Tuesday, June 12, 2001
Contact: James Bopp, Jr. General Counsel
Phone: 812/232-2434;
Fax 812/235-3685
madisoncenter@aol.com
On June 12, James Bopp, Jr. testified before the Subcommittee on the
Constitution of the House Committee on the Judiciary in Washington, D.C., at
an oversight hearing entitled "Constitutional Issues Raised by Recent
Campaign Finance Legislation Restricting Freedom of Speech."
In his oral and written testimony, the Madison Center's General Counsel
focused on the damage current bills would inflict on political parties and
that McCain-Feingold (S. 27) and Shays-Meehan (H.R. 380) were alike in their
"woeful ignorance of -- or outright disdain for -- the constitutionally
protected role political parties play in our republican democracy."
Bopp demonstrated the vital role that political parties play in our
governmental system and that they should strengthened, rather than limited.
The testimony quoted numerous authorities on the importance of the American
political party system, including U.S. Supreme Court Justice Sandra Day
O'Connor, who wrote in a recent opinion that "[t]he preservation and health
of our political institutions, state and federal, depends to no small extent
on the continued vitality of our two-party system, which permits both
stability and measured change."
Bopp's advised the subcommittee that the weakening of parties contained in
current campaign finance proposals was without "justification, in either
policy or law." For example, the First Amendment mandates that issue advocacy
cannot be regulated by government, yet current proposals would restrict the
ability of parties to advocate issues in the public forum.
Bopp concluded his testimony with the comment that "[t]rue reform would
recognize that strong political parties would promote both a healthy
electoral system and the liberties guaranteed by the First Amendment."
Bopp was invited to testify because of his expertise on campaign finance
reform and the Constitution developed through litigating numerous cases
striking down unconstitutional campaign finance laws and regulations
(including eight without a loss against the FEC), as well as published
scholarly articles, other legislative testimony, and comments submitted to
the FEC on proposed regulations on election law issues. He has also
represented several party political committees.
Copies of the
June 12 testimony are available in PDF
and the
June 14 testimony in PDF format or
files in either PDF or WordPerfect format by request to madisoncenter@aol.com. Paper
copies may be obtained by calling 812/232-2434.