Fred Thompson Pulls an Al Sharpton
. . . and no, it’s not race baiting. Instead, somebody filed suit at the FEC against Fred Thompson for running a “campaign” without declaring (the same thing Sharpton did in 2004). I apologize profusely that this originates from a leftist blogger (the same one that exposed the Foley scandal), but it appears to be on point and you must brave the liberality of the rest of the site to read the full text of the suit.
If he knows he’s running, he ought to register with the FEC and come into compliance to avoid stubbing his toe on an unconstitutional government entity. However, if he intends to practice civil disobedience, then I applaud him, seeing as how the FEC should be abolished to the extent that it regulates campaigns.
The bottom line is that the FEC’s existence cannot be justified by the constitution. The constitution has the following to say about elections:
Art. I, Sec 4:
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Place of Chusing Senators.
Art. I, Sec 8:
Congress shall have the power To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Art. II, Sec. 1 (as amended by the 12th Amendment), outlines the mechanics of the electoral college.
Art. VI:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. [this indicates that the States couldn’t step in and make conflicting rules as to elections]
And both the 14th and 15th amendments deal with the right to vote, but not the elections process itself. The 20th and 22nd amendments proscribe term limits for congress and the president respectively.
And that’s it folks - that’s all the Constitution has to say about elections. Take stock that the FEC requires financial disclosures and enforces other finance reform legislation capping contributions and financial sources. It infringes on the first amendment, the fourth amendment against seizure of papers, and everyone’s right to transfer their property from one person to another. This limit on property’s alienability is probably also a violation of the 5th Amendment’s due process guarantee.
The FEC’s actions are just plain unconstitutional. Know also that the FEC is young, having just been established in 1975 (it mucked up the 1976 election when it was preliminarily ruled unconstitutional during the Carter campaign). For a more thorough analysis, read Campaign Finance Reform: A Constitutional Analysis, by Herbert W. Titus (Bio).
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