US Congress

Free Speech Case: Citizens United (Hillary: the Movie) v. Federal Election Commission

Bill Smith, ARRA Editor: The Cato Institute has been following the Citizens United v. FEC case, in which the Supreme Court is set to rule on whether an organization can use speech about a political candidate in the days leading up to an election. The Federal Election Commission banned Citizen United from showing a film against Hillary Clinton on a pay-per-view basis shortly before the last year’s election.

The so-called Citizens United case offers the Supreme Court a chance to severely curtail the free speech abuses of the Federal Election Commission. If the government can ban broadcasts under federal law, that else can they ban? Books? Commercials? In the following CATO video, campaign finance law and free speech experts discuss the case, and what it means for the future of free speech. The Supreme Court is set to rule on it in the next few weeks. John Samples, Director of the Cato Institute's Center for Representative Government, Institute for Justice Senior Attorney Steve Simpson and George Mason University law professor Allison Hayward weigh in.

The infringement on free speech is troubling. We will be sure to let you know when the Supreme Court makes their ruling. While we cannot predict the outcome, the very thought that the government could eventually ban books, news print, this blog, and any other form of political commentary is nothing more than overturning the 1st amendment. What part of "Congress shall make no law . . . prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press . . ." does Congress and the Federal Election Commission not understand?

American First, Republican Second

Americans have sent a clear message that must be reflected upon: As Republicans, we are not trusted to lead this country. After the results from eight years of a George Bush Presidency and six years of a Republican Congress, voters decided it was time for change. Who can blame them?

Democrats promised voters they would deliver the essential functions of government, such as a dependable economy and consistent national defense, while acting responsibly and effectively. Their promise of post-partisan politics was appealing as well, considering the growing desire among voters to elect representatives who will work for all Americans, not just a political party.

This remains a center-right nation, ideologically, but the last two election cycles demonstrated that Americans are willing to look past differences on the major issues and take a chance on candidates who have promised to be more productive and competent than their predecessors. This represents a shift in the political landscape, away from ideology and towards pragmatism.

To move this country forward, Republicans and Democrats must work together to develop the best solutions for the serious problems our country faces. Just as Republicans and Democrats allied after the disasters of September 11th, both parties must join together to guarantee America's  problems are resolved. As Americans, we must demand that our elected representatives cooperate to solve the very serious dilemmas in America right now.

Some question the conservative credentials of Republicans willing to work with Democrats, but it should be stated that the goal is never to dilute conservatism via compromise. Republicans must never acquiesce or waver in defense of our core conservative principles: strong national defense, free market capitalism, freedom and liberty for individuals, decreased tax burden for all taxpayers, and limited waste in government. While Republicans will not win each battle, we must always be prepared to defend and promote our principles. If not, both Americans and Republicans will lose.

Delivering on the promise of good bipartisan government requires that liberal and conservative tenets are represented in every discussion. Unfortunately, when Republicans offered conservative additions to a very liberal stimulus plan, they were swiftly rejected by Congressional Democrats and President Barack Obama. We should all support Republican Congressmen in their fight to protect capitalism and lower taxes on middle and low-income workers.

Regrettably, vocal conservatives derided their actions as traitorous, instead of rallying support. This criticism is not only juxtaposed to the economic interests of the country, but also inhibits Republican efforts to rebuild our damaged credibility. As a party, we cannot afford to become marginalized reactionaries who simply oppose for the sake of opposition. The outcome of such mindless opposition would be legislation without input from Republicans, robbing Americans of conservative principles that will help in these difficult times.

With Democrats controlling the executive and legislative branches of government, they will undoubtedly advance a liberal agenda. Because of such control, Republicans have only two clear choices of action—fight Democrats in futility or collaborate to ensure our conservative principles are represented. But be forewarned, trading insults back and forth will not stall overtly liberal plans.

Once both political parties acknowledge the benefit of collaboration, they will be able to provide the most needed improvements for our nation. Republicans will also receive an invaluable opportunity to reassert credibility and narrow the trust gap with the American people. When this is combined with expanded outreach to young and minority voters, Republicans will enjoy a vastly improved electoral outlook.

In the end, it doesn't matter to most Americans if something comes from a Democrat or Republican. Everyone desires a government that works. Americans must demand that both Republicans and Democrats place America ahead of partisanship. It's imperative that we are all Americans first, partisans second.

Lauren is the Head Editor at New Republicans and a Senior at West Coast Baptist College in Los Angeles. Patrick is the Chairman Emeritus of the Texas Federation of College Republicans and a Sophomore at Collin College in Dallas. Both are experienced campaign staffers.

Congressional Bribery

Gov. Blagojevich was caught offering to trade a decision for a reward, personal or political.  This is widely understood to be disgraceful and illegal.

But is it really so unusual?  How does what Gov. Blagojevich did differ from the (bipartisan) extortion that is considered routine in Congress?  Blagojevich sought $1 million; Congressional bribes cost billions.

House Democratic leaders are offering billions in federal funds for lawmakers' pet projects large and small to secure enough votes this week to pass an Iraq funding bill that would end the war next year. ... To get them off the fence and on the bill, Democrats have a key weapon at their disposal: cold, hard cash.  The bill contains billions...

Perhaps one might argue that Blagojevich sought personal benefit when he demanded campaign contributions in exchange for his vote.  Perhaps.  But earmarks are little more than incumbent slush funds - a de facto campaign contribution, paid for by US taxpayers.  The effect is the same. (we are leaving aside, for the moment, the also-vexing issue of vote-trading)

The legislative bribery works two ways.

  1. Pork buys votes for the basic legislation (as described above), or...
  2. Legislation is leverage to get votes for otherwise unacceptable pork.  After all, you can't vote against funding a spinach farm without voting against funding the troops; and you can't vote to fund the troops without voting for a few billion dollars worth of pork.  Whatever the legislative rationale for these omnibus bills, they amount to extortion.

Yes, Gov. Blagojevich is a disgrace.  But Gov. Blagojevich merely did what our US Congress does as a matter of routine.

Major "Earmark" in Democrat Bailout Agreement

Update (9:58AM, Sept. 26th): While Sens. Harry Reid and Chris Dodd stand before the news this morning pontificating and mocking Republicans, especially Sen McCain, for the perceived delay in reaching agreement, they also continues to prevaricate. Sen. Reid and Speaker Pelosi initially asserted that they needed McCain to clinch a deal for Democrats and now they are like a pack rabid dogs blaming John McCain for the deal falling apart. In fact, the deal fell apart before McCain arrived.

A republican senate source has confirmed that the questioned provision reported in this post is being opposed by Senate Republicans which has upset Democrats. Republicans are not opposing the obvious issues identified by Reid. They are working to get rid of the questioned provision "if they can." Also, they have already gotten the Democrats to back down from providing "most" of the money ("future profits") to the groups mentioned in the article "to a much smaller percentage." Negotiations are likely to continue throughout the day. Obviously no one is happy - especially the majority of the American public.

Breaking News - Bill Smith, ARRA Editor. I received a copy of "Agreement in Principle" relative to the $700 billion "bailout" being proposed and supported by Senate Democrats. The one page agreement from the U.S. Senate Banking Committee details guidelines to be put in place relative to taxpayer protection, oversight and transparency, home ownership preservation and Funding Authority.

While on the surface the agreement looks generic and positive, However, the "devil is in the detail." There is one detail that Democrats are concerned that Republicans will not agree to in the bailout agreement. That is if the Republicans even see the item. It seems that this issue may be one reason that many Democrats have hounded Sen. John McCain and pushed for his speedy approval. Senate Majority Harry Reid (D-NV) has already identified that it is Sen. John McCain's approval, not Barack Obama approval, that is needed to secure the agreement of Senate Republicans. In fact, the questioned provision indirectly focus on some prior concern regarding Sen. Barack Obama involvement with various organizations. Maybe that is why Obama would prefer being at a debate in Mississippi than being in Washington D.C.

House Speaker Nancy Pelosi's (D-CA) cohorts are also hounding Sen. McCain to agree. They know that neither the House Republicans nor the House Blue Dog Democrats are going to sign on easily to an agreement extending $700 billion "bailout" if Sen. McCain disagrees. Pelosi does not have control of the fiscally conservative Blue Dogs who are not happy with committing $700 billion to the "bailout" effort.

In the "agreement in principle," there is the effect of a major "earmark" which commits money from future "profits" to be given to nonprofits organizations like ACORN, National Council of La Raza and potentially the National Urban League. This agreement clearly evidences that the Government expects to benefit in the future from the bailout when the values of property rises and mortgages or properties are then sold by the Federal government. The agreement --

"Directs a certain percentage of future profits to the Affordable Housing Fund and the Capital Magnet Fund to meet America's housing needs."

In the proposed bailout agreement, Sen. Christopher Dodd, the Senate Banking Committee and other Democrats desire to pre-direct that future funds (profits) not be returned to the taxpayers via the treasury but that they be used to underwrite potential questionable (maybe even illegal activities) of certain nonprofits which have had a hand in promoting and expanding access to "no money down" loans for minorities, illegal voter registrations and extensive lobbying activities.

Let’s examine the connection of the Affordable Housing Fund and the Capital Magnet Fund with the various nonprofit groups mentioned above. In July, 2008, a Wall Street Journal article addressed the previous housing bill signed into law:

Provide[d] a stream of billions of dollars for distressed homeowners and communities and the nonprofit groups that serve them. One of the biggest likely beneficiaries, despite Republican objections is Acorn, a housing advocacy group that also helps lead ambitious voter-registration efforts benefiting Democrats. Acorn -- made up of several legally distinct groups under that name -- has become an important player in the Democrats' effort to win the White House. Its voter mobilization arm is co-managing a $15.9 million campaign with the group Project Vote to register 1.2 million low-income Hispanics and African-Americans, who are among those most likely to vote Democratic. Technically nonpartisan, the effort is one of the largest such voter-registration drives on record.

The organization's main advocacy group lobbied hard for passage of the housing bill, which provides nearly $5 billion for affordable housing, financial counseling and mortgage restructuring for people and neighborhoods affected by the housing meltdown. A third Acorn arm, its housing corporation, does a large share of that work on the ground. Acorn's multiple roles show how two fronts of activism -- housing for the poor and voter mobilization -- have converged closely in this election year. The fortunes of both parties will hinge in part on their plans for addressing the fall of the nation's housing market and the painful economic slowdown. . . .

Partly because of the role of Acorn and other housing advocacy groups, the White House and its allies in Congress resisted Democrats' plans to include money for a new affordable-housing trust fund and $4 billion in grants to restore housing in devastated neighborhoods. In the end, the money stayed in the bill; the White House saw little choice. What most riles Republicans about the bill is the symbiotic relationship between the Democratic Party and the housing advocacy groups, of which Acorn is among the biggest. Groups such as the National Council of La Raza and the National Urban League also lobby to secure government-funded services for their members and seek to move them to the voting booth. Acorn has been singled out for criticism because of its reach, its endorsements of Democrats, and past flaws in its bookkeeping and voter-registration efforts that its detractors in Congress have seized upon. . . .

Sen. Obama is especially reliant on registration drives, such as Acorn's with Project Vote, to help him win the White House. The Illinois Democrat draws his strongest support from blacks, Hispanics and young people, groups that are among the least likely to be registered. After law school, Sen. Obama was the director of Project Vote in Chicago. . . .

Democrats on Capitol Hill have helped to steer millions of dollars in housing and other grants from the federal government toward Acorn and groups like it. The groups must qualify and compete for the money, which is typically doled out from the federal government to states and municipalities. The housing package includes a new, permanent source of affordable-housing money that congressional Democrats and grassroots groups have sought for years. The Affordable Housing Trust Fund and the Capital Magnet Fund will be funded by a tax on mortgages backed by Fannie Mae and Freddie Mac, the government-sponsored mortgage titans.

That tax eventually will channel upwards of $600 million annually in grants for developing and restoring housing, mostly as low-income rentals, available to Acorn and other groups. Democrats on Capitol Hill and housing groups say the housing-assistance money is vital to helping Americans hit hardest by what some call the largest drop in home values since the Great Depression. But they acknowledge the perception of political conflict in giving federal funds to an organization that does political work. "We are guarding against it," said Massachusetts Rep. Barney Frank in an interview. He secured the Affordable Housing Trust from his seat as chairman of the House Financial Services Committee. . . .

Acorn describes itself as the nation's largest grassroots community organization, with more than 400,000 families organized into 1,200 neighborhood chapters in 110 cities. Over four decades, Acorn has turned its broad membership into a powerful lobbying tool. Its representatives are well-known in the marble halls of the Capitol, and press local, state and federal governments . . .

ACORN is the agency where Sen. Barack Obama worked as a trainer for the Association of Community Organizations for Reform (ACORN), whose affiliate, Project Vote, is known for voter fraud. It is this same organization from which a large part of the mortgage mess has grown. After Harvard Law School, Obama provided legal representation for ACORN. Obama sat on the boards of the philanthropic Woods Foundation and the Joyce Foundation which both funneled millions of dollars to ACORN.

In 2006, the Wall Street Journal addressed Acorn Indictments. In a recent article, additional complaints, indictments and arrests and conviction of ACORN members for voter fraud have been detailed for Colorado, Florida, Missouri, Ohio, Pennsylvania, Washington State, and Wisconsin. Democrats on Capitol Hill have steered billions of the taxpayer monies to risky ventures and to nonprofits organizations like ACORN, National Council of La Raza through the government’s Affordable Housing Fund and the Capital Magnet Fund. As a result groups like ACORN have developed powerful lobby groups to secure tax money for their organizations. Now the proposed "agreement in principle" for the $700 Billion "bailout" seeks to continue the protection of this process. In another article by James H. Walsh, a former federal prosecutor, it was noted that:

ACORN Housing Corporation (AHC) was instrumental in its passage of the Community Reinvestment Act (CRA) which has plagued the mortgage markets since 1977. The U.S. Congress through the CRA compelled banks and lending institutions to make loans to “communities of color” disregarding sound economic and risk guidelines. CRA encouraged the relaxing of “outdated” risk-management protocols and underwriting obligations by lending institutions. In the name of ending discrimination, no longer were “communities of color” required to provide verification of income, employment, credit history, ability to pay homeowner bills, or down payment. In response, many banks and mortgage groups bundled trillions of dollars of “subprime” loans and sold them to investors here and abroad. It is these bundled Community Reinvestment Act mortgages, doomed to fail, that are today causing financial strain in U.S. and global financial markets.

In short, a Democrat Congress and President demanded that banks change the rules of good banking and open the Pandora’s Box of mortgage defaults and foreclosures now coming to a head. This home-parity concept of the radical left was mobilized by ACORN resulting in a purchase of a property without any credit, income, employment, and a zero down payment.

In 2003, Fannie Mae home-parity funding in Chicago reached $600 billion. When Franklin Raines, former chair and CEO of Fannie Mae, stepped down in 2004 but managed to take with him a multimillion-dollar parachute and a monthly pension of $114, 393 for life, and should he die, for his wife’s lifetime. Until recently, Raines was an advisor to Obama.

Open Secrets reveals the investment made by Fannie Mae and Freddie Mac in Democrats and details the Top 25 Democrat Recipients of Fannie Mae and Freddie Mac contributions in 1989-2008. The top three in order were Senators Christopher Dodd, John Kerry and Barack Obama.

When government tries to fix social issues through the use of the taxpayers’ money, there are consequences. Now the American taxpayers are being called upon again to underwrite the problems exacerbated by the prior actions of former and the current Congress and past administrations. It is hoped that Senators and Representatives will avoid this massive "earmark." All "future profits" from the resolution and disposition of the alleged current bad mortgages ("bad paper"), should accrue to the American taxpayers as a whole and be returned to the Treasury. Any determination as to the use of "future profits" should be determined by those elected and representing the people at that future point in time. No agreements should include an obligation on the potential "future profits." No agreements should support questionable programs that support organizations that contributed to the failures of mortgages or to the bad lending practices promoted by prior Congresses and administrations.

Democrats Hidding Behind Bush

Bill Smith, Editor: Congressional Democrat leaders attending the DNC 2008 in Denver are attempting to transfer their failures to President Bush in an effort to distract voters by claiming their candidate is running against the Bush/McCain or McCain/Bush ticket. America is not stupid. Bush is retiring to Texas. And, Sen. John McCain as a maverick has never been part of the Bush team. It is true that Bush and McCain have conservative principles on which they agree. However, McCain as a maverick never placed party line first and often reached across the Senate isle to work with Democrats on critical issues. McCain has a leading democrat backing him and even the current identified Democratic vice president said positive things about McCain's qualifications to be president. Allegiances are shifting everywhere but with the Democratic leadership in Congress

While the candidates carry out their campaigns as they determine best, the Congressional Democrat leadership hides their failures behind George Bush. They are pursing a "con" job on the voters. They are working hard to sell their head-in-the-sand approach to energy policy to the American people. This may prove to be difficult with the divisions in their party who are deciding whether to continue following the inept Democrat leadership's refusal to produce more American energy. Some are tired of their leaders' ineptness and are considering joining with Republicans and sensible Democrats in support for policies like opening more areas to offshore drilling. ABC News reports that Rep. Neil Abercrombie (D-HI) is concerned that Democrats’ lack of action on a comprehensive energy solution could cost them politically. Abercrombie has joined with his GOP colleague Rep. John Peterson of Pennsylvania to urge a vote on an offshore drilling proposal.

Unfortunately, it doesn’t appear that House Speaker Nancy Pelosi is paying attention. Pelosi has not been bothered by these situations and has even advocated for Democrats with competitive races to lie and side with the Republicans because she can still stall and control things back in Congress. Though she’s been saying that drilling could be part of an energy package, she refuses to commit to a specific vote. Reuters reports, “She criticized President George W. Bush and other Republicans for presenting offshore drilling as an answer to the recent rise in U.S. gasoline prices, saying expanded drilling would not affect prices for a decade and then only by a small degree. ‘I don’t think that's a good alternative. But if they can prove that it is, and they want to pay royalties to the taxpayer ... then we have something to talk about’. . .”

Non-leader Pelosi would rather deal in distractions than grasp the laws of supply and demand. She says that drilling is not in her DNA. She would do well to read today’s New York Times, which discusses the recent rapid increase in American natural gas production. The Times writes, “Domestic natural gas prices have already plunged 42 percent since early July, an even faster drop in price than oil or most other commodities, in part because the rapid supply growth has begun to influence the market. Price spikes remain possible, of course, but throughout the industry the shale discoveries are causing a shift in thinking about the long-term outlook.”

Although doubtful, Democrats who understand how supply and demand work will be able to use their time in Denver to convince Nancy Pelosi and Harry Reid to that a “find more and use less” approach to energy is the best way to lower gas prices and provide more energy to America. Republicans have put forward a number of serious plans to do just that. It begs the question, when will the wiser more reasoned Democrats stop being lead by people who are disgracing their positions and hurting the American people? Also, noticeable is that five Democrat senators put themselves forward as qualified to be President of the United States and yet, not one of them would lead the effort to replace an inept Harry Reid. Pelosi and Reid, democrat agents of "no" change!

Democrats Resist Logic - No Will To Drill

Charles KrauthammerARRA News Service -As often happens on Fridays, Charles Krauthammer has a devastating column. He skewers Democrats in Congress for their staunch opposition to producing more oil and for their weak arguments against doing so. Krauthammer writes:

By an overwhelming margin of 2 to 1, Americans want to lift the moratorium preventing drilling on the Outer Continental Shelf, thus unlocking vast energy resources shut down for the past 27 years. Democrats have been adamantly opposed. They say that we cannot drill our way out of the oil crisis. Of course not. But it is equally obvious that we cannot solar or wind or biomass our way out. Does this mean that because any one measure cannot solve a problem, it needs to be rejected? . . . The consensus in the country, logically unassailable and politically unbeatable, is to do everything possible to both increase supply and reduce demand, because we have a problem that’s been killing our economy and threatening our national security. And no one measure is sufficient.” . . .

The problem for the Democrats is that the argument for ‘do everything’ is not rocket science. It is common sense. Which is why House Speaker Nancy Pelosi, surveying the political rubble resulting from her insistence on not even permitting drilling to come to a floor vote, has quietly told her members that they can save their skins and vote for drilling when the pre-election Congress convenes next month. Pelosi says she wants to save the planet. Apparently saving her speakership comes first.” . . . [Read Charles Krauthammer's No Will To Drill]

 

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