July 18 2016
This weekend, Hillary Clinton released a video in
which she made specific commitments to reform the U.S. campaign finance system.
Unfortunately, she put the least important parts first and the most important
part last:
Today I’m announcing that in
my first 30 days as president, I will propose a constitutional amendment to
overturn Citizens United and give the American people, all of us, the chance to
reclaim our democracy. I will also appoint Supreme Court justices who
understand that this decision was a disaster for our democracy. And I will
fight for other progressive reforms including small dollar matching and
disclosure requirements.
Presidents play essentially no
role in amending
the Constitution. Any amendment Clinton proposed would have to be passed by
a two-thirds majority in both the House and Senate, and then would have to
be ratified by the legislatures of three-fourths of the states.
That’s never going to happen.
The U.S. has amended the Constitution just once in the past 45 years,
with the non-earthshaking 27th Amendment prohibiting Congress from voting
itself a pay raise that takes effect before the next election. (Moreover, the
27th Amendment was submitted to the states in 1789; it then took 203 years
for three-fourths of the states to ratify it in 1992.)
So Clinton’s constitutional
amendment pledge is empty grandstanding. Citizens United will either
be overturned by the Supreme Court, or it will remain law.
On the other hand, Clinton’s
pledge to “fight” for small-donor matching funds is genuinely important.
Over the past several years, almost all Democrats in the House and many in
the Senate have signed on in support of the idea, and it would change the
dynamics of money in politics in a way that even overturning Citizens United
would not.
The concept is
straightforward: Small donations to candidates for Congress or president
would be matched by public funds at some high ratio.
A bill introduced
by Rep. John Sarbanes, D-Md., would match donations up to $150 at a ratio
of 6-to-1. So if your neighbor were running for Congress and you donated $50 to
her campaign, she would receive an additional $300, for a total of $350.
Even better, if
candidates completely renounce taking any donation over $150,
Sarbanes’s law would increase the matching ratio to 9-to-1. So if your neighbor
were running a campaign fueled purely by small donors, and you gave $50, she’d
receive an additional $450, for a total of $500.
As Sarbanes explained in an
interview last year, this would make it more valuable for a
representative to attend a house party in his or her district with 30
small-donor constituents than to attend a K Street fundraiser.
Small-donor matching funds
would also make a huge difference in presidential politics. Bernie Sanders
would have out-raised Clinton almost
2-to-1 in the 2016 Democratic primary with such a system.
Moreover, the extra money from small-donor matching would have swamped
the money available from Super PACs for both Democrats and
Republicans.
So if Clinton is elected next
year, don’t judge her commitment to changing big money politics by her pledge
on Citizens United. Look at whether she puts real political capital behind
making small-donor matching funds a reality
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