

On the flip side, Reid's bill called for all earmarks to be publicized on the Internet 48 hours in advance of a vote.  That's pretty awesome and the Republican bill wouldn't have done this.  Also, Reid's bill not only counts expenditures as earmarks, it also counts targeted tax breaks as earmarks.  That's important because obviously, you can either give someone a million dollars in free money or a million-dollar tax break, and it costs us taxpayers the same amount either way.

And Reid was a little upset because his staff and the Republican staff had worked for a long time trying to come up with the definitions, and he felt like the Republicans were mucking it all up with a political stunt that would have messed up a lot of the carefully-crafted language, even though the overall result might have been better in some ways.  As things cooled down, it seems like a deal got worked out, and for all I know we ended up with the best of both worlds.

I know very few of us are interested in digging down into the details of these issues, but the bottom line is I think it's a big mistake to see this as a good vs. evil debate with Reid cast in the evil role.  It's just not that simple.

by Steve M 2007-01-12 10:27AM | 0 recs
Re: Earmark Silliness versus Public Financing

No NO, it IS that simple.  All "establishment" Democrats are bad and all "non-establishment" Dems are bad.  Black and white.  Cut and dry.  Haven't you been paying attention?

by HSTruman 2007-01-12 10:46AM | 0 recs
Re: Earmark Silliness versus Public Financing

You're right, of course.  I suspect Joe Lieberman, Mary Landrieu, and Max Baucus were behind this move.

by Steve M 2007-01-12 12:47PM | 0 recs
Marshall is reporting...

...that Reid has ended his opposition.

by MNPundit 2007-01-12 11:46AM | 0 recs
Public finance 'mother of all battles'

It would be like single payer healthcare for the usual suspects in that field, only it would affect every industry.

Matt is absolutely right that, whatever goo-goo reforms are passed, the money will find its way into the pols' hands because their need for cash is so great.

But the amount of paid media that would be targeted at a Federal clean elections bill that looked as if it might go somewhere would make Harry and Louise look small potatoes indeed.

Bear in mind that all of those whose votes would be needed to pass clean elections would have taken money that was - not clean - to get elected in the first place.

My understanding - from here, mostly - is that the only state with a history of notably dirty elections in which a clean elections law has been enacted is MA - and they voted to get rid of it after five years in 2003!

by skeptic06 2007-01-12 12:00PM | 0 recs
True enough, but Matt is right

We have to dedicate ourselves to getting clean elections... for the good of the netroots influence.  

It's true that all industries would fight it tooth-and-nail and that all politicians would have come through the dirty system, thus presumabley have some level of buy-in (at least on the outside).

But this should be a top-tier issue for the progressive netroots, if for no otherreason than thatthe upside is so tremendous for us.  Think how much our voice would be amplified if billions of dollars were not crashing through Congress wreaking havoc!

Also... I think that there actually IS support for this from Congresscritters.  Many of them probably despise groveling to lobbyists and hate the fundraising aspect of being in Congress.

Also, please note that there is a barrier to publicly disclosing support for this that disappears once a threshold has been crossed, so much of the support is not visible now (this is a hunch, not based on many 'facts')

by teknofyl 2007-01-12 12:26PM | 0 recs
we need to work for this at the state level

If we get public financing in enough states, there will be politicians of both parties who see the benefits and will go to bat for it on a federal level. This will take quite a few election cycles, but you need to start somewhere. We've already got good systems in place in a few states. Iowa may be able to pass public financing with the new governor and legislature.

I don't know whether the Massachusetts law ever was really tried, because I think the corrupt Dem-controlled legislature refused to fund the program. In Arizona and Maine the clean elections system has bipartisan support.

by desmoinesdem 2007-01-12 06:58PM | 0 recs
Re: Earmark Silliness versus Public Financing

Thank goodness, Matt, that you are speaking out against knee-jerk "progressive" endorsement for procedural tinkering at the edges of the election process. This stuff ALWAYS screws the underdog, and that is us. Going all the way, clean elections, seems to actually work. We need to support nothing less.

by janinsanfran 2007-01-12 01:44PM | 0 recs
Re: Earmark Silliness versus Public Financing
Matt are you suggesting that good government groups drop all of their other CFR/ethics campaigns to focus solely on public financing? It is not like they dont already work to get public financing passed.
by juls 2007-01-12 05:54PM | 0 recs
Re: Earmark Silliness versus Public Financing

Matt are you suggesting that good government groups drop all of their other CFR/ethics campaigns to focus solely on public financing?

Yes.

It is not like they dont already work to get public financing passed.

Actually, that's exactly what is going on.  If you prioritize one thing you deprioritize another.

by Matt Stoller 2007-01-12 09:20PM | 0 recs
Re: Earmark Silliness versus Public Financing

Not true. Legislative proposals are vector in nature, not scalar. Subtracting two different ones, because they go in two different directions, is only relevant if you are interested in the net effect of both.

however, if the fork is moving to the right and the knife is moving to the left of your plate, there is no need to make a comparison.

so true of aids funding, and, say, environmental earmarks. different budget.

by heyAnita 2007-01-12 11:52PM | 0 recs
This just kills me

Try to restrict campaign contributions and the SCOTUS makes it equivilent to free speech.  So, maybe for now, we can't restrict contributions.  But we sure as hell can restrict the taking of campaign contributions by members of either body and if we did, watch how fast every last one of them would line up for public financing.

It is a straight foreward conflict of interest to vote on any measure which would accrue to the benefit of anyone who has  provided a benefit of any kind, including campaign contributions, to the member who is voting...and that would include contributions by the member himself. And any member with such a conflict could easily be prohibited from voting, as a sanction..  That would include all members on all measures, basically.  And that should be the rule.  And if enacted as part of each body's own internal governing rules, it would be beyond the Supreme Court's power to intervene.  

We can do this. But only if the elected Democratic members stop playing games and stop crying crocadile tears. Of course the Republicans could reverse the rule if they took power again, but hard to do without wads of corporate and executive campaign contributions!

by NorCalJim 2007-01-12 08:20PM | 0 recs
Re: This just kills me

I doubt you could pass a rule that would disable a member from voting.  That seems like it would raise a constitutional issue.

by Steve M 2007-01-12 08:58PM | 0 recs
Re: Earmark Silliness versus Public Financing

I agree with most of the post although public financing is not a cure all.  It makes things better and reduces the influence of lobbyist although they still manage to gain access through PACs and other methods.

THe important thing that public financing does is to open the process to those of modest means and those who can raise some money but not necessarily raise $25K per week.  In an age when more and more members of Congress are independently wealthy, giving access to elective office for those who aren't is where I really beleve public financing makes a difference.

I think the lobby reform proposals, while nice in nature, are largely PR BS which are unenforceable and will have little impact on the system.

I support the earmark proposals because I generally believe in open government and believe people have a right to know where their money is being spent.  I am not sure how much they will actually impact actions but letting people know who is asking for what earmark is a good idea.

by John Mills 2007-01-13 08:50AM | 0 recs
Re: Earmark Silliness versus Public Financing

No need for the slams on Common Cause and Public Citizen.  Both have been calling for public financing of campaigns a lot longer than you've been on the scene.

by kryss2848 2007-01-16 10:08AM | 0 recs
Re: Earmark Silliness versus Public Financing

Putting aside what you think of the ethics/earmark reforms, pushing for them will not preclude working for public financing.  Ethics will be over next week - the push for public financing is already happening, with Durbin, with Common Cause and others.  Watch for it and help out.

by EDavis 2007-01-16 12:32PM | 0 recs
Re: Earmark Silliness versus Public Financing

I have to say poor form calling out Public Citizen and Common Cause as these decrepit 70's dinosaurs of activism.

When you go to the Common Cause web page, the first thing you see today is their support of net neutrality. The bulk of the info on their website seems to be on voting rights. Antiquated 70's ideas like expanding voting day and allowing same-day voter reg.

But, on both the PC and CC site, they fully embrace public financing of elections.

From Public Citizen's work on CFR:
Public Citizen has long been committed to bringing about comprehensive campaign finance reform. The best and most comprehensive reform is voluntary public financing of all federal elections where candidates have strong incentives to replace private money with public funding.

And then, from Common Cause:
Common Cause strongly supports public financing of elections.  It is a proven way to give voters more control over government, make politicians accountable to their voters rather than their campaign contributors, and level the playing field by giving all citizens a fair shot at getting elected.

Common Cause has been a leader in pushing for public financing of campaigns for more than 30 years.  We led the successful fight for presidential public financing in 1974, and we are working to improve the system.  We are also leading a long-term effort to pass public financing for congressional races.

In the states, Common Cause chapters have worked for the passage of groundbreaking public financing systems in Wisconsin, Minnesota, New Jersey, Rhode Island, Florida, and Michigan.  Since then, we have worked to defend and strengthen these laws and enact new public financing systems in other states and cities such as New York and Los Angeles.  We are also helping to defend against constant attacks on clean elections laws in Maine and Arizona, which we helped to establish.

Our most recent victories were in Connecticut (December 2005) and Albuquerque (October 2005). We are actively involved in campaigns in California, Maryland, New Mexico, and Tennessee.

So Matt, what the hell are you talking about? If you're going to trash groups, you better at least be right about it.

by dirt 2007-01-17 08:13AM | 0 recs

Diaries

Advertise Blogads


----------- myDD - skin -----------