One corollary to the political-money obsession is the complaint that Federal Election Commission enforcement for alleged wrongdoers is too feeble. Critics say its bipartisan structure hampers its ability to regulate all this spending. But the commission’s structure is no accident. As the Center for Competitive Politics noted last year, it was part of the fallout from President Nixon’s partisan skullduggery. Nixon built an enemies list. The White House implemented a staff memo to “use the available federal machinery to screw our political enemies.”
Despite the ominous history, progressives insist campaign regulation requires a strongman. A fearless enforcer, imposing Congressional will. Someone who will take the law to its most speech-limiting extreme. And leave pesky constitutional concerns to others…
But power when regulating campaign speech is no virtue. Congress need not enact WTPA to see this model’s deleterious effects. Our democratic laboratories already created one.