PACs and
Super PACs
Super PACs
What does PAC stand for and what do they do?
PAC stands for Political Action Committee, and they are a private group which is organized to elect political candidates, advance the outcome of a political issue or legislation, or make sure certain candidates are not elected
What was the decision made in Citizens United v. FEC?
Citizens United v. FEC decided that the First Amendment prohibits the government from restricting political spending by corporations and unions. The decision enabled corporations and other outside groups to spend unlimited funds on elections.
Explain what an interest group is.
An interest group is a group of individuals or organizations that seek to influence public policy and legislation, sharing a common goal. They are independent of the government, but discuss matters with government officials and set up political action committees to fund campaigns.
Explain what dark money is.
Dark money is anonymous donations from corporations/individuals towards committees and 501(c)(4) organizations. The money is then spent towards campaign advertisements and lobbying. These organizations are NOT required by law to disclose their donors.
In 2017, the governor of Florida, Rick Scott, ran for Senate, in which the super PAC New Republican donated to his campaign.
Why did the FEC strike down Scott’s actions?
Coordination.
Super PACs are not allowed to directly fund or coordinate with a candidate's campaign
What is the difference between a PAC and a Super PAC?
A traditional PAC can accept a limited amount of money from any individual, can only spend a certain amount per election directly to a candidate's campaign, and can give money directly to the candidate’s “hard money” account.
A Super PAC can raise unlimited amounts of money, spend unlimited amounts of money to advocate for or against candidates, and are forbidden from giving money to or coordinating directly with candidates/parties.
What constitutional rights were at stake in the Citizens United v. FEC case?
The decision was based on the First Amendment right to free speech, specifically political speech and political spending. They determined that political spending is a form of protected speech and that it is unconstitutional to restrict it.
Pitfall 1:
What are the 3 parts of the iron triangle?
The iron triangle consists of:
1. Special interest groups
2. Bureaucratic agencies
3. Congressional committees.
Give one reason why people advocate for stricter campaign finance laws.
Wealthy donors are able to heavily influence elections with dark money.
Limited transparency results in less trust in the government, people want to know who is behind the advertisements.
Campaigns are likely to act in favor of the donors instead of the majority (voters).
45Committee donated close to $38 million to political campaigning in favor of Trump in 2016, of which its three identifiable donors only donated around 2% of what the group actually raised. The rest came from anonymous donors.
What type of political group is 45Committee?
Dark Money Group / 501(c)(4) organizations
What effect did Citizens United v. FEC have on PACs?
Super PACs emerged from Citizens United v. FEC. The case ruled that corporations and unions could spend unlimited amounts of money on independent election expenditures, which caused the creation of Super PACs
What did the FEC do to cause Citizens United to challenge campaign finance rules?
The FEC stopped Citizens United from promoting and airing a film criticizing presidential candidate Hillary Clinton too close to the presidential primaries.
What category within the iron triangle do lobbyists fall under and how do they affect legislation?
Lobbyists are part of the interest groups and they meet with lawmakers and executive agencies to advocate for or against certain bills.
Explain the difference between hard money and soft money in campaigns.
Hard money is money given directly to a political candidate to support their campaign and is limited under the FEC regulations. Soft money is unregulated, (unlimited) and cannot be donated directly to a candidate, but towards a party.
Lobbyists from a defense manufacturer provide money and campaign support to house members of the Armed Services committee to avoid a budget cut. House members then provide political support and money to the Defense Secretary during the election cycle, so long as they promise to not cut the defense manufacturer’s budget.
This is an example of what?
Iron Triangle
Pitfall 2:
What role does the FEC play in PACs and Super PACs?
The FEC enforces campaign finance laws, keeps track of registration and reports, and sets rules about limits and coordination. The FEC is essentially a regulator and a disclosure agency for PACs and Super PACs.
What is Citizens United and the FEC and what do they do outside of this case?
Citizens United is a conservative nonprofit group that mainly advocates for a limited government and traditional conservative American values. The FEC stands for the Federal Election Commission. This is an agency that enforces federal campaign finance laws.
What is the difference between direct lobbying vs. grassroots lobbying?
With direct, lobbyists communicate directly with the legislators to influence policy, while grassroots lobbying urges the public to contact government officials about a certain policy.
What was the outcome of the Bipartisan Campaign Act of 2002?
The Bipartisan Campaign Act of 2002 eliminated soft money donations towards political parties and increased limits on how much individuals could donate to elections (hard money). This regulated corporate spending on campaign advertisements within 60 days of a general election and 30 for primaries.
In 2020, a non-profit called Impetus Fund donated $64 million to the super PAC Future Forward USA Action to fund campaign activities. This $64 mil came from a very small and anonymous group of wealthy donors
What model of democracy does this coincide with, and is it only limited to one political party?
Elitism, and it is a bipartisan action
How much can PACs and Super PACs receive and spend in elections?
A PAC can only collect $5,000 per year from individuals and give $5,000 per election to a candidate's campaign
A Super PAC can raise unlimited amounts of money and spend unlimited amounts of money to advocate for or against candidates.
What was the federal law on money in politics in place before Citizens United vs FEC? Name one previous law, act, or case that set regulations before Citizens United vs FEC.
There had been over 100 years of laws with certain spending restrictions before Citizens United v. FEC overturned them. Before it was overturned, federal law prohibited corporations and unions from spending their money on elections within a certain amount of time of an election. PACs were still permitted to spend in elections.
Some previous laws, acts, or cases include:The Tillman Act of 1907, The Federal Corrupt Practices Act in 1910-1911, The Federal Election Campaign Act (FECA) of 1971, Austin v. Michigan State Chamber of Commerce in 1990, The Bipartisan Campaign Reform Act of 2002 (BCRA), McConnell v. FEC in 2003
Explain the downsides of the iron triangle according to hyperpluralism.
Too many interest groups within the iron triangle will cause legislative gridlock and weaken democracy. Congress cannot pass proper legislation due to intense lobbying from opposing parties.
Pitfall 3:
What is a 501(c)(4) Organization and what do they do?
A 501(c)(4) organization is a non-tax-deductible, non-profit, aiming to promote general welfare. These organizations funnel money into Super PACs and may engage in unlimited lobbying, issue advocacy, and contribute to campaign funding. They can receive unlimited donations as long as it advances their mission to benefit the community. Although 501c4’s cannot spend more than half of their money on political advocacy, the remaining donations typically go towards Super PACs.
What is the Montana Disclose Act, and what does it do for the citizens of Montana? (Think about the Dark Money Documentary we watched)
The Montana Disclose Act requires recipients of major contracts with the state to disclose all their spending on elections – including funds funneled through non-profit groups that some individuals and firms now use to hide their political activity.
This allows for the citizens to more closely monitor where candidates get their funding from, which is important because where a candidate gets their money from can inform people on the candidates motives and beliefs