SUSIE & TYLER’S CURRENT EVENTS April 29, 2014 THE BASICS Topic: McCutcheon v. FEC: Campaign Finance Laws and Free Speech
Vocabulary •
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Aggregate contributions: total of all of the following contributions made by or received from a person for all elections in a campaign (all contributions, all earmarked contributions, all expenditures encouraged in order to avoid a contribution (Montana Secretary of State) Federal Election Commission (FEC): created by Congress to administer and enforce the Federal Election Campaign Act (FECA), the statute that governs the financing of federal elections (http://www.fec.gov) Citizens United v FEC: SCOTUS ruled that the federal government may not prohibit direct corporate and union spending on advertising for candidate’s elections (National Conference of State Legislatures)
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Campaign Finance Reform: political effort in the United States to change the involvement of money in politics, primarily in political campaigns (Wikipedia.com) Buckley v. Valeo, 1976: SCOTUS case involving the constitutionality of the Federal Election Campaign Act of 1971; decision upheld limits on contributions to candidates for federal office; the Court ruled that overall limits on spending by federal candidates and their committees violated the First Amendment (PBS) McCain-Feingold Act, Public Law 107-155: US federal law that regulates the financing of political campaigns; became effective November 6, 2002 (about.com)
Articles •
“The rich are dominating campaigns. Here’s why that’s about to get worse.”
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“How wealthy campaign donors may reduce political polarization and weaken the tea party” (Washington Post) “Supreme Court Strikes Down Overall Political Donation Cap” (NY Times) “Why Care About McCutcheon?” (anti-McCutcheon opinion) (NY Times) “Free Speech at Last: McCutcheon Decision Just Right” (pro-McCutcheon opinion)
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“Justice Stevens Suggests Solution for ‘Giant Step in the Wrong Direction’” (NY Times) “Thomas again calls for overruling of Buckley v. Valeo” (First Amendment Center)
(Washington Post)
(National Review Online)
Questions to Consider • • • • • • • • • •
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How are political campaigns financed? What is campaign finance reform? What abuses led to bipartisan campaign finance laws? What is the McCain-Feingold Bill? What is free speech? How do political contributions connect with free speech? How do you guard against corruption in politics? How much money do Americans spend on political campaigns? Do wealthy contributors “buy” government influence? Should the government limit campaign contributions and spending? How can Americans achieve genuine campaign finance reform without jeopardizing freedom of expression? (http://www.pbs.org/now/classroom/campaignfinance.html#objectives) Do people in the United States with more money have a larger voice in political discussions? Should they have a larger voice? Should the political playing field be leveled so that everyone has an equal voice? Why or why not? If so, how? How do the Supreme Court decisions in Citizens United and McCutcheon change the rules for making political contributions? How does the United States compare with other countries in the use of money for political campaigns? Is the amount of money or where the money comes from that is most important in keeping elections corruption free? Would you add lack of transparency as a factor in corruption? Why or why not?
THE EXTRAS Pre-teaching, Extensions & Further Reading • • • • • • • • •
Campaign Finance Reform (good background for teachers!) (PBS) “Federal Elections Commission overview of campaign laws” (FEC) “What Money Buys: Campaign Finance Files” (PBS) “The Limits and Importance of Campaign Finance Reform” (ThinkProgress) “Supreme Court Strikes Down Overall Campaign Contribution Limits” (Congressional Digest) “What McCutcheon means – in 1 infographic” (Washington Post) “Campaign Finance Reform Historical Timeline” (Connecticut Network) “McCutcheon vs. FEC” (good overview!) (OpenSecrets) “International campaign finance: How do countries compare?” (CNN)
Lesson Plans • Campaign Finance Reform (PBS) • Political Cartoons for the Classroom (Citizenship Law Related Education Program for the Schools of Maryland)
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Ask students to form hypotheses about the effects of costly political campaigns on the democratic process. Possible responses could include: The prospect of raising huge sums of money may discourage well-qualified persons from running for office. Incumbents spend a great deal of time raising campaign funds – time that should be devoted to their official duties. Candidates may feel politically obligated to wealthy contributors.
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Other Cartoons “Second Coming of Citizens United, McCutcheon v. FEC, Would ‘Create a System of Legalized Bribery’” “Supreme Court: McCutcheon vs. FEC” (The Cagle Post) “Political Cartoonists Respond to McCutcheon v. FEC decision” (publiccampaign.org)
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Political cartoons approving the McCutcheon decision are hard to find. Assign the creation of pro-McCutcheon cartoons to students to explore the perspective of the other side. Campaign Finance Reform: An Activity for High School Students (Morningside Center for
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Money in Politics (C-SPAN Classroom Deliberations)
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Teaching Social Responsibility)
What’s the connection? Constitution • First Amendment: An Overview (Cornell University Law School) • “What does Free Speech Mean?” (United States Courts) • “The Constitution and Campaign Finance – A Legal Movement for Change” (Frontline, PBS) •
“Federal Election Campaign Finance Reform: Constitutional Implications” (Cato Institute)
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“McCutcheon v. Federal Election Commission” (The Oyez Project at IIT Chicago-Kent College of Law)
Students • “Test Your First Amendment Knowledge” (USA Today) • “CNN Student News Learning Activity: Campaign Finance” (CNN)
Oregon State Social Science Standards/CCSS 8.14. Explain the rights and responsibilities of citizens. HS.24. Analyze and critique the impact of constitutional amendments. HS.27. Examine functions and process of United States government. HS.33. Explain the role of government in in various current events. HS.34. Explain the responsibilities of citizens (e.g., vote, pay taxes) HS.35. Examine the pluralistic realities of society (e.g. race, poverty gender, and age), recognizing issues of equity, and evaluating need for change. 6-8.RH.2 Determine the central ideas or information of a primary or secondary source; provide an accurate summary of the source distinct from prior knowledge or opinions. 6-8.RH.8 Distinguish among fact, opinion, and reasoned judgment in a text. 6-8.RH.9 Analyze the relationship between a primary and secondary source on the same topic. 9-10.RH.2 Determine the central ideas or information of a primary or secondary source; provide an accurate summary of how key events or ideas develop over the course of the text. 11-12.RH.2 Determine the central ideas or information of a primary or secondary source; provide an accurate summary that makes clear the relationships among the key details and ideas. 11-12.RH.9 Integrate information from diverse sources, both primary and secondary, into a coherent understanding of an idea or event, noting discrepancies among sources.
We the People Lesson Connections Middle School, Level 2 • Unit 4, Lesson 22; How does the U.S. Supreme Court determine the meaning of the words in the Constitution? • Unit 5, Lesson 23: How does the Constitution protect freedom of expression? • Unit 6, Lesson 29: What are the rights and responsibilities of citizenship? • Unit 6, Lesson 30: How might citizens participate in civic affairs? High School, Level 3 • Unit 4, Lesson 25: What is the role of the Supreme Court in the American Constitutional System? • Unit 5, Lesson 29: How does the First Amendment protect free expression? • Unit 6, Lesson 37: What key challenges does the United States face in the future?
