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The Seventeenth Amendment to the Constitution provides for the direct election of US Senators, as opposed to the previous practice of having them named by state legislatures. The new provision expands the election process and the need for political candidates and parties to raise money. [Connecticut Network, 2006 pdf file; The Constitution: Amendments 11-27, 2012] Previously, Senate seats had often stood vacant for long periods of time due to “political disagreements.” [PBS, 12/2006]

Entity Tags: US Senate

Timeline Tags: Civil Liberties

The US Senate votes twice in favor of strict controls over campaign fundraising, but the leadership of both parties does not let either bill come up for a full vote. [Connecticut Network, 2006 pdf file]

Entity Tags: US Senate

Timeline Tags: Civil Liberties

Republicans in the US Senate successfully filibuster efforts to pass legislation that would significantly limit campaign spending by federal candidates. [Connecticut Network, 2006 pdf file]

Entity Tags: US Senate

Timeline Tags: Civil Liberties

Kosovo’s Assembly, in a highly irregular vote on March 23, approves the new Serbian constitution, already approved by the Assembly of the Republic of Serbia on February 3. The Kosovo vote does not meet the three-fourths majority necessary for amendments and is not held with a quorum, people from Belgrade and security personnel vote, and the votes are not actually counted. Assembly members are threatened if they vote no. The vote occurs under “a state of exception,” with disorder in the province and mobilization of the military.
Kosovo's Position under the New Serbian Constitution - Under the new Serbian constitution, the province is again called Kosovo and Metohija, and the autonomous provinces are defined as “a form of territorial autonomy,” regulated by the Serbian constitution. The 1968, 1971, and 1974 constitutional changes opposed by Serbs are nullified and Kosovo is in about the same position as it was under the 1945 and 1963 Yugoslav constitutions. The province loses its Executive Council and Assembly, and autonomy in police, courts, finance, and planning. Kosovo can pass statutes with the approval of Serbia’s Assembly.
Kosovar Demonstrations - Following the vote, hundreds of thousands protest, saying, “Long live the 1974 Constitution!” and “Tito-Party!” resulting in the declaration of martial law. Twenty-four civilians and two police are killed, but Paulin Kola will later put the number at over 100 killed and hundreds injured, while Miranda Vickers will say 28 are killed. Kola will refer to The Times’s March 31 issue, saying 12 police are critically injured and 112 less seriously injured on March 23; Radio Ljubljana says 140 Albanians are killed and 370 wounded through April; Albanian academic Rexhep Qosja will say in 1995 that 37 are killed, hundreds injured, and 245 intellectuals and 13 leaders arrested; The Times of June 2 says 900 are arrested, and on April 22 the Union of Kossovars writes to UN Secretary General Javier Peres de Cuellar, saying over 1,000 were killed and thousands hurt. More than 1,000 are tried in Ferizaj, according to a 1998 book by Noel Malcolm. Kosovo is again placed under a state of emergency. Workers who do not work are fired or arrested.
Slovenian Reaction - About 450,000 Slovenians sign a petition supporting their government’s views and opposing the crackdown in Kosovo.
Serbian Reaction - Hearing of the Slovenian petition, over 100,000 demonstrate the following day around Serbia, Vojvodina, Skopje, and Titograd.
Albania's Reaction - Albania’s relations with Yugoslavia had been deepening in the late 1980s, but Albania reacts more strongly to the March events. Foto Cami condemns Yugoslavia’s “erroneous policies” on the ethnic Albanians and says it will damage regional cooperation. Protests follow throughout Albania. Yugoslavia blames Albania for the violence in Kosovo. Ramiz Alia, now general secretary of the PLA, will say at a Political Bureau session in August 1990 that Western governments told Kosovar Albanians that to solve the problems in Kosovo, Albania had to change its government.
Soviet Reaction - Soviet media support the Serbs and refer to violence by Albanian nationalists, while saying that the majority in Kosovo and Vojvodina support the new Serbian constitution.
Western European Reactions - The UK says nothing. Although Yugoslavia’s Foreign Minister, Budimir Loncar, meets with British Prime Minister Margaret Thatcher in April, the contents of their talks are unknown to the public. Three years in the future a high-ranking official in Germany will regret this inaction.
American Reaction to the Turmoil in Kosovo - On March 9, three US senators proposed Senate Concurrent Resolution 20—Relating to the Conditions of Ethnic Albanians in Yugoslavia, which was passed prior to March 23. US policy supports Kosova’s position under the 1974 Constitution and the resolution asked President George H. W. Bush to reiterate this to the Yugoslav leadership. The Senate Foreign Relations Committee conducted a hearing on March 15. [Vickers, 1998, pp. 234-238; Kola, 2003, pp. 180-184, 190]

Entity Tags: Yugoslavia, United States of America, Union of Soviet Socialist Republics, Foto Cami, Germany, Javier Peres de Cuellar, Budimir Loncar, Josip Broz Tito, Assembly of the Republic of Serbia, Albania, 1945 Yugoslav Constitution, 1963 Yugoslav Constitution, 1974 Yugoslav Constitution, Assembly of the Province of Kosovo, United Kingdom, London Times, Miranda Vickers, Senate Foreign Relations Committee, US Senate, Union of Kossovars, Margaret Thatcher, Rexhep Qosja, Radio Ljubljana, Ramiz Alia, Noel Malcolm, Paulin Kola, Party of Labor of Albania

Timeline Tags: Kosovar Albanian Struggle

Senate majority leader Bob Dole (R-KS) says the Senate should hold hearings on the FBI raid on the Branch Davidian compound outside of Waco, Texas (see April 19, 1993). The hearings, he says, should be “just looking for information, not looking for scapegoats.” [New York Times, 5/1/1995] A House investigation will conclude that the fires that consumed the Davidian compound and killed 78 members were set by the sect members, and not caused by any actions of the FBI (see August 4, 1995).

Entity Tags: US Senate, Branch Davidians, Federal Bureau of Investigation, Robert J. (“Bob”) Dole

Timeline Tags: 1993 Branch Davidian Crisis

Republicans in the US Senate successfully filibuster bipartisan legislation that would have set voluntary campaign spending limits and restrictions on so-called “soft money” donations. Two years ago, Congressional Republicans blocked similar campaign finance reform efforts (see 1994). [Connecticut Network, 2006 pdf file]

Entity Tags: US Senate

Timeline Tags: Civil Liberties

The US Senate votes 98-0 to bar burial and other veterans benefits for anyone found guilty of capital offenses. The measure is directed at former Army Sergeant Timothy McVeigh, recently sentenced to death for killing eight federal employees in the Oklahoma City bombing (see June 11-13, 1997), to prevent him from being buried in a military cemetery after he is executed. [Chicago Sun-Times, 6/19/1997] Six days later, the House of Representatives votes to approve a similar resolution sponsored by Spencer Bachus (R-AL). Bachus says his bill was motivated not only by McVeigh, but by another crime: the 1981 slaying of an African-American teenager by Ku Klux Klan members. One of those convicted in the slaying, Henry Francis Hays, was executed and then buried in a Mobile, Alabama, military ceremony with full honors. Hays served briefly in the US Army in the early 1970s. “In a military ceremony, we said to our children and our grandchildren, ‘We’re overlooking this [crime], this is a good soldier,’” Bachus says. The Hays burial caused people to ask: “Who is entitled to a hero’s funeral? Who are our heroes?” As a decorated veteran of Desert Storm, McVeigh could have asked to be buried in Arlington National Cemetery. [Deseret News, 6/24/1997; Associated Press, 6/24/1997] McVeigh’s lawyer Stephen Jones calls the legislation a non-issue, saying his client has not asked to be buried in a military cemetery or to be buried with honors: “The controversy about Mr. McVeigh’s burial in a national cemetery is a classic straw man argument. Mr. McVeigh has not demonstrated any intent or desire to be buried in a national cemetery. The politicians are simply flogging this issue for votes when they should be concerned with the legitimate problems of the country. Mr. McVeigh hasn’t been formally sentenced to die yet. He has not lost his appeals, and moreover, he has not been executed yet.” [Rocky Mountain News, 6/20/1997]

Entity Tags: US Senate, Spencer Bachus, Henry Francis Hays, Timothy James McVeigh, Stephen Jones, US House of Representatives

Timeline Tags: US Domestic Terrorism

The Senate approves bipartisan legislation, the so-called “Stealth PAC” bill, that requires secretive tax-exempt organizations that raise and spend money on political activities to reveal their donors and expenditures. The so-called “527” organizations have flourished because until now, Section 527 of the Internal Revenue Code has protected both their nonprofit status and their right to keep their donors and funding information secret (see 2000 - 2005). President Clinton will sign the bill into law. It is the first major legislative change in American campaign finance law in two decades (see January 8, 1980). Under the new law, Section 527 organizations raising over $25,000 a year must comply with federal campaign law, file tax returns, disclose the identities of anyone contributing over $200, and report expenditures in excess of $500. That information will be reported to the IRS every three months during an election year, and the information will be posted on the Internet. The bill takes effect as soon as Clinton signs it into law.
Passed Despite Republican Opposition - The House passed the bill on a 385-39 vote; only six Senate Republicans vote against the bill. Senate and House Republican leaders have blocked the bill for months. Clinton says, “Passage of this bill proves that public interest can triumph over special interests,” and urges Congress to pass a more comprehensive overhaul of campaign finance law. Senator Russ Feingold (D-WI) says, “I’m not pretending we don’t have other loopholes to close, but those groups that have found this an easy, painless way to go on the attack are now going to have to scramble to figure out different ways.” Some ways that groups will avoid the requirements of the new law are to reorganize themselves as for-profit organizations—thus losing their tax exemptions—or trying to reorganize as other types of nonprofits. Many expect donors to rush big contributions to these 527 groups before the new law takes effect. Mike Castle (R-DE), a House Republican who supports the bill, says, “I am sure that the phones are ringing over on K Street right now about how to get money into the 527s before they are eliminated.” Senator Mitch McConnell (R-KY), who helped Senate Republicans block the bill and who voted no on its passage, now calls it a “relatively benign bill,” downplaying his stiff opposition to the bill and to campaign finance regulation in general. McConnell advised Republicans up for re-election in November 2000 to vote yes for the bill “to insulate them against absurd charges that they are in favor of secret campaign contributions or Chinese money or Mafia money.” McConnell explains that he voted against the bill because it infringes on freedom of speech (see December 15, 1986). Governor George W. Bush (R-TX), the GOP’s presidential candidate, issues a statement supporting the bill: “As I have previously stated, I believe these third-party groups should have to disclose who is funding their ads. As the only candidate to fully disclose contributors on a daily basis, I have always been a strong believer in sunshine and full disclosure.” Bush defeated Republican challenger John McCain (R-AZ) in part because of the efforts of Republicans for Clean Air, a 527 group headed by Bush financier Sam Wyly and which spent $2.5 million attacking McCain’s environmental record (see March 2000 and After). McCain helped push the current bill through the Senate, and says: “This bill will not solve what is wrong with our campaign finance system. But it will give the public information regarding one especially pernicious weapon used in modern campaigns.”
527s Used by Both Parties - Both Democrats and Republicans have created and used 527 groups, which are free from federal oversight as long as they do not advocate for or against a specific candidate. The organizations use donations for polling, advertising, telephone banks, and direct-mail appeals, but are not subject to federal filing or reporting rules as long as they do not advocate the election or defeat of a specific candidate. Some groups, such as the Republican Majority Issues Committee, a 527 organization aligned with House Majority Leader Tom DeLay (R-TX), intend to continue functioning as usual even after the bill is signed into law, while they examine their legal options. The committee head, Karl Gallant, says his organization will “continue on our core mission to give conservative voters a voice in the upcoming elections.” The Republican Majority Issues Committee is considered DeLay’s personal PAC, or political action committee; it is expected to funnel as much as $25 million into closely contested races between now and Election Day. Gallant says the organization will comply with the new law, but complains, “We are deeply concerned that Congress has placed the regulation of free speech in the hands of the tax collectors.” He then says: “We’re not going anywhere. You will have RMIC to amuse and delight you throughout the election cycle.” The Sierra Club’s own 527 organization, the Environmental Voter Education Campaign, says it will also comply “eagerly” with the new law, and will spend some $8 million supporting candidates who match the Sierra Club’s pro-environmental stance. “We will eagerly comply with the new law as soon as it takes effect,” says the Sierra Club’s Dan Weiss. “But it’s important to note that while we strongly support the passage of this reform, 527 money is just the tip of the soft-money iceberg. Real reform would mean banning all soft-money contributions to political parties.” Another 527 group affected by the new law is Citizens for Better Medicare, which has already spent $30 million supporting Republican candidates who oppose a government-run prescription drug benefit. Spokesman Dan Zielinski says the group may change or abandon its 527 status in light of the new law. “The coalition is not going away,” he says. “We will comply with whatever legal requirements are necessary. We’ll do whatever the lawyers say we have to do.” A much smaller 527, the Peace Voter Fund, a remnant of the peace movement of the 1970s and 80s, says it intends to engage in voter education and issue advocacy in about a dozen Congressional races. Executive director Van Gosse says the group will follow the new law and continue as before: “Disclosure of donors is not a major issue for us. So we’ll just say to donors in the future that they will be subject to federal disclosure requirements. It’s no biggie.” [New York Times, 6/30/2000; OMB Watch, 4/1/2002; Huffington Post, 9/28/2010]

Entity Tags: Karl Gallant, John McCain, Environmental Voter Education Campaign, Dan Zielinski, Dan Weiss, Citizens for Better Medicare, Van Gosse, US Senate, William Jefferson (“Bill”) Clinton, George W. Bush, Republican Majority Issues Committee, Republicans for Clean Air, Peace Voter Fund, Mike Castle, Mitch McConnell, Tom DeLay, Sierra Club, Sam Wyly, Russell D. Feingold

Timeline Tags: Civil Liberties

The US Senate refuses to pass an amendment to the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989) that would restore voting rights to convicted felons who have completed their sentences throughout the nation. The amendment was strongly opposed by senators from former Confederate states, who voted 18-4 against the measure, and the amendment fails on a floor vote, 63-31. [US Senate, 2/14/2002 pdf file; ProCon, 10/19/2010]

Entity Tags: US Senate

Timeline Tags: Civil Liberties

The Justice Department’s Office of Legal Counsel (OLC) delineates a method of replacing a US Attorney for up to 330 days without the designated attorney having to go through Senate confirmation. The memo was requested by the director of the Executive Office of US Attorneys (EOUSA), Guy Lewis. The OLC answers legal questions for the president and his appointees. The memo qualifies the method, saying that the appointee would still have to win Senate confirmation or be approved by a federal court in order to continue serving. The memo is entitled “Temporary Filling of Vacancies in the Office of United States Attorney.” It considers two federal laws governing how to fill vacancies temporarily in positions that ordinarily must be confirmed by the Senate. One law allows the president to designate an “acting” replacement for any such position to serve for 210 days. The other law, which applies to US Attorneys only, allows the attorney general to appoint an “interim” replacement for 120 days. The memo suggests using the two provisions in tandem—appointing a person as an acting US Attorney for 210 days and then reclassifying them as an interim US Attorney for 120 more days. In total, a person could use the two classifications to serve as US Attorney for almost a year without undergoing Senate confirmation. [US Department of Justice, 9/5/2003 pdf file; Boston Globe, 4/28/2007]

Entity Tags: US Department of Justice, Executive Office for US Attorneys (DOJ), Office of Legal Counsel (DOJ), US Senate, Guy Lewis

Timeline Tags: Civil Liberties

The US Senate votes 98-0 to reauthorize the 1965 Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989). Many Republicans in the House have attempted to thwart the law’s renewal, citing their opposition to providing bilingual ballots in some areas, and over continued oversight by the Justice Department in areas with a history of racial disenfranchisement and discrimination at the voting booth (see June 22, 2006). However, that opposition was overcome by a bipartisan effort when the House voted to reauthorize the law (see July 13, 2006). Democrats and Republicans alike acknowledge that racial discrimination and efforts to disenfranchise minority voters still exist: “Despite the progress [some] states have made in upholding the right to vote, it is clear the problems still exist,” says Senator Barack Obama (D-IL). On the same day that the Senate votes to approve the bill, President Bush, on a visit to the annual NAACP convention, promises to sign the bill into law. One senator voicing his objection to the bill is Saxby Chambliss (R-GA), who says: “Other states with much less impressive minority progress and less impressive minority participation are not covered, while Georgia still is. This seems both unfair as well as unwise.” Chambliss is not joined in his opposition by fellow Republican Senator Lindsey Graham (R-SC), whose home state of South Carolina is, like Georgia, subject to Justice Department oversight for any changes to its voting procedures. “South Carolinians, you have come a long way,” he says. But we, just like every other part of this country, still have a long way to go.” [New York Times, 7/21/2006]

Entity Tags: George W. Bush, Barack Obama, Voting Rights Act of 1965, US Senate, Saxby Chambliss, Lindsey Graham

Timeline Tags: Civil Liberties

President Bush signs the Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989) reauthorization into law. The extension, called the “Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act,” makes the VRA the law until 2031. It also overturns the decision rendered in Reno v. Bossier Parish School Board (see May 12, 1997) by outlawing electoral redistricting for discriminatory purposes, and invalidates the decision rendered in Georgia v. Ashcroft by declaring that Section 5 protects the ability of minorities “to elect their preferred candidates of choice.” [MSNBC, 10/4/2005; White House, 6/27/2006; American Civil Liberties Union, 2012] In October 2005, Congressional Republicans declared that they intended to lead the way towards renewing the VRA, particularly Section 5 (see October 4, 2005). But in June 2006, House Republicans balked at renewing Section 5 and another provision mandating bilingual ballots in many areas (see June 22, 2006). The bill survived a number of attempts to derail or weaken it by those House Republicans (see July 13, 2006), and was upheld 98-0 in the Senate (see July 20, 2006).

Entity Tags: Voting Rights Act of 1965, George W. Bush, US House of Representatives, US Senate

Timeline Tags: Civil Liberties

Sonia Sotomayor, left, is sworn in as a Supreme Court Justice by Chief Justice John Roberts, right. Her mother, Celina Sotomayor, and her brother, Juan Luis Sotomayor, look on.Sonia Sotomayor, left, is sworn in as a Supreme Court Justice by Chief Justice John Roberts, right. Her mother, Celina Sotomayor, and her brother, Juan Luis Sotomayor, look on. [Source: New York Times]The US Senate confirms Judge Sonia Sotomayor (see May 26, 2009) as Supreme Court Justice in a 68-31 vote. Nine Republicans and 59 Democrats vote for her confirmation (four of the Republicans who voted to confirm her are retiring from the Senate after the completion of their terms, and will not face questions about their vote during re-election battles). Senator Ted Kennedy (D-MA), who supports Sotomayor, did not vote due to illness. Sotomayor will be sworn in by Chief Justice John Roberts on August 8. President Obama says he is “deeply gratified” by the Senate vote, and adds, “This is a wonderful day for Judge Sotomayor and her family, but I also think it’s a wonderful day for America.” Senator Patrick Leahy closed the final day of debate over Sotomayor’s confirmation by saying: “It is distinctively American to continually refine our union, moving us closer to our ideals. Our union is not yet perfected, but with this confirmation, we will be making progress.… Years from now, we will remember this time, when we crossed paths with the quintessentially American journey of Sonia Sotomayor, and when our nation took another step forward through this historic confirmation process.” At a watch party in the Washington Court Hotel, when the final tally is announced, supporters begin chanting, “Si, se puerde,” the Spanish translation of the 2008 Obama campaign slogan of “Yes, we can.” [CNN, 8/6/2009; New York Times, 8/6/2009]

Entity Tags: Sonia Sotomayor, Barack Obama, Edward M. (“Ted”) Kennedy, US Senate, John G. Roberts, Jr, Patrick J. Leahy

Timeline Tags: Civil Liberties

Senate Democrats are unable to break a filibuster by Senate Republicans that is blocking passage of the DISCLOSE Act.
Act Would Mandate Disclosure of Donors - The DISCLOSE Act—formally the Democracy Is Strengthened by Casting Light On Spending in Elections (DISCLOSE) Act—would overturn many elements of the Supreme Court’s controversial Citizens United decision that allows virtually unlimited and anonymous political spending by corporations and other entities (see January 21, 2010). If passed, it would have created new campaign finance disclosure requirements and made public the names of “super PAC” contributors (see March 26, 2010). Individuals, corporations, labor unions, and tax-exempt charitable organizations would, under the act, report to the Federal Election Commission (FEC) each time they spend $10,000 or more on campaign-related expenditures. Additionally, all outside groups, including “super PACs,” would have to report the names of donors. Moreover, the legislation would provide for so-called “Stand By Your Ad” requirements mandating that super PACs and other outside campaign groups producing political advertisements disclose the top funders in the ad. The CEO or highest-ranking official of an organization would, under the act, have to appear in the ad and officially “approve” the message. [Open Congress, 6/29/2010; OMB Watch, 7/24/2012]
Unbreakable Filibuster - Even public support from President Obama fails to sway enough Republican senators to vote against the filibuster, as did changes made to the bill by sponsor Charles Schumer (D-NY) designed to assuage some of Republicans’ concerns about the bill. The bill has already passed the House, shepherded through under Democratic leadership against Republican opposition. Democrats have a slim majority in the Senate also, but Senate rules allow the minority to mount filibusters that require 60 votes to overcome, and a number of Republicans would need to break from the Republican pack to vote down the filibuster. Additionally, some conservative senators such as Ben Nelson (D-NE) have not publicly stated their support for the bill. One Republican who had previously indicated she might vote for cloture (against the filibuster), Susan Collins (R-ME), dashed Democrats’ final hopes by saying she would not vote for cloture after all. “The bill would provide a clear and unfair advantage to unions while either shutting other organizations out of the election process or subjecting them to onerous reporting requirements that would not apply to unions,” says Collins spokesman Kevin Kelley. “Senator Collins believes that it is ironic that a bill aimed at curtailing special interests in the election process provides so many carve-outs and exemptions that favor some grass-roots organizations over others. This, too, is simply unfair.” Other so-called Republican moderates such as Olympia Snowe (R-ME) and Scott Brown (R-MA) have previously indicated they would not vote for cloture. Ironically, one of the “carve-outs” in the bill Schumer added was on behalf of the far-right National Rifle Association (NRA), an addition that Schumer says was made to placate Republicans. Schumer says that even if the bill does not pass now, attempts to reintroduce it will be made. The DISCLOSE Act “is one of the most important for the future of our democracy, not just for the next six months but for the next six decades,” he says. White House press secretary Robert Gibbs says: “I don’t know what the final vote will be tomorrow, but I know that you—if you had a sliver of Republicans that thought special-interest giving and corporate influence in elections was… part of the problem, then this bill would pass. Now we get to see who in the Senate thinks there’s too much corporate influence and too much special-interest money that dominate our elections and who doesn’t. I don’t know how it could be any clearer than that.” Senate Minority Leader Mitch McConnell (R-KY) retorts: “The DISCLOSE Act seeks to protect unpopular Democrat politicians by silencing their critics and exempting their campaign supporters from an all-out attack on the First Amendment (see January 21, 2010). In the process, the authors of the bill have decided to trade our constitutional rights away in a backroom deal that makes the Cornhusker Kickback look like a model of legislative transparency.” [Politico, 7/26/2010] The “Cornhusker Kickback” McConnell is referencing is a deal struck in late 2009 by Senate Majority Leader Harry Reid (D-NV) to win Nelson’s support for the Democrats’ health care reform package, in which Nebraska, Nelson’s state, would receive 100 percent government financing for an expansion of Medicare. [Las Vegas Sun, 12/20/2009]

Entity Tags: Harry Reid, Federal Election Commission, Charles Schumer, Ben Nelson, Barack Obama, US Supreme Court, US Senate, Susan Collins, Scott Brown, DISCLOSE Act of 2010, Olympia Snowe, Mitch McConnell, National Rifle Association, Robert Gibbs, Kevin Kelley

Timeline Tags: Civil Liberties

House Republicans rush a bill to the floor for a vote to eliminate all public funding of the presidential election. The bill, if passed by the Senate and signed into law by President Obama, would eliminate one of the few remaining public funding methodologies for federal elections, and, critics say, give wealthy corporate and individual donors even more influence over elections. Public financing of presidential elections was made law by the 1971 Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) and upheld by the Supreme Court (see January 30, 1976). The bill comes to a vote almost exactly a year after the Supreme Court allowed corporations and labor unions to make unlimited donations to political organizations (see January 21, 2010). The bill, HR 359, was sponsored by Representative Tom Cole (R-OK) in June 2009 and cosponsored by 17 other House members, all Republicans. It would eliminate the Presidential Election Campaign Fund and the Presidential Primary Matching Payment Account. The Republican House leadership did not hold hearings on the bill, nor allow it to be debated in committee. Representative Chris Van Hollen (D-MD) calls the bill “a sneak attack on the system,” and notes that the Republicans had pledged to observe “transparency and openness,” but instead are pushing through such a transformative bill without allowing debate. The bill passes the House on a 239-160 vote, with the Republican majority overriding the Democratic minority. Ten Democrats vote for the bill and one Republican votes against it. Senate Minority Leader Mitch McConnell (R-KY) has already introduced his version of the bill in the Senate, though Senate Democrats say the bill has no chance of passing; Senate Majority Leader Harry Reid says through a spokesperson that the bill will never be brought up for a vote. [Mother Jones, 1/24/2011; Raw Story, 1/25/2011; CNN, 1/26/2011; National Public Radio, 1/27/2011; Bloomberg, 1/27/2011]
Repair or Eliminate? - Presidential candidates who accept public funding must agree not to accept private donations in the fall campaign. Every presidential candidate from 1976 to 2008 has accepted public funding. In 2000, George W. Bush (R-TX) did not take public financing for his primary campaign, and in subsequent years no presidential nominee has taken such funding. In 2008, Barack Obama (D-IL) declined to take public financing for his general election, the first presidential nominee to do so. Republicans claim the elimination of the public funding program would save the government between $520 and $617 million over the next 10 years. Meredith McGehee, policy director at the Campaign Legal Center, says the public financing system needs to be updated. It was created in 1976, she notes, and does not reflect the needs of 21st-century candidates. Lawmakers from both parties have attempted, without success to introduce legislation to update the system. McConnell says that Americans do not believe in the PECF, citing declining public participation. The program is funded by a $3 check-off on individual tax returns; in 1980, almost 29 percent of tax returns carried the check-off, while in 2007 only 8.3 percent of tax returns checked off the donation. “In a time of exploding deficits and record debt, the last thing the American people want right now is to provide what amounts to welfare for politicians,” McConnell says. House Democrats have introduced legislation that would modify and update the PECF instead of end it. One of that legislation’s sponsors, David Price (D-NC), says, “Dare we forget what Watergate was all about?” (Price is referring to the post-Watergate origins of the PECF.) “President Nixon’s Committee to Re-Elect the President, fueled by huge quantities of corporate cash, paid for criminal acts and otherwise subverted the American electoral system. Let’s not return to the darkest days of our democracy.” [Mother Jones, 1/24/2011; CNN, 1/26/2011; National Public Radio, 1/27/2011; Bloomberg, 1/27/2011]
Obama Administration Opposes Bill - The Obama administration strongly opposes the bill, saying that the public financing system should be improved rather than eliminated. In a statement, the White House says: “The presidential election public financing system was enacted in the aftermath of the Watergate scandal to free the nation’s elections from the influence of corporations and other wealthy special interests. Rather than candidates having to rely on raising large sums of private money in order to run, the system provides qualifying presidential candidates with the option of accepting matching funds in the primary and a public grant in the general election.… H.R. 359 would kill the system, not strengthen it. Its effect would be to expand the power of corporations and special interests in the nation’s elections; to force many candidates into an endless cycle of fundraising at the expense of engagement with voters on the issues; and to place a premium on access to large donor or special interest support, narrowing the field of otherwise worthy candidates.” [Raw Story, 1/25/2011]
Divided Response from Lawmakers - Representative Eric Cantor (R-VA) says after the bill passes that voting it into effect “should be a no-brainer.” House Minority Leader Nancy Pelosi (D-CA) says that Congress “should come together to ensure that the American people are heard, that they are heard and that they are not drowned out by special interest dollars.” Republicans such as Aaron Schock (R-IL) call Democrats and the Obama administration “hypocrites” because in 2008, Obama turned down public financing. Schock says, “It was President Obama who killed it and made a mockery of public financing of president campaigns with his arrogant pressing of self advantage.” David Price (D-NC) makes an angry rejoinder, saying: “Talk about having it both ways. [Schock] comes onto this floor to condemn President Obama for opting out of the system, and then he proposes to abolish the system so that everybody has to opt out.” Cole also condemns Obama for not taking public financing in 2008, and says he believes public financing of elections should be illegal, but goes on to say that he supports Republicans who take public financing because it is a legal option. Lynn Woolsey (D-CA) says: “Special interest money is having a corrosive effect on our democracy, eating away at the people’s confidence in their government and their elected representatives. The one beacon of light in this system is the public financing of presidential campaigns. It is, I would remind everyone, a voluntary system.” “This is an attempt to finish the job that the Supreme Court started with the Citizens United decision,” says Senator Charles Schumer (D-NY). Schumer chairs the Senate Rules Committee, which has jurisdiction over campaign finance legislation. “It would bust one of the last dams protecting our election system from an uncontrolled flood of special-interest money.” [CNN, 1/26/2011; National Public Radio, 1/27/2011; Bloomberg, 1/27/2011]
Campaign Finance Reform Advocates Critical of Bill - David Arkush of the citizens advocacy group Public Citizen says in a statement, “A vote for HR 359 is a great way to tell the American people that you want to give corporations more power over our government rather than make democracy work for ordinary Americans.” Craig Holman of Public Citizen says of the bill: “Make no mistake about it: The Republican leadership’s legislation to eliminate public financing is an attack not just on the presidential public financing system, but also an attack on congressional public financing proposals. To ensure that the public’s voice can be heard against the corporate onslaught, we need to expand public financing of elections, not kill it.” Campaign finance reform advocate Fred Wertheimer of Democracy 21 calls the bill “a gross abuse of the legislative process.” [Mother Jones, 1/24/2011; Raw Story, 1/25/2011] The nonpartisan Public Finance Action Fund, which advocates for public financing of state and federal elections, says in a statement: “These efforts are not about saving taxpayer money, they are about giving corporate donors even more access than they enjoy today. We hope these measures don’t advance any further.” [CNN, 1/26/2011]
Bill Dies in Senate - The bill will, as expected, not pass the Senate, which is under Democratic control. A similar bill will be introduced in December 2011 (see December 1, 2011), again pass the House, and die in the Senate. [Real Clear Politics, 12/1/2011]

Entity Tags: David E. Price, US Senate, US House of Representatives, Craig Holman, Aaron Schock, Barack Obama, Chris Van Hollen, David Arkush, Charles Schumer, Thomas Jeffery Cole, Public Finance Action Fund, US Supreme Court, Presidential Election Campaign Fund, Presidential Primary Matching Payment Account, Federal Election Campaign Act of 1972, Eric Cantor, Fred Wertheimer, George W. Bush, Harry Reid, Mitch McConnell, Lynn Woolsey, Obama administration, Meredith McGehee, Nancy Pelosi

Timeline Tags: Civil Liberties

In response to reported discussions by the Obama administration on the possible issuance of an executive order forcing government contractors to disclose their political contributions (see April 20, 2011), Republicans in the House and Senate introduce legislation that would block such an order. Representative Tom Cole (R-OK) already successfully added a rider to a defense authorization bill that would block the order. Cole says he hopes that the White House will rethink the proposed executive order in light of the opposition from Congressional Republicans. “I am hoping they’re having second thoughts,” he tells a reporter. “This is the executive branch trying to legislate and use a very powerful weapon to do it. And not just legislate, but it is the executive branch trying to intimidate, in my opinion.” In the House, Representatives Cole, Darrell Issa (R-CA), and Sam Graves (R-MO) are sponsoring legislation against the order, while in the Senate, Senators Susan Collins (R-ME), Lamar Alexander (R-TN), Rob Portman (R-OH), and Minority Leader Mitch McConnell (R-KY) are introducing similar legislation. The bills prohibit federal agencies from collecting political information from government contractors as a condition for receiving a government contract. Cole says though his amendment is in the defense bill, he wants to ensure that government contractors are able to keep their political expenditures out of the public eye. “This is one of those things you attack from as many angles and avenues as you possibly can, because it is so important,” he says. “This will get less scrutiny in that process, and it’s a lot easier for Democrats in the Senate to avoid or to kill. A bill is a big statement.” Senate Democrats are likely to vote down the bills. Fred Wertheimer of Democracy 21, an advocacy group that stands for stricter campaign finance laws, says the Republican bills are “continuation[s] of abandonment of campaign finance disclosure by House Republicans, which began last year.” Wertheimer is referring to the DISCLOSE Act, legislation that would have forced outside political groups to disclose their donors, but was blocked by Republicans from coming to a vote (see July 26-27, 2010). Conservative donor organizations such as the US Chamber of Commerce (see January 21-22, 2010, July 26, 2010, August 2, 2010, October 2010, November 1, 2010, and February 10, 2011) support the Republican legislation. The Republican-led House Administration Committee has scheduled a hearing on the draft order. [The Hill, 5/26/2011]

Entity Tags: Obama administration, Darrell E. Issa, DISCLOSE Act of 2010, Fred Wertheimer, Mitch McConnell, US Senate, US Chamber of Commerce, Robert Jones (“Rob”) Portman, Sam Graves, US House of Representatives, Lamar Alexander, Susan Collins, Thomas Jeffery Cole

Timeline Tags: Civil Liberties

Mitch McConnell.Mitch McConnell. [Source: Daily Political (.com)]Senate Minority Leader Mitch McConnell (R-KY) proposes an alternative to the Obama administration’s economic proposal to raise the nation’s debt ceiling and avoid the US defaulting on its debt. Republicans in the House and Senate have repeatedly refused to consider raising the debt ceiling (see April 30, 2011, June 26, 2011 and July 13, 2011); some have welcomed the possibility of a default, simultaneously saying that the nation will suffer little real economic damage by defaulting on its debt and blaming the Obama administration for any such damage. Obama officials and an array of economists and financial leaders have warned that if the US defaults on its debt, such a default could trigger a national economic collapse and send the world’s economies into a downward spiral (see May 20, 2011). McConnell’s alternative would raise the debt ceiling in three short-term increments of up to $2.5 trillion in total over the next year, as long as President Obama matched the raises with equivalent spending cuts; House Republicans could vote for non-binding resolutions of disapproval. The London Daily Mail notes that McConnell’s proposal would put the onus of raising the debt ceiling, and the negative impact of draconian spending cuts, directly on Obama and the Democrats, absolving the Republicans of blame and giving Republican presidential candidates the opportunity to slam Obama’s economic policies during the height of the 2012 presidential campaign. McConnell has blamed what he calls the intransigence of the Obama administration for the nation’s deficit, which was largely inherited from the Bush administration, and has told the Senate, “After years of discussions and months of negotiations, I have little question that as long as this president is in the Oval Office, a real solution is probably unattainable.” Obama has said that if Congress does not raise the debt ceiling by August 2, Social Security recipients and veterans may not get the checks they are due to receive on August 3. Few Obama officials or Congressional Democrats have any positive remarks about McConnell’s plan, and House Speaker John Boehner (R-OH) refuses to endorse it. [Daily Mail, 7/13/2011]

Entity Tags: London Daily Mail, Bush administration (43), Mitch McConnell, John Boehner, US Senate, Obama administration

Timeline Tags: Global Economic Crises

In an interview with CBS News’s Scott Pelley, House Speaker John Boehner (R-OH) says that he got “98 percent” of what he wanted in a deal with Senate Democrats and the White House in the just-concluded debt ceiling extension legislation. Boehner says he and his House Republicans successfully blocked a comprehensive “grand bargain” with the Obama administration because, as he says, the “president was insisting on more taxes [and] never got serious about the kind of spending cuts that were necessary in order to get America back on a sound fiscal footing.” He tells Pelley that he “walked away” from Obama’s final proposal. “We had a lot of productive conversations, a lot of tense conversations,” Boehner says. “But it became pretty clear to me that I wasn’t going to be for higher taxes, and the president wasn’t going to cut spending as he should.… I told the president: ‘I’m not going there. I can’t do that.’” Boehner says that he has no intention at this time of ever supporting revenue increases of any sort, whether it be tax increases, closing of corporate tax loopholes, or other ways to bring more revenue into federal government; instead, he hopes that the future focus of Congressional debate “will be on reducing expenditures coming out of Washington.” Asked if Republicans would ever support tax increases, Boehner says: “I think that would be a stretch. It doesn’t seem likely to me that that would be recommended, much less supported, but I’ve been surprised before.” He concludes: “When you look at this final agreement that we came to with the White House, I got 98 percent of what I wanted. I’m pretty happy.” Sixty-six House Republicans voted against Boehner’s final plan, though it passed both chambers and was signed into law by Obama hours before the US would have defaulted on its debt. According to the Congressional Budget Office, the deal cuts federal deficits by $2.1 trillion over 10 years while also raising the debt limit by an equal amount. The deal also creates a joint, bicameral committee of legislators charged with finding additional cuts. [CBS News, 8/1/2011; The Hill, 8/1/2011] Days later, Standard & Poor’s cuts the US credit rating (see August 5, 2011). Republicans, including Boehner, will blame Obama for the legislation and the resulting credit reduction (see August 6-9, 2011).

Entity Tags: Standard & Poor’s, Congressional Budget Office, CBS News, John Boehner, Scott Pelley, US House of Representatives, US Senate, Obama administration

Timeline Tags: Global Economic Crises

The online news site Daily Beast writes that the tea party movement that once swept American politics seems to be “losing… steam.” Reporter Patty Murphy writes: “Gone is the white-hot rage that famously defined the town hall meetings of August 2009 and sent incumbents from both parties packing a year later. In its place is… lingering frustration and continued anger with Washington, but a growing realization within the upstart movement that sustaining a revolution is harder than starting it—and that merely electing conservatives doesn’t guarantee they’ll buck the system they promised to overthrow.” Utah tea party member Jerry Stotler blames the lawmakers elected as a result of tea party activism. Speaking of a recent budget compromise between Congressional Republicans and Democrats, he says: “One of the most powerful words in the English language is ‘no.’ The tea party has failed to use their power of ‘no.’ If they would’ve just stood strong on their principles, this [compromise] wouldn’t have happened.” Murray notes that many of the tea party’s favorite lawmakers, such as Representative Jason Chaffetz (R-UT), organization leader and 2012 House candidate Jamie Radtke (R-VA), and Governor Paul LePage (R-ME), are disappointing followers. Chaffetz has chosen not to run against Senator Orrin Hatch (R-UT), Radtke is struggling for momentum against George Allen (R-VA) in the 2012 Senate race, and LePage has endorsed moderate Senator Olympia Snowe (R-ME) instead of Snowe’s more conservative challengers. One Republican aide says incumbents like Hatch, Snowe, and Senator Lindsey Graham (R-SC) are working harder to curry favor among tea party activists. Graham tells Murray: “The tea party has added an energy on the big issues we haven’t had before. These people are fearless.… [T]hey’re doing the nation a great service.” But Graham, like some other Republicans, is showing a willingness to buck tea party ideology at times; for example, he insists that he is “for clean air and clean water,” a direct rebuke to the tea party’s stated desire to abolish the Environmental Protection Agency and its opposition to any dealings with “climate change” science. Graham tells Murray that the tea party has to do more than merely oppose ideas if they want their movement to last. “The question for the tea party is, what is your vision?” he says. “I buy into their vision of limiting the size and scope of government. I’ve been doing that for years. The problem that parties have, tea party, Republican Party, Democratic Party, is you can disconnect yourself from the people. The tea party has got to convince people that you can find common ground.” Polls show that the tea party’s popularity among registered voters has dwindled dramatically since 2009; Graham, for one, is not worried about a tea party challenger when he runs for re-election in 2014. [Daily Beast, 8/25/2011]

Entity Tags: Lindsey Graham, George F. Allen, Daily Beast (.com), Jamie Radtke, Jerry Stotler, Olympia Snowe, Patty Murphy, US Senate, Paul LePage, US House of Representatives, Jason Chaffetz

Timeline Tags: Domestic Propaganda

Grover Norquist, a highly influential conservative lobbyist and activist, says that if President Obama wins re-election in 2012, Congressional Republicans will impeach him to regain control of the nation’s governance. Norquist, the president of Americans for Tax Reform and a hardline opponent of government taxation, tells the National Journal that he expects Obama to raise taxes on the wealthy in 2013. He is best known for his anti-tax pledge, which almost all Congressional Republicans and a few Democrats have signed, and which states their absolute opposition to any tax hikes of any kind. The online news site National Confidential says that signers who break that pledge will likely “face a primary opponent funded by Norquist and his shadowy multi-millionaire donors.” Norquist says of Obama’s record of cutting taxes on middle- and lower-class taxpayers: “He came up with this idea for the one-year tax holiday so he could claim that he’s for a tax cut. Mind you, it’s a temporary tax cut, but he does not want to run as a tax increaser. I think [Republicans are] in reasonably good shape. Between now and November, I believe we will see a one-year extension of the FICA tax [cut]. I believe we will see the extension of [the break on] depreciation spending. And then the third one that you could have is repatriation. If I was Obama’s political consultant, I’d have put repatriation on the table when he extended the Bush-era tax cuts by two years [in 2010]. The estimates are that it would bring $6 [billion] to $800 billion back. If I were president, I would love to have that money flow back into the real economy, not the Solyndra economy, the year before I’m running for office.” [National Journal, 1/28/2012; National Confidential, 1/28/2012] “Repatriation” is the idea that American corporations can receive one-time tax breaks by putting their foreign earnings into the American economy. Norquist’s reference to “the Solyndra economy” refers to the controversy surrounding the recently bankrupted Solyndra Corporation, which received $528 million in federal loan guarantees and which some conservatives, including Norquist, have attempted to tie to the Obama administration. [Investopedia, 2012; New York Times, 2012] Norquist predicts that if re-elected, Obama will allow a number of tax cuts on large corporations and the wealthy to expire at the end of 2012, and this, he says, will allow Congressional Republicans to begin impeachment proceedings. “We’re focused on the fact that there is this Damocles sword hanging over people’s head,” he says. “What you don’t know is who will be in charge when all of this will happen. I think when we get through this election cycle, we’ll have a Republican majority, [though] not necessarily a strong majority in the Senate, and a majority in the House. The majority in the House will continue to be a Reagan majority, a conservative majority. [House Speaker John] Boehner never has to talk his delegation going further to the right. If the Republicans have the House, Senate, and the presidency, I’m told that they could do an early budget vote—a reconciliation vote where you extend the Bush tax cuts out for a decade or five years. You take all of those issues off the table and then say, ‘What do you want to do for tax reform?’ Then, the question is, ‘OK, what do we do about repatriation and all of the interesting stuff?’ And, if you have a Republican president to go with a Republican House and Senate, then they pass the [Paul] Ryan plan [on Medicare],” referring to House Representative Paul Ryan’s plan to virtually end Medicare and replace it with a privatized voucher system. If the Democrats retain control of Congress and the White House, Norquist says: “Obama can sit there and let all the tax [cuts] lapse, and then the Republicans will have enough votes in the Senate in 2014 to impeach. The last year, he’s gone into this huddle where he does everything by executive order. He’s made no effort to work with Congress.” [National Journal, 1/28/2012] According to the US Constitution, “The President, Vice President, and all Civil Officers of the United States, shall be removed from Office on Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” [Constitution of the United States, 6/21/1788] It is unclear how Norquist frames his prediction of Obama’s allowing tax cut legislation to lapse as constituting “Treason, Bribery, or other high Crimes [or] Misdemeanors.”

Entity Tags: Solyndra Corporation, John Boehner, Obama administration, Paul Ryan, Grover Norquist, Barack Obama, Republican Party, US House of Representatives, US Senate

Timeline Tags: 2012 Elections

Five men, including several conservative religious leaders, testified before a House committee on female contraception issues. No women were allowed to testify. The Senate later blocks a bill restricting contraception from passing.Five men, including several conservative religious leaders, testified before a House committee on female contraception issues. No women were allowed to testify. The Senate later blocks a bill restricting contraception from passing. [Source: Twitter / London Daily Mail]The Senate votes down the controversial “Blunt amendment” 51-48, on a nearly party-line vote. The amendment, offered by Senator Roy Blunt (R-MO) as a rider to a routine highway bill and co-sponsored by Senate Minority Leader Mitch McConnell (R-KY) and 22 other senators, would have allowed health care providers to refuse to pay for contraception and other health care procedures on religious or moral grounds. If the amendment had passed, health insurance plans and employers could refuse to provide or pay for coverage of “specific items or services” if the coverage would be “contrary to the religious beliefs or moral convictions of the sponsor, issuer, or other entity offering the plan.” Blunt and the bill’s supporters characterize the legislation as an attempt to restore religious freedoms taken away by the Obama administration’s “government health care takeover,” in Blunt’s words; opponents say the bill is an attack on women’s rights and an effort to ban contraception. Blunt said during the debate of the bill: “This amendment does not mention any procedure of any kind. The word ‘contraception’ is not in there because it’s not about a specific procedure. It’s about a faith principle that the First Amendment guarantees.” McConnell says the bill is an attempt to fight for “religious liberty,” which he and others say is under attack by the White House and Congressional Democrats. The Obama administration’s health care policy requires organizations to cover the cost of contraception, but does not require religious establishments to cover the cost. Employees of religious establishments can still obtain contraception from the health care insurance company. Mitt Romney (R-MA), a Republican presidential candidate, first stated his opposition to the bill, then quickly reversed course and said he was for it. The only Senate Republican to vote against the bill is Olympia Snowe (R-ME), widely considered a moderate Republican; three conservative Democrats vote for the bill. Senator Marco Rubio (R-FL), considered a strong candidate to run as the Republican vice-presidential nominee in the 2012 elections, says the Senate’s refusal to pass the bill is “a setback for religious freedoms in America.” Senator Charles Schumer (D-NY) calls the bill a straightforward effort to ban contraception. Senator Kirsten Gillibrand (D-NY) wrote in a recent op-ed, “Instead of coming together to fix our economy and strengthen the middle class, the Senate is considering a measure so extreme that it would allow any employer—religious or secular—to deny their employees coverage of any preventive service, including contraception, mammograms—anything the employer deems unfit to be covered.” Senator Patty Murray (D-MA) says, “The Senate will not allow women’s health care choices to be taken away from them.” Senator Barbara Mikulski (D-MD) says Republicans are attacking women’s health care as part of “a systematic war against women.” Secretary of Health and Human Services Kathleen Sebelius had asked the Senate to reject the proposal, saying, “The Obama administration believes that decisions about medical care should be made by a woman and her doctor, not a woman and her boss.” Dr. Hal C. Lawrence of the American Congress of Obstetricians and Gynecologists came out against the amendment, saying contraception “improves and saves babies’ lives, improves maternal health, and can be life-saving for women with serious medical problems.” The American Cancer Society released a statement opposing the amendment, saying it would allow employers to deny coverage of life-saving preventive services like mammograms and smoking cessation programs based on “undefined religious beliefs or moral convictions.” [New York Times, 3/1/2012; The State, 3/1/2012; The Week, 3/2/2012] After the bill is voted down, conservative talk show host Rush Limbaugh vilifies Georgetown University law student Sandra Fluke, who was not allowed to testify before a House committee meeting debating the bill [Think Progress, 2/16/2012] , calling her a “slut” and a “prostitute” for advocating the free availability of contraception (see February 29, 2012). Fluke gave her testimony before a panel of House Democrats and posted it on YouTube, where she discussed the needs of young women who use birth control and other contraceptives for medical needs such as cancer prevention. Specifically, she cites the example of a friend who needed, and was unable to obtain, birth control pills to manage polycystic ovarian syndrome. [Think Progress, 2/16/2012] Democrats and others criticized committee chairman Darrell Issa (R-CA) for only allowing men to testify before the House Oversight Committee on the topic of female contraception. It was Issa’s decision to bar Fluke from testifying before the committee. House Minority Leader Nancy Pelosi (D-CA) said at the time: “The Republican leadership of this Congress thinks it’s appropriate to have a hearing on women’s health and purposely exclude women from the panel. I may at some point be moved to explain biology to my colleagues.” Issa only allowed committee Democrats to name one witness; they named Fluke, whom Issa barred from testifying as she was “unqualified” to speak. [Daily Mail, 2/17/2012]

Entity Tags: Kirsten Gillibrand, Kathleen Sebelius, Darrell E. Issa, Charles Schumer, Barbara Mikulski, American Cancer Society, Willard Mitt Romney, US Senate, Rush Limbaugh, Hal C. Lawrence, Olympia Snowe, Obama administration, Nancy Pelosi, Patty Murray, Mitch McConnell, Roy Blunt, Marco Rubio, Sandra Fluke

Timeline Tags: US Health Care, Domestic Propaganda, 2012 Elections

Senate Democrats try twice within a two-day period to bring the DISCLOSE Act, a campaign finance bill that would require the disclosure of the identities of political donors (see July 26-27, 2010), to the floor for a vote. If enacted, the Democracy Is Strengthened by Casting Light On Spending in Elections (DISCLOSE) Act would overturn many elements of the Supreme Court’s controversial Citizens United decision that allows virtually unlimited and anonymous political spending by corporations and other entities (see January 21, 2010). If passed, it would create new campaign finance disclosure requirements and make public the names of “super PAC” contributors (see March 26, 2010). Individuals, corporations, labor unions, and tax-exempt charitable organizations would, under the act, report to the Federal Election Commission (FEC) each time they spend $10,000 or more on campaign-related expenditures. The bill would also “prohibit foreign influence in federal elections [and] prohibit government contractors from making expenditures with respect to such elections.” Both Senate Democratic efforts are thwarted by a Republican filibuster. Democrats are unable to muster the 60 votes needed to grant “cloture,” which would break the filibuster and bring the bill to the floor to be voted up or down. The last vote supports cloture 53-45, not enough to invoke cloture; the first vote was 51-44 in favor. Senators Mark Kirk (R-IL), who is recovering from a seizure, and Richard Shelby (R-AL) do not vote. Democrats force an official recording of each senator’s vote, placing the names of senators voting for and against the bill in the public record. Democrats have tried since 2010 to pass the bill (see July 26-27, 2010). The bill, sponsored in its latest iteration by Sheldon Whitehouse (D-RI), would force unions, nonprofits, and corporate interest groups that spend $10,000 or more during an election cycle to disclose donors who give $10,000 or more. Whitehouse modified the original version of the bill to no longer require sponsors of “electioneering” ads to put a disclaimer at the end, and pushed the effective date of the bill to 2013, meaning it would not impact the 2012 presidential campaign. Whitehouse and 15 other senators take to the floor to press for its passage. “When somebody is spending the kind of money that is being spent, a single donor making, for instance, a $4 million anonymous contribution, they’re not doing that out of the goodness of their heart,” he tells the Senate. Democrats urge Republicans who have previously spoken out in favor of transparency and campaign finance reform to vote for the bill, targeting Senators Lamar Alexander (R-TN), Scott Brown (R-MA), John McCain (R-AZ), and Susan Collins (R-ME). However, none of them break ranks with their fellow Republicans. McCain, who co-authored the McCain-Feingold campaign finance bill of 2002 (see March 27, 2002) and has spoken out against the Citizens United Supreme Court decision that allows corporations and unions to anonymously spend unlimited amounts on “electioneering” activities (see January 21, 2010), refuses to join Democrats in supporting the bill. He tells the Senate before the final vote, “The American people will see it for what it is—political opportunism at its best, political demagoguery at its worst.” McCain asks Senate Democrats “to go back to the drawing board and bring back a bill that is truly fair, truly bipartisan, and requires true full disclosure for everyone.” Senate Minority Leader Mitch McConnell says the bill would “send a signal to unions that Democrats are just as eager to do their legislative bidding as ever,” and that it “amounts to nothing more than member and donor harassment and intimidation.” In his weekly press conference shortly before the floor votes, McConnell says of the bill: “This could best be described as a selective disclosure act. It has managed to generate opposition from everybody from the ACLU to [the] NRA. That’s quite an accomplishment.” Senate Majority Leader Harry Reid (D-NV) says of the bill: “[I]n a post-Citizens United world, the least we should do is require groups spending millions on political attack ads to disclose their largest donors. We owe it to voters to let them judge for themselves the attacks—and the motivations behind them.” And Ellen Miller of the Sunlight Foundation says that the Senate is “thumbing their noses at the very notion of democratic elections.” [Politico, 7/14/2012; OMB Watch, 7/24/2012] After the bill fails to pass, Reid says, “It is obvious Republicans’ priority is to protect a handful of anonymous billionaires—billionaires willing to contribute hundreds of millions of dollars to change the outcome of a close presidential contest.” [The Hill, 7/24/2012]

Entity Tags: Mitch McConnell, Harry Reid, Ellen Miller, DISCLOSE Act of 2010, John McCain, Mark Steven Kirk, Susan Collins, Lamar Alexander, US Senate, Scott Brown, Richard Shelby, Sheldon Whitehouse

Timeline Tags: Civil Liberties

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