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S. Hrg. 106-522

THE CONSTITUTION AND CAMPAIGN REFORM

HEARINGS

BEFORE THE

COMMITTEE ON

RULES AND ADMINISTRATION

UNITED STATES SENATE

ONE HUNDRED SDCTH CONGRESS
SECOND SESSION

ON

CONSTITUTIONAL ISSUES IMPACTING CAMPAIGN REFORM

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MARCH 22, MARCH 29, APRIL 5, APRIL 12, APRIL 26, MAY 3, AND MAY

17, 2000

Printed for the use of the Committee on Rules and Administration

COMMITTEE ON RULES AND ADMINISTRATION

MITCH McCONNELL, Kentucky, Chairman

JESSE HELMS, North Carolina
TED STEVENS, Alaska
JOHN WARNER, Viroinia
THAD COCHRAN, Mississippi
RICK SANTORUM, Pennsylvania
DON NICKLES, Oklahoma
TRENT LOTT, Mississippi
KAY BAILEY HUTCHISON, Texas

CHRISTOPHER J. DODD, Connecticut
ROBERT C. BYRD, West Virginia
DANIEL K. INOUYE, Hawaii
DANIEL PATRICK MOYNIHAN, New York
DIANNE FEINSTEIN, Calipornia
ROBERT G. TORRICELLI, New Jersey
CHARLES E. SCHUMER, New York

TAMARA S. SOMERVILLE, Staff Director

G. HUNTER BATES. Chief Counsel

ANDREW SIFF, Counsel

KENNIE L. GILL, Democratic Staff Director and Chief Counsel

LORY G. BRENEMAN, Chief Clerk

(II)

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CONTENTS

THE CONSTITUTION AND CAMPAIGN REFORM

March 22, 2000

Opening statement of:

Hon. Mitch McConnell, chairman, a U.S. Senator from the State of Ken-

tucky 1

Hon. Christopher J. Dodd, ranking member, a U.S. Senator from the

State of Connecticut 4

Hon. Dianne Feinstein, member, a U.S. Senator from the State of Califor-

nia '. 3

Hon. Robert G. Torricelli, member, a U.S. Senator from the State of

New Jersey 102

Testimony of:

A panel consisting of:

Ira Glasser, Executive Director, American Civil Liberties Union, New

York, NY 6

Joel M Gora, Associate Dean, Brooklyn Law School, Brooklyn, NY 14

Deborah Goldberg, Deputy Director, Democracy Program, Brennan Cen-

ter for Justice, NYU School of Law, New York, NY 22

A panel consisting of:

Kathleen M. Sullivan, Dean, Stanford Law School, Stanford, CA 34

Lillian R BeVier, Professor, University of Virginia School of Law, Char-

lottesville, VA 41

Alan B. Morrison, Director, Litigation Group, Public Citizen, Washington,

DC 83

Prepared statement of

Ira Glasser, Executive Director, American Civil Liberties Union, New

York, NY 10

Joel M Gora, Associate Dean, Brooklyn Law School, Brooklyn, NY 17

Deborah Goldberg, Deputy Director, Democracy Program, Brennan Cen-

ter for Justice, NYU School of Law, New York, NY 25

Kathleen M. Sullivan, Dean, Stanford Law School, Stanford, CA 38

Lillian R. BeVier, Professor, University of Virginia School of Law, Char-

lottesville, VA 45

Alan B. Morrison, Director, Litigation Group, Public Citizen, Washington,

DC 86

Material Submitted for the Record:

Appendix 1. What If... Buckley Were Overturned?, by Alan B. Morrison ... 117

Appendix 2. Statement submitted for the record from John C. Bonifaz,

Executive Director, National Voting Rights Institute 142

Appendix 3. The Hagel Campaign Finance Bill: An IUusionary Reform

by Fred Wertheimer 147

Appendix 4. 'A Reform Dog That Won't Hunt", The Wall Street Journal,

Mar. 16, 2000 152

Appendix 5. Additional questions for the record from Members and an-

swers submitted by witnesses 153

Pags

PRESIDENTIAL PRIMARIES AND CAMPAIGN FINANCE

March 29, 2000

Opening statement of:

Hon. Mitch McConnell, chairman, a U.S. Senator from the State of Ken-

tucky 186

Testimony of:

A panel consisting of:

Hon. Fred Thompson, a U.S. Senator from the State of Tennessee 172

Hon. Joseph I. Lieberman, a U.S. Senator from the State of Connecticut .. 174

Hon. Slade Gorton, a U.S. Senator from the State of Washington 175

A panel consisting of:

Hon. Lamar Alexander, Nashville, TN 189

A panel consisting of:

Herbert E. Alexander, Professor Emeritus of Political Science, University
of Southern California; Director Emeritus, Citizen's Research Founda-
tion, Silver Spring, MD 199

Roger Pilon, Vice IVesident, Legal Affairs, and Director, Center for Con-
stitutional Studies, Cato Institute, Washington, DC 207

Derek Cressman, Campaign Finance Analyst, United States Public Inter-
est Research Group, Washington, DC 213

Prepared statement of:

Hon. Slade Gorton, a U.S. Senator from the State of Washington 177

Hon. Lamar Alexander, Nashville, TN 192

Herbert E. Alexander, Professor Emeritus of Political Science, University

of Southern California; Director Emeritus, Citizen's Research Founda-

tion, Silver Spring, MD 202

Roger Pilon, Vice President, Legal Affairs, and Director, Center for Con-

stitutional Studies, Cato Institute, Washington, DC 211

Derek Cressman, Campaign Finance Analyst, United States Public Inter-

est Research Group, Washington, DC 218

Hon. Dianne Feinstem, member, a U.S. Senator from the State of Califor-

nia 227

Material submitted for the record:

"A Trust Fund for Pols," Wall Street Journal, March 29, 2000 187

Appendix 6. Reprints of speeches on First Amendment submitted by

Lamar Alexander 280

Appendix 7. S. 1991 and Dear Colleague sent by Senators Thompson

and Lieberman, Oct. 7, 1999 244

Appendix 8. S. 1789 and introductory remarks by Senator Gorton from

Oct. 26, 1999 Congressional Record 253

Appendix 9. "GOP Panel Votes to Revise Primary System," New York

Times, May 13, 2000; "Nominating Future Presidents, A Review of

the Republican Process," a report commissioned on behalf of the Repub-

lican National Committee, May, 2000 264

Appendix 10. "Electoral March Madness," Washington Post, May 17,
2000 269

Appendix 11. Additional questions for the record from Members and

answers submitted by witnesses 271

POLITICAL PARTIES IN AMERICA

April 5, 2000

Opening statement of:

Hon. Mitch McConnell, chairman, a U.S. Senator from the State of Ken-

tucky 277

Hon. Christopher J. Dodd, ranking member, a U.S. Senator from the

State of Connecticut 279

Hon. Kay Bailey Hutchison, member, a U.S. Senator from the State

of Texas 281

Testimony of:

A panel consisting of:

Hon. Martin E. Meehan, a U.S. Representative from the State of Massa-

chusetts 281

Page

A panel consisting of—Continued

Hon. Christopher Shays, a U.S. Representative from the State of Con-

necticut 284

Bobby R Burchfield, Partner, Covington & Burling, Washington, DC 289

A panel consisting of:

Michael C. Munger, Chairman-Designate, Department of Political

Science, Duke University, Durham, NC 313

Dylan C. Glenn, Republican Candidate for Congress, Second District

of Georgia, Albany, GA 324

Robert T. Bennett, Chairman, Ohio Republican Party, Columbus, OH 326

A panel consisting of:

Scott Harshbarger, President and CEO, Common Cause, Washington,

DC 338

Charles EM. Kolb, President, Committee for Economic Development,

Washington, DC 351

Prepared statement of:

Hon. Christopher Shays, a U.S. Representative from the State of Con-

'necticut; and Martin T. Meehan, a U.S. Representative from the State

of Massachusetts (joint statement) 286

Bobby R Burchfield, Partner, Covington & Burling, Washington, DC 294

Michael C. Munger, Chairman-Designate, Department of Political

Science, Duke University, Durham, NC 316

Dylan C. Glenn, Republican Candidate for Congress, Second District

of Georgia, Albany, GA 325

Robert T. Bennett, Chairman, Ohio Republican Party, Columbus, OH 329

Scott Harshbarger, President and CEO, Common Cause, Washington,

DC 342

Charles E.M Kolb, President, Committee for Economic Development,

Washington, DC 355

Material submitted for the record:

Appendix 12. Exhibits submitted by Bobby R. Burchfield 361

Appendix 13. "NRA Steps Up GOP Donations in Strategy Shift," Los

Angeles Times, Apr. 5, 2000 383

Appendix 14. "Scholars' Letter to Congress: Why Campaign Finance 'Re-

form' is Ill-Advised and Will Not Work," Apr. 1, 2000 385

Appendix 15. "Is Negativity Good for Politics? Positively," Washington

Post, Apr. 2, 2000 390

Appendix 16. Letter from Business-Industry Political Action Committee

of America (BIPAC), Oct. 7, 1999 submitted for record by Chairman

McConnell 393

COMPELLED POLITICAL SPEECH

April 12, 2000

Opening statement of:

Hon. Mitch McConnell, chairman, a U.S. Senator from the State of Ken-

tucky 395

Hon. Charles E. Schumer, member, a U.S. Senator from the State of

New York 398

Hon. Don Nickles, member, a U.S. Senator from the State of Oklahoma ... 435

Testimony of:

A panel consisting of:

David S. Fortney, Washington, DC 400

Laurence E. Gold, Associate General Counsel, AFL-CIO, Washington,

DC 410

Leo Troy, Professor of Economics, Rutgers University, Newark, NJ 425

A panel consisting of:

Kenneth F. Boehm, Chairman, National Legal and Policy Center,

McLean, VA 448

Joan Claybrook, President, Public Citizen, Washington, DC 456

Robert P. Hunter, Mackinac Center for Public Policy, Midland, MI 463

Prepared statement of:

Hon. Charles E. Schumer, member, a U.S. Senator from the State of

New York 399

David S. Fortney, Washington, DC 403

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