[Congressional Record Volume 146, Number 1 (Monday, January 24, 2000)]
[Senate]
[Pages S6-S7]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE NIXON V. SHRINK MISSOURI GOVERNMENT PAC DECISION
Mr. REED. Mr. President, I want to take a moment to inform the Senate
that today the U.S. Supreme Court, in
[[Page S7]]
the case of Nixon v. Shrink Missouri Government PAC, upheld
contribution limits in the campaign finance system of the United
States.
This was a victory for our democracy. It was a victory for the voters
because, essentially, what the Court said is that elections in the
United States are about votes, not about money. They affirmed the core
holding of Buckley v. Valeo that reasonable contribution limits in
Federal campaigns--and today, by extension, in State elections--are
constitutionally permissible. I was very pleased with this decision.
Several months ago, I organized an amicus curiae brief, which was
submitted to the Supreme Court in this case, and advocated the position
the Court adopted today--that contribution limits are, in fact,
permissible under the Constitution of the United States.
Again, this is a victory for those who would like to see elections be
contests of ideas rather than clashes of special interests, amplified
by huge amounts of money. Today is a victory for voters who, by their
decreasing numbers, show their disenchantment with the political
system. They feel the system is not about ideas or candidates'
positions, but really about the candidates' treasure chests. This
feeling is a corrosive force that undermines democracy in this country.
Well, today, the Supreme Court held the line and declared that we can
impose reasonable limits on campaign contributions.
As Justice Souter said in his opinion, this is a situation in which
the perception of corruption is as powerful as the reality of
corruption. If voters perceive that the system is not benefiting them,
but benefitting a special few who contribute, they will lose faith in
the system. That loss of faith will ultimately disrupt our ability to
conduct a democratic government here in the United States.
The decision today also indicates that we have both the opportunity
and, I argue, the obligation to move forward on broader campaign
finance reform. Today, the court said that, in fact, we can limit
direct contributions of hard dollars to campaigns. By extension, they
give us, I hope, the impetus to go ahead and extend these limits to
soft money, because we all recognize that soft money is dominating the
political scene today. As we speak, an avalanche of soft money is
entering into our political system as part of the Presidential campaign
and various federal and state campaigns for office. Soft money
contributions were 75 percent higher in 1999 than in the same period in
1997. We can do something about this. The Supreme Court has confirmed
our ability to legislate, and we should move very quickly and very
forcefully to adopt, I believe, a total ban on soft money--but at the
minimum to impose limits on soft money.
If we don't do that, again we will undermine the faith and the trust
of the people of this country in our electoral system. They trust and
have faith that we are a nation ruled by votes and not by the size of
political contributions.
We have lots of work to do, and we should begin immediately. I sense,
as many do, that one of the reasons we have been stalling on campaign
finance reform in this body is because some people were able to offer
up an easy excuse, that we should wait to see if contribution limits
are going to be upheld by the Court as constitutional.
The Supreme Court has now decided. They have spoken in a very strong
voice today, by a vote of 6 to 3, and declared that reasonable limits
on contributions are constitutionally appropriate. As a result, I
believe we should take their decision Nixon v. Shrink Missouri
Government PAC case and build on it by limiting soft money and other
forms of indirect contributions.
Let me quote from Justice Souter:
. . . there is little reason to doubt that sometimes large
contributions will work actual corruption of our political
system, and no reason to question the existence of a
corresponding suspicion among voters.
Today's decision is an anecdote to that suspicion, but the real cure
will come when we adopt comprehensive campaign finance reform by
outlawing soft money and placing other reasonable restrictions on the
electoral process.
Today the Court discharged their responsibility. Now it is time to
take up ours. The Supreme Court declared that we can act. We should
act. I hope this decision will be a source of energy for us this
Congress, so that we can work together on a bipartisan basis for
adoption of reasonable and sensible campaign finance reform.
I thank the President. I yield the floor.
The PRESIDING OFFICER. The Senator from Oregon is recognized.
Mr. WYDEN. Mr. President, before Senator Reed leaves the floor, I
wish to commend my colleague from Rhode Island for all of his
leadership on this issue. I was proud to join him as one Member of this
body on the brief. He has consistently talked about the need to drain
the swamp that has become America's system of financing campaigns. I
share his view.
I note also Senator Hollings is here as well. Senator Hollings I
think is absolutely right as well in saying that we probably ought to
have a constitutional amendment to ensure we have comprehensive
campaign finance reform. But the good news is that the Supreme Court
today opened a window for meaningful reform opportunities and
meaningful reform legislation.
I commend my colleague from Rhode Island for all of his leadership.
____________________