McCain-Feingold Act overblown by conservatives
Sen. John McCain has been hammered by conservatives about his sponsorship of the McCain-Feingold Act in 2001.
Flickr/Fraly
Flickr/Fraly
Sen. John McCain has been hammered by conservatives about his sponsorship of the McCain-Feingold Act in 2001.
published: February 23 2008 06:42 PM updated:: February 24 2008 09:09 PM

The demographic that has most consistently voted against Sen. John McCain in the Republican primary season will be the same group that he relies on in the general election: perennial Conservatives.

According to exit polls, primary voters in nearly every state who identify themselves as conservatives have heavily favored other Republican candidates such as Mitt Romney, Mike Huckabee, Ron Paul and Fred Thompson over Sen. McCain.

One of the most consistent reasons reported for conservative disapproval of McCain is the McCain-Feingold Act that the Arizona senator sponsored in 2001, which restructured campaign finance law.

Opponents to the legislation claim the act, sponsored by Wisconsin Sen. Russ Feingold and McCain, violates first amendment rights. In reality, many conservatives have fallen into the smear campaign by McCain's opponents that has created the false impression that the legislation is unconstitutional. 

The intention of the act was to stop under the table funding of state, local and national campaigns with so called soft money from large campaign donors, and to force candidates to approve messages put out by their campaign.

Many critics argue the act abridges free speech, but how?

There is nothing wrong with holding politicians accountable for their own words and for advertisements placed on their behalf. The act helps prevent attack campaigns that center around false statements and lies while cutting down on back door deals between politicians and campaign donors by making significant exchanges of money publicly accessible information.

The effect of the act is simply more transparency in Washington and a lesser ability for advocacy groups to spread false messages about politicians, not a constriction of freedom of speech as most opponents would indicate. 

The First Amendment states the following: 

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

So how does the McCain-Feingold Act intrude on first amendment rights? It doesn't.

Law respecting religion? No. Prohibiting the free exercise thereof? Abridging the freedom of speech? No. The right to peaceably assemble? No. Petition the government for a redress of grievances? No. 

Key Changes made by McCain-Feingold Act:  

  • All state committees are required to make public all campaign receipts received by the FEC, thus repealing the building fund exception that formerly protected donor's identity. (Sec. 103)
  • Every donor that contributes $10,000 or more to a campaign in a 12 month period is now required to file a report notifying the FEC. Also, any group that is expressly supporting or attacking a candidate must identify their identity or organization's identity within the advertisment. This basically requires advocacy groups to reveal their identity if they place an ad in favor of or against a specified candidate. (Amends FECA)
  • Individuals and groups are not allowed to make numerous donations by having money indirectly donated without filing with a report notifying the FEC. (Sec. 213)
  • Federal employees are no longer allowed to solicit the donation of campaign money while in a federal building or at an official federal event. This section of the Act will help prevent coercion and intimidation of federal employees while at the workplace. (Sec. 302)
  • Foreign nationals and foreign based groups are no longer allowed to donate more than $10,000 to a campaign of any kind. This section of the Act helps to limit foreign group's control on the outcome of election. (Sec. 303)
  • Amends the Communications Act of 1934 with regard to television media rates, allowing any person that is legally qualified and registered as a candidate for public office to receive an equal rate as other candidates to advertise or to appear on television. (Sec. 305) 

There is absolutely nothing unconstitutional or 'anti-conservative' about McCain's stance on campaign finance law.

In short, the McCain-Feingold Act is in no way unconstitutional, an assertion the Supreme Court has backed everytime the act has been contested. Nor is Sen. McCain more liberal than Gov. Mike Huckabee or any other of the Republican candidates.

To say John McCain should be considered liberal is like saying Michael Moore is your average "Bible-Belt" conservative.

If you are a conservative in the purest sense of the word and Sen. McCain is the eventually nominee, he should absolutely be your candidate of choice this fall when general elections roll around.

If you choose to vote for another candidate in the general elections based on the grounds that McCain is too liberal, you are simply buying into overexaggerated drama created by his opponents and multiplied by the media.

Take the time to form your own opinion and look objectively at pivotal issues such as this instead of taking critics at face value. If you disagree with me, fine, but take the time to make an educated argument against my position.

If anyone can make a solid case that McCain is "liberal" or that the McCain-Feingold Act is unconstitutional, I would love to hear it.

Comments

#1

john commented, on February 23, 2008 at 8:13 p.m.:

fine, if McCain-Finegold isn't restrictive of rights, why is McCain trying his damndest to get out from under the cap for the primaries?

#2

Kay commented, on February 24, 2008 at 6:48 p.m.:

Thompson voted for this bill and so did George Bush. A lot of people are mad at them too. People are more angry at McCain because he created it.

#3

jkb commented, on February 24, 2008 at 6:51 p.m.:

You should also consider the dissenting opinions of the Supreme Court. It was a 5-4 decision.

#4

JOHN commented, on April 26, 2008 at 9:31 a.m.:

WHAT PART OF," CONGRESS SHALL MAKE NO__ LAW ABRIDING THE FREEDOM OF SPEACH?" WHATS EVEN MORE DISTURBING IS THAT THE SUPREME COURT WENT ALONG WITH THIS RIGHT DOWN THEIR IDEALOGICAL LINES. ALL THE MORE REASON TO ELECT CONSERVATIVE CANDIDATES WHO BELIEVE IN THE STRICT INTERPRETATION OF THE DOCUMENT. GOD HELP US, IT SEEMS APPARENT NO ONE ELSE IS GOING TO.

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