Category Archive 'McCain-Feingold'

22 Jan 2010

Friday, January 22, 2010

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And you a law professor!

Anne Althouse is at her best when she is cutting.

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Texian
, commenting at Breitbart, remarks: The scary part is that four justices think that this does NOT violate the First Amendment. Hat tip to the Barrister.

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Bird Dog, at Maggie’s Farm, recommends going to Yale so you can use the Yale Club of New York City, conveniently located on Vanderbilt Avenue right across the street from Grand Central.

It’s easier than that. They even let people who went to Dartmouth and University of Virginia have memberships, and a fair number of clubs in other cities have reciprocal privileges.

It is the cheapest hotel you’d want to stay at in NYC. The second floor lounge is a peaceful refuge where you can read the paper, sip your drink, and watch traffic bustle busily around the PanAm Building out the window. The bar serves generous drinks. Harvard’s New York Club has a larger bar with good big game trophies, but it’s much farther away from the trains and it has a lot fewer rooms to stay in.

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In the latest, Jan/Feb 2010, issue of the Yale Alumni Mag, the same chap was eulogized by two classes.

1968:

Don Masters started with us in Woolsey Hall in September 1964, served with distinction as an officer in the 82nd Airborne in Vietnam, and completed his Yale degree in 1972. He practiced law in New York City and in Denver through his career, as well as serving in entrepreneurial and general counsel roles. He was particularly active in the recovery community in the Rocky Mountain region. He loved touring on his motorcycle, and died August 31 at a beautiful location near Salmon, Idaho, doing what he loved.

1972:

On a sad note, I received notification that Don Masters was killed some time ago in a motorcycle accident in a remote part of Idaho. His body was only recently found, and he was buried in Arlington National Cemetery, having served with distinction in Vietnam.

Sounds like someone I would have liked to have known.

05 Sep 2006

McCain-Feingold Goes into Effect Thursday

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The Washington Examiner editorializes:

Something almost without precedent in America will happen Thursday. That’s the day when McCain-Feingold — aka the Bipartisan Campaign Reform Act of 2002 — will officially silence broadcast advertising that contains criticism of members of Congress seeking re-election in November. Before 2006, American election campaigns traditionally began in earnest after Labor Day. Unless McCain-Feingold is repealed, Labor Day will henceforth mark the point in the campaign when congressional incumbents can sit back and cruise, free of those pesky negative TV and radio spots. It is the most effective incumbent protection act possible, short of abolishing the elections themselves.

How can this possibly be, you ask? McCain-Feingold — named after the law’s main advocates, Sen. John McCain, R-Ariz., and Russ Feingold, D-Wis. — bans all broadcast political advocacy advertising that mentions candidates by name, beginning 60 days before the election. President Bush signed and the U.S. Supreme Court shockingly upheld McCain-Feingold three years ago…

None of this would surprise Alexander Hamilton, who argued in “The Federalist Papers” that written guarantees of things like freedom of the press would be purposely misconstrued by ambitious politicians and used as a pretext to do that which the Constitution banned: “I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power.” That is just about exactly what has happened now with the First Amendment and freedom of political speech, thanks to McCain-Feingold.

By election day, it should be clear to all reasonable persons that McCain-Feingold was a serious mistake and, like Prohibition, ought to be repealed.

George W. Bush was conserving all that political capital he was going to use to pass Social Security reform and permanent tax reform. He knew that the Supreme Court would jjust have to strike down McCain-Feingold, so why take the heat? He went ahead and signed it.

The Supreme Court’s astonishing ruling in McConnell v. Federal Election Commission, I woud say, deserves to rank as the absolute nadir of Supreme Court decisions, worse than Kelo, worse than Roe, worse than Dred Scott.

The Bipartisan Campaign Reform Act of 2002 is not only a direct attack on free speech, it is a direct attack on political free speech. If any form or species of speech deserves to be more protected than others, surely it would have to be specifically political free speech.

Senator John McCain, whose name was attached to this abominable piece of legislation, is likely to be a candidate for the Republican presidential nomination in 2008. Let’s hope it does not escape the GOP’s attention that this potential nominee has a record of conspicuous enmity to both the First and Second Amendments.


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