Every federal campaign finance reform law enacted since 1971—ostensibly intended to keep politicians honest and limit the influence of contributors—has in reality protected incumbents by reducing the funds available to challengers. Although the courts have struck down many of the most egregious incumbent-protection measures enacted by Congress, important ones still remain—particularly restrictions on what political parties can spend in support of their candidates. These restrictions explain why reelection rates for incumbents are so high—up to 98 percent in recent years—despite record-low approval ratings for Congress.
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Peter J. Wallison is the Arthur F. Burns Fellow in Financial Policy Studies at the American Enterprise Institute in Washington, D.C. A former general counsel of the U.S. Treasury department, he was also counsel to Vice President Nelson A. Rockefeller and White House counsel to President Ronald Reagan.
Joel M. Gora is a professor at Brooklyn Law School and former legal counsel to the American Civil Liberties Union. As an ACLU lawyer, he represented the plaintiffs in the Buckley v. Valeo case, arguing that the requirements of the Federal Election Campaign Act violated the rights protected by the First Amendment and heavily favored incumbents.
Peter J. Wallison is the Arthur F. Burns Fellow in Financial Policy Studies at the American Enterprise Institute in Washington, D.C. A former general counsel of the U.S. Treasury department, he was also counsel to Vice President Nelson A. Rockefeller and White House counsel to President Ronald Reagan.
Joel M. Gora is a professor at Brooklyn Law School and former legal counsel to the American Civil Liberties Union. As an ACLU lawyer, he represented the plaintiffs in the Buckley v. Valeo case, arguing that the requirements of the Federal Election Campaign Act violated the rights protected by the First Amendment and heavily favored incumbents.
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