Wednesday was the fifth anniversary of the enactment of the McCain-Feingold campaign finance law. My friend Krempasky pilloried the law here.
For my own part, I still believe today, as I did then, that the law is an obvious affront to the First Amendment. It mystifies to this day how the Supreme Court managed to find otherwise.
The First Amendment is very simple. “Congress shall make no law … 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.”
There’s absolutely no reason for you to have ever seen a printed copy of the McCain-Feingold law. Well, I have, and it runs to hundreds of pages. The resulting jurisprudence totals thousands more. And the original Federal Election Campaign Act (passed in 1974) and other related legislation add another hundred or so to the stop of the stack.
All of these laws — made in due course by Congress — exist to restrict, in one or another, how Americans can participate in the political process. And McCain-Feingold is a frontal assault on the rights of speech and association.
And yet, it’s still on the books. Five years later.
Perhaps one of these days we’ll stumble on a Congress or Supreme Court willing to defend our rights and protect the Constitution.
Until then, I’m voting for anyone but McCain.
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