America The Possible, Part II
Continued from previous page
• The Senate needs a host of reforms, including abolishing the current practice of filibusters. Given the way filibusters are now managed, senators representing a mere 11 percent of the U.S. population can exercise effective control over legislation, at least in theory. And there is another, but difficult, way to bring more democracy to the Senate: with congressional approval, large states could decide to subdivide into two or more smaller ones.
• The most important prodemocracy reform is to undermine the power of money in our elections and in lobbying. The emphasis of campaign finance reform should be on encouraging small donor contributions and public funding of elections—the democratization of campaign finance itself. The Fair Elections Now Act, introduced in Congress in April 2011, embodies this approach for congressional elections and has many supporters in the House and Senate. Several states have already pursued the approach with success. Candidates who participated in “clean” or “fair” state election programs similar to Fair Elections Now hold about 85 percent of the legislative seats in Maine and around 75 percent in Connecticut.
• Major efforts should be pursued to address the many problems created by the Supreme Court’s decision in Citizens United, which opened the floodgates to unrestricted campaign spending by corporations and unions. Amending the Constitution should be a priority, in the process depriving corporations of constitutional personhood. Or Congress could regulate the impact of the Supreme Court’s decision, as Democrats tried unsuccessfully to do in 2010 with the Disclose Act proposal. At least it would have required disclosure of the source of campaign spending. There are two other attractive ideas for regulation. One would require that corporate boards, or even the shareholders themselves, approve all campaign spending initiatives. A second regulation would greatly strengthen the requirement that these corporate contributions be truly independent—that is, not coordinated in any way with the candidate being supported. And, of course, the court could simply reverse itself, for example, if a new justice were appointed to replace one of the five in the majority.
• Candidate access to the media should be enhanced, and the power of money reduced, by ensuring that all carriers and service providers offer full access to political speech at rates offered to the most favored commercial customers and by requiring that broadcasters provide candidates with a minimum amount of free airtime as a condition of receiving their federal licenses.
• Much needs to be done to tighten regulation of lobbying. There should be a ban on registered lobbyists engaging in campaign fundraising—no contributions to campaigns from lobbyists, no lobbyist bundling of multiple contributions, and no other form of lobbyist fundraising for federal candidates. Connecticut enacted such a ban on “pay to play” in 2005. “Strategic consulting” for congressional offices should be classified as lobbying. Congressional staff should be further professionalized, enlarged, and better paid in order to reduce the current dependence on lobbyists’ information and analysis. The offices serving Congress, such as the Congressional Research Service and the Government Accountability Office, should be strengthened for these same reasons. Appropriate restrictions should be placed on the lobbying activities of large government contractors, and stricter revolving door provisions should be adopted. As an extension of federal laws regulating lobbying and requiring disclosure of lobbying expenditures, organizations should be required to disclose expenditures pursuant to major-issue campaigns aimed at affecting federal legislation, just as narrowly defined “lobbying” expenses are now disclosed. Also, all sponsors and direct or indirect funders of public-issue ads should be required to be identified in those ads along with an announcement like those in today’s campaign ads approving and taking responsibility for the contents.