Ending Legalized Bribery

You may have noticed a discussion of public financing on MyDD over the last few months.  A system of public financing of elections iis set up and working in a few states - Arizona, Connecticut, and Maine.  And while it's too soon to judge Connecticut, the system does work in Maine and Arizona.  David Donnelly of the excellent group Public Campaign has come on to MyDD and blogged about the issue and answered questions about the efficacy of the systems currently in place, which is incidentally why federalism works.  We can test things out in the states before scaling them.

Here's why I've been blogging about public financing. Tom Hamburger and Janet Hook of the LA Times have written an excellent article about the business lobby and the Democrats in Congress (if you like their work, send them nice email - tom.hamburger@latimes.com and janet.hook@latimes.com).

Incoming House Speaker Nancy Pelosi terrified the oil industry late last year when she outlined her priorities for the new Democratic majorities in Congress. Within the first 100 hours, she promised, they would "roll back the multibillion-dollar subsidies for Big Oil."

Last week, however, when Pelosi (D-San Francisco) won House approval of the much-touted bill socking it to the oil companies, it turned out to be considerably less drastic than many in the industry originally feared. Out of an estimated $32 billion in subsidies and tax breaks that the oil companies are scheduled to receive over the next five years, the final House bill cut $5.5 billion.

It's not just oil: From one end of the House Democrats' "first 100 hours" agenda to the other, businesspeople and their lobbyists have found success amid the fear in dealing with the new Congress.

Surprising as it might seem in view of the Democrats' public rhetoric, business groups are getting their telephone calls returned. And they're getting plenty of face time with the new House and Senate leaders.

Thanks to this access, the oil industry fended off many features it considered most objectionable in the proposed energy bill, and the big pharmaceutical companies had success keeping some provisions out of the new House Medicare drug bill.

And, while the House was passing its minimum-wage bill, small-business lobbyists were working the Senate to win tax breaks for their clients in the Senate's version of the bill.

"There was a lot more anxiety initially because of not knowing what was going to transpire," said Stuart Roy, a member of the prominent Washington lobby shop DCI Group and once an aide to Tom DeLay when DeLay (R-Texas) was House majority leader. Now, Roy said, "the anxiety level is down."

Robert Reich is very unhappy with the 100 hours agenda, and it's hard to refute his claims.  Perhaps Reich has the weary attitude of a man who has seen Democratic leaders enact very bad policies under the guise of progressive populism.  The signs are unmistakeable that this is a real danger going forward.  For instance, front-runner Hillary Clinton's senior health care advisor Laurie Rubiner came from the Republican side of the aisle, and Rubiner's health care solution, as written in the Atlantic, begins with "Believe it or not, there is a politically appealing way to achieve universal health-care coverage: simply require all U.S. residents to buy insurance, with government help if necessary." If I became incredibly cynical, I might believe that Senator Clinton is going to make subsidies to the health insurance industry one of two priorities for her Presidential run.  I assume her PR will be better than that, of course, and dress it up as 'insurance subsidies for kids'.

I'm not as cynical as Reich, and I believe that Nancy Pelois will be a great Speaker. The Democrats in Congress need help, though, in order to really legislate a progressive agenda. It's not enough to get them elected, or even to support good policies. We have to get rid of the pressure that compels them to spend much of their time begging for money for the wealthy.

The structural rot here is that politicians have to raise a massive amount of money to be reelected.  We're not talking netroots amounts, we're talking in the hundreds of millions, and pretty soon, billions.  That amount of money can only come from (a) corporate interests and (b) really rich people.  So Hillary Clinton, to pick a random politician, is now in the top echelon of recipients of health care industry cash of all politicians.  And she's the top Democrat in the race for President.

Though I'm picking on Senator Clinton, it's not really her fault that the game is rigged this way.  Well it is a little, since changing the game isn't her priority and she's a stahhh.  The problem is the gobs of money required to run for office, which immediately consigns large segments of the population to being unable to run for office.  This includes lots of those fighting Dems we talked about in 2004, many of whom didn't have the connections to raise all the money, but given the chance to organize instead of fundraise from rich people could have put a lot more seats in play.  

Public financing is the only solution to this problem.  It works, pulling the incentives out of the system towards corruption and subsidies for corporate elites.  It is a structural solution to the pressure Pelosi feels to bring business lobbyists to the table, even though they have stolen from the public for at least a decade.  We should get behind it.  And members in Congress who think that it's the obviously correct solution, but don't believe it's possible to enact, should reconsider their position.  It won't be enacted without leadership, but it can and will be done.

Tags: clean elections, Congress, Ethics, public financing (all tags)

Comments

37 Comments

Re: Ending Legalized Bribery

So, which candidates are going to change the system?  They all talk about the influence that money has over the political process, and how it undermines democracy, but how do we know one of them will actually do something about it?

by justinh 2007-01-22 07:11AM | 0 recs
Re: Ending Legalized Bribery

None of them.

If I were to be elected President, my Inaugural address would be something like:
"I am not running for reelection four years from now, because when I get done neutering the corporate power structure in Washington, D.C. - no one will vote for me."

I would love to see someone stand up and say, there will be NOTHING done until we have public financing of elections.  Then, stick to it.

by Robert P 2007-01-22 07:47AM | 0 recs
Re: "None of them."

Unfortunately, I don't really have any reason to believe otherwise.

by justinh 2007-01-22 09:31AM | 0 recs
tripartite government

It's too unrealistic to think that the President, House, Senate, and Judicial will all support a real change in the finance system - as much as we would like it to be.  

I'd fight for it, but there are so many special interests.  If you are fighting for UHC, you might have insurance and BIG HMO against you, but the auto industry is starting to come around.  You talk campaign finance and everyone from Autism Speaks to Zoologists for Fuzzy Panda's would rise up.

by Robert P 2007-01-22 09:33AM | 0 recs
Re: Ending Legalized Bribery

We should recognize head-on that one of the main efficiencies to come out of national health insurance - the elimination of most or all of the wheeling, dealing and record keeping expenses for the insurance companies, most or all of the commissions earned by pharma's well-paid sales reps and marketing and ad teams, etc. - will ruin the economies of a lot of towns, cities and counties in blue states.

Why is Lieberman so happy now?  Because he and Hadassah Lieberman can, more or less, charge a massive high "rent" in Connecticut for killing national health insurance.  Health insurance and its high costs are part of what make Connecticut and New Jersey the highest income states in the country.  National health insurance will do to Hartford, New Brunswick, Bergen County what stiff competition and bad management in the auto industry did to Detroit.

Even with a program of public finance, many of the dynamics will be the same.  Water seeks its lowest level; money seeks the leverages of power.  It's expensive and difficult to dam one river; how expensive to dam Congress in the face of a furious, industry-driven flood of demand for power, power, power.

by Bruce Godfrey 2007-01-22 07:12AM | 0 recs
Re: Ending Legalized Bribery

will ruin the economies of a lot of towns, cities and counties in blue states.

The elimination of the horse and buggy system of transport ended jobs as well.

by Matt Stoller 2007-01-22 07:14AM | 0 recs
Re: Ending Legalized Bribery

It's true, Buggyville, MI went out of business when their neighbors Detroit started building those damn horseless carriages.

by Robert P 2007-01-22 07:48AM | 0 recs
Re: Ending Legalized Bribery

To say nothing of the horseshoe industry in Albany, NY, whose owner supplied the whole Union army in the Civil War. The mass-production owed some of its genesis to a woman, I understand.

by Books Alive 2007-01-22 01:21PM | 0 recs
Re: Ending Legalized Bribery

....you lost me.

by Robert P 2007-01-22 02:55PM | 0 recs
Re: Ending Legalized Bribery

In response to your noting the end of the horse and buggy era, I noted the end of a major supplier of horseshoes, one who produced 15 million a year at his plant in Troy, NY.   Henry Burden is his name.

by Books Alive 2007-01-23 06:18AM | 0 recs
Re: Ending Legalized Bribery

It's a good thing too, that the horse and buggy era ended and we got the internal combustion engine and mechanization.  

The analogy falls apart, though, when you realize that buggies and horses were constructed and raised pretty much everywhere, unlike insurance and pharma, which are weighted in wealthy blue territory.  It's a concern along the lines of what Bowers has hammered home: mass layoffs on our side of the firing line is like friendly-fire artillery, self-launched.

It's the sort of thing that can produce a Republican Senate.  

At a minimum, serious discussions of national health coverage need to include the transferability of skills from working at big insurance and big pharma into working for the federal government, or in the alternative how these insurance companies will be able to bid for cost control consulting and management services and how big pharma (drugs and all non0-drug medical supply) will transform from having the federal government as the single largest customer to having it as the "52%-95% of sales" customer.  

One can envision mergers between Lockheed Martin and Cigna, etc.  But one cannot seriously envision the "Unemploy Massive, Prosperous Sections of the Northeast Act" sponsored by Chuck Schumer and Frank Lautenberg.

by Bruce Godfrey 2007-01-22 09:19AM | 0 recs
Re: Ending Legalized Bribery

It's the sort of thing that can produce a Republican Senate.  

On the other hand, Republican coffers are always stuffed with health care money, so gore-ing that ox will help Democrats.

by Matt Stoller 2007-01-22 09:56AM | 0 recs
Re: Ending Legalized Bribery

That's a good response.  Had not thought it through.  Would love to see how Chris Bowers would run the calculus.

by Bruce Godfrey 2007-01-22 11:21AM | 0 recs
Re: Ending Legalized Bribery

And it would benefit society at large.  Each of the 20M+ americans who would suddenly enter the ranks of the ensured would be indebted to the Democrats.  The Dems need to do things because they are right, not because they benefit constituency X.

by Valatan 2007-01-22 12:06PM | 0 recs
Re: Ending Legalized Bribery

But one cannot seriously envision the "Unemploy Massive, Prosperous Sections of the Northeast Act" sponsored by Chuck Schumer and Frank Lautenberg.

To which Act do you refer? I've missed reading about it, although I read just last night about Pfizer cutting 10,000 employees worldwide. In Pfizer's case, the patent on Lipitor will expire in 2011, so they are preparing for a loss in profits when a generic comes on the market.

Information on a Labor Department Employment and Training Administration program to serve Lautenberg's constituents including Pennsylvania and the Delaware Valley, plus Silicon Valley and Denver, two that are named in Lautenber's WIRED Initiative website.

The WIRED Initiative seems to address your point:

At a minimum, serious discussions of national health coverage need to include the transferability of skills from working at big insurance and big pharma into working for the federal government,...
This provides not for transferabilty of skills, but retraining. How would you see it?

by Books Alive 2007-01-23 06:53AM | 0 recs
Re: Ending Legalized Bribery

Good points.  The act I was considering was hypothetical.

Both retraining and transferability of skills are in play, in my view.   I have no answer and am hoping to get more attuned and fact-backed brains thinking of it (and get my own better educated and fact-backed.)

by Bruce Godfrey 2007-01-23 01:31PM | 0 recs
Hill has blown Federal 'clean elections' away

The prez public financing provisions were the only clean elections-style financing at the Federal level.

Now, Hill has said, thanks, but no thanks.

If, as must be a possibility, she marmalizes her opponents in the primaries and in the general, the conclusion many will draw is that clean elections is for marginal candidates, if not no-hopers.

The action described in the LAT is just what one would expect: the market is adapting to prevailing conditions. It's no skin off the lobbyists' nose that Dem chairmen had replaced GOP: they just need to diversify their personnel.

And, let's face, it's not a bug, it's a feature of the US political system. Clean elections is a great idea to reform political funding without the need for a constitutional amendment (which will not pass before the Last Trump). Unfortunately, in a contest with human nature, it's a featherweight against Iron Mike.

Remember: the only state with a long and murky history of political corruption that has passed clean elections is MA.

And they repealed it, because they prefer their elections dirty.

(Did the MA voters rise as a man in protest? Did they buggery!)

by skeptic06 2007-01-22 07:14AM | 0 recs
Re: Hill has blown Federal 'clean elections' away

Please address the situations in Arizona and Maine.

by Matt Stoller 2007-01-22 07:19AM | 0 recs
I think they would be 'outliers'

I'm not saying that a study of the way in which a clean elections law was passed in these states wouldn't be valuable: activitists in other states of similar size and nature could no doubt get tips to help them pass clean elections laws of their own.

But the Federal system is something quite different. My recollection was that clean elections-type laws were considered during the reform period in the 70s (circa Watergate) but the prez funding system was all that got enacted.

The problem is that a Federal clean elections law would provide a rallying point for every lobbyist in the country. Unlike other proposed changes to legislation, which only draw in lobbyists and their clients from specific industries, a clean elections law would affect every industry.

It would be like Harry and Louise cloned a thousand times.

Just how unpopular the idea is amongst MCs one gauges from the Tierney bill HR 3099 (109th), introduced on July 29 2005 and, by the end of the 109th, boasting the grand total of 40 cosponsors.

Pelosi, Hoyer, Emanuel were not amongst them.

by skeptic06 2007-01-22 07:38AM | 0 recs
Re: I think they would be 'outliers'

Pelosi was a cosponsor before becoming minority leader. She rarely cosponsors legislation anymore.

Hoyer signed our Voters First Pledge endorsing clean elections.

But let's not measure an ideas worth by whether the most successful fundraisers are behind it.

by David Donnelly 2007-01-22 09:37AM | 0 recs
That's good

(Though, just to be nitpicky, THOMAS says Pelosi cosponsored 200 measures in the 109th.)

But - 40 cosponsors just doesn't seem (to me, at least) that the issue has the salience among supporting Dem MCs that it would need if a reform working against the interests of all the deep pocket lobbies could even get started.

I think that lack of salience would reflects the lack of salience that the issue would (my suspicion) have for voters. One only has to think of the fate on the Senate floor of S 1, the ethics bill (what happened to the Office for Public Integrity provision, for instance), to get a hint of the appetite amongst MCs for real reform in the area of campaign finance.

Of course, Pelosi has it in her power to bring a clean elections bill to the House floor and test the views of reps with a roll call vote or two.

by skeptic06 2007-01-22 12:58PM | 0 recs
Re: Hill has blown Federal 'clean elections' away

The presidential system, enacted after Watergate, is very different than Clean Elections policies in the states. For starters, the state by state spending limits in the primaries and the inadequate amount of public financing in the general, make it very difficult for candidates who can raise more to decide to participate. We should judge the prez candidates on what they commit to do to fix it, not simply whether they participate.

On state's that have enacted Clean Elections with histories of scandals etc., surely you can't discount AZ's or CT's -- the Gov. Symington (AZ) and Rowland (CT) both served time in jail, as have other major figures in both states. That Massachusetts, with its old boy network, deep-sixed the voter-passed Clean Elections law before it had a chance to work is even further evidence of the fear that some in the political class has to the law's potential "cleansing" power.

by David Donnelly 2007-01-22 07:30AM | 0 recs
Re: Hill has blown Federal 'clean elections' away

Even with those scandalous histories, it still took years to get Clean Elections passed in the states where it is now the law.  We need to do the same for our scandal-plagued U.S. Congress, even though it may take years of effort.  The sooner we start, the sooner we can get there--and now we've started.

by DCreformer 2007-01-22 07:42AM | 0 recs
CT worth looking at, but...

I'd like to see it over a distance of ground. According to this, it was only enacted in 2005.

Plus - I don't think you can use the MA experience to boost clean elections. I suspect that clean elections laws get enacted in the states in two circumstances:

First, when the pols are such a bunch of goody-two-shoes (or are so starved for offers of moolah!) that going for clean elections is no skin off their nose, or lettuce out of their bank accounts.

And, second, when the governor or other high-ups in the state go to the hoosegow, and something is needed to restore the image (if not the substance) of a state government with integrity.

Neither of these reasons applies to Federal elections (not yet, at least), so, I'd suggest, the impetus necessary to override the siren calls of the moneybags is simply not there at the Federal level.

by skeptic06 2007-01-22 07:49AM | 0 recs
Re: CT worth looking at, but...

Neither of these reasons applies to Federal elections (not yet, at least), so, I'd suggest, the impetus necessary to override the siren calls of the moneybags is simply not there at the Federal level.

Well clearly.  It might be useful for you to dedicate your considerable brainpower to thinking through strategies to actually enact policies like this.

by Matt Stoller 2007-01-22 08:00AM | 0 recs
Thanks for the compliment, but...

The point of querying the political viability of essentially excellent schemes is that they are all competing for a relatively finite amount of funding, activist time, media exposure and other resources necessary for a campaign to enact legislative reforms.

No surprise that it tends to be that, the more attractive the reform, the harder it is likely to be to get enacted.

Thus, Medicare D negotiation (pretty thin gruel) is doable in the foreseeable future; single-payer healthcare (the gold standard) is not.

Moreover, the more difficult that a reform is to get enacted, the more it monopolises the resources available to reformers. (Undoubtedly, there's some elasticity there: a campaign for radical reform may well increase the size of the cake of total campaign resources. Though it's perhaps unlikely that that increase will amount to the whole cost of the radical campaign.)

As a result of that - and also of the discreteness of lefty interest groups - I suspect that generating a critical mass of will to start a campaign for public finance will be difficult.

For example, if the Dems score a trifecta in 08, my guess is that the public finance lobby would find nowhere near the support they would need simply because the proposals of other groups (on healthcare and education reforms, for instance) would be more attractive to MCs as electoral brownie point winners.

My suggestion: work at the state level. Get some decently populous states with a less than goo-goo rep to enact clean elections and make it work over a few years.

I don't know what the action on public finance is like in the leges in 07 (most of them should be in session soon, surely?) - but a functioning scheme would at least give reformers a start in a Federal campaign.

But - like single-payer healthcare - I'd say that public finance at the Federal level was a long-term goal which would (if it is) be won more by attrition than by some bolt of lightning from on high.

by skeptic06 2007-01-22 10:28AM | 0 recs
thanks for the suggestion

You just saved us "public finance lobby" a whole lot of time and money. We'll wait until House races are at $10 million and Senate races top $100 million.

by David Donnelly 2007-01-22 11:17AM | 0 recs
I'm not following

I suggest (and give reasons why) enacting a Federal clean elections law would be difficult in the foreseeable future; and suggest how in the meantime the cause of clean elections might be advanced (by action in the states).

And your counter-suggestion is - what? That I shouldn't say stuff that's discouraging even though it's true and relevant?!

(I'm not guaranteeing it is true and relevant; but I'd rather hope that, if you thought what I said ignored an effective way of enacting Federal clean elections, or was otherwise faulty, you'd point out exactly where I'd gone wrong.)

Of course, if you did have a plan mapped out step by step for enacting Federal clean elections, you'd probably not be outlining it to all and sundry two years from the start of the (we hope) trifecta 111th.

Just saying...

by skeptic06 2007-01-22 12:32PM | 0 recs
Re: I'm not following

Advances in public policy arenas like this one (where there are significant institutional barriers)  come in fits and starts. It took seven years to for some reform organizations to win BCRA, and it was Enron that arguably put it over the top.

It's a long fight, but you have to engage at both the federal level and the state level simultaneously. For example, why this conversation has focused on federal reform, a public financing bill is very possible in Maryland this year. A win in Maryland, in the backyard of Congress, would have more impact than, say, a win in Washington state, where activists are moving ahead a proposal to public finance judicial races.

In Congress this year, however, with the focus on corruption and scandals and the passionate leadership of Dick Durbin, we have the opportunity to start the fight, and reach a new plateau of support. You make hay while the sun shines, so to speak, and the sun is shining bright today. There will also be a broader, and more powerful, coalition that what was assembled to back BCRA (McCain-Feingold). So while no one here should be naive that passage will come immediately, everyone should recognize the important moment we are in to establish Clean Elections as the standard against which we measure elected officials. McCain got to do that for years. It's our turn now.

In other words, it's not either/or. If it was, we'd set back the federal effort years. State policies will advance this year -- no doubt about it -- in MD, WA, NM and elsewhere. Some might even pass, if we work hard. But if we don't push Congress while scandals are in the news and the public is unsatisfied, then shame on us.

by David Donnelly 2007-01-22 01:07PM | 0 recs
lots of typos -- sorry

Hope my meaning came through despite my spelling errors and too quick click on "Post"

by David Donnelly 2007-01-22 01:16PM | 0 recs
I'm following now

I absolutely agree that reforms like clean elections take a long time, and that a broad campaign across the states as well as in DC is the way to go.

I also agree that reforms like this tend to rely on a tide being taken at the flood to push them towards getting enacted.

What I'm disposed to doubt is there is any early prospect of a tide sufficiently high to float so deeply damaging to so many vested interests as clean elections.

On the other side, as well as (my impression - perhaps there's polling to contradict it) the lack of salience that campaign finance (or even, more broadly, clean government) has for voters, there's the hard fact that most such reforms prove to be of limited effectiveness.

Even the BCRA was pretty promptly skirted round by the use of 527s (and Dems, as I recall, were the first to exploit 527s on an industrial scale); low limits on hard money contributions are circumvented by PACs and bundling; there is no moral opprobrium attached to evading such laws by legal means.

So, on the one hand, vast swathes of business and their lobbyists will go troppo at the very notion of clean elections, and MCs inclined to support clean elections will expect to spend long hard hours pacifying them, and spending political capital in so doing. (They may well prefer to oppose them.)

On the other, they may feel, based on the record of similar reforms, that, even if the law were enacted, it would not make much difference.

(Strange that Hillary should choose this moment to wave away Federal funding for the 08 general!)

My point is that MCs - and, in particular, Dem MCs in the first weeks and months of a trifecta 111th - will be besieged with demands for their attention from lobbies good and bad.

And many of their proposals will have a bang/buck ratio (for buck, read time and effort) a good deal more favorable than clean elections.

Plus - even if Congressional ethics had a high salience right now for voters, and they connected campaign finance with ethical problems, so as to produce a high level of support for reform, right now, nothing can be done at the Federal level - the bare minimum for action is the aforementioned trifecta 111th.

And, by 2009, who knows what voters' priorities might be.

I'm not saying it's Mission Impossible; it's more like - Mission I Can't See How It's Possible.

by skeptic06 2007-01-22 03:18PM | 0 recs
Re: CT worth looking at, but...

Didn't Bob Ney just go to jail?  That seems to be a "high up going to the hoosegow," no?

Yes, it will take education and organizing, but as far as impetus for Clean Elections on the federal level... well, I certainly hope we're there already.

by DCreformer 2007-01-22 08:03AM | 0 recs
'Bob Who?'

Seriously - he was chairman of the House Admin Committee. I'd not like to speculate what his name recognition was, but since half the country don't know who Harry Reid is (my recollection from recent polling), I'd suspect that Ney flew well below Joe Sixpack's radar!

There is no impetus, so far as I'm aware. I'm not clear what proportion of voters even understand the principle of clean elections laws.

Even if they could be educated on the subject, they would need to be an extraordinary sustained wave of public pressure on legislators such as - so far as I'm aware - has never been stirred up on a similar matter.

And this (implausible) wave would need highly motivated groups to get (and keep) it going with the depth of pockets to fund offense against a campaign many times the strength of Harry and Louise.

Which might those groups be?

Even going back to Watergate - surely the time, if there was one, when public funding of Congressional Elections could have been passed - it didn't make it.

There is a useful chapter in Julian Zelizer's On Capitol Hill (p108ff) which looks at the attempts to enact campaign finance reform in the early 70s, leading to the passage (as it were!) of FECA (HR 16090 (93rd)) in 1974.

The Senate (p121) passed 53-32 a bill S 3044 on April 11 1974 providing for public finance of Congressional elections.

The House got to the point of amending HR 16090 to include public finance, but the amendment failed 187-228 on 8 August, because some Dems didn't like the idea that the Dem share of Uncle Sam's moolah would be doled out by DCCC chairman Wayne Hays.

The conference report reconciling the two bills struck the Senate public finance provision.

Now, if, with Watergate fresh in everyone's minds, considerations of turf bulked larger than (to coin a phrase) clean elections - what will it take?

by skeptic06 2007-01-22 10:05AM | 0 recs
Stahhh?

WTF?

by MNPundit 2007-01-22 07:21AM | 0 recs
Re: Stahhh?

Star, with a bit of Brooklyn in there

by Matt Stoller 2007-01-22 07:35AM | 0 recs
the article is a bit over the top

I'd like to find ANYONE in America who thinks this is surprising:

"Surprising as it might seem in view of the Democrats' public rhetoric, business groups are getting their telephone calls returned."

and I'd like to find any examples of public rhetoric which promised such a thing.  

by John DE 2007-01-22 07:45AM | 0 recs
clarification

The article is actually great, with lots of important facts and quotes, and the authors do deserve kudos.  It's just that statements like the one I highlighted seem like right-wing talking points (Democrats are against business, against religion, against the military, etc,)  

by John DE 2007-01-22 07:57AM | 0 recs

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