I'm as outraged as anyone at Harry Reid's apparent move to protect secret earmarks. I have a call into his office, and I'm told that there were some negotiations going on that suggest that Reid's work isn't as bad as it's being reported. I tend to trust Josh Marshall on this, but my general reaction is less annoyance at this specific fight and more frustration at the avoidance of the real issue at hand by various parties involved in the ethics and corruption field. Let's be honest - quasi-corrupt practices such as secret earmarks are not the result just of bad people in politics, they are the result of structural factors that encourage the legalized bribery of our governing class. If you restrict secret earmarks without changing any other incentives, you'll simply push the quasi-corruption into another legal vehicle designed to bilk the public and hide the costs.
The good government world simply doesn't recognize this. Take Citizens for Ethics and Responsibility in Washington, which does amazing work on corruption and is pushing for various amendments and procedural changes in how members and lobbyists relate to each other. Or Public Citizen. Or Common Cause. Or any of the good government groups. They are all pursuing the same remedies that failed in the 1970s, process reforms to restrict the flow of money into politics, sometimes on the inflow side (campaign finance) and sometimes on the outflow side (earmarks).
These reforms do not and never have worked and I'm really tired of liberal groups focusing on them as some sort of panacea. You might be able to make the argument that the Supreme Court in Buckley crippled some of these reforms, but the reality is that you can't pull money out of politics. You can't. Not gonna happen. Can't happen. Money is political, and restrictions are just another creative problem for election lawyers and lobbyists to tackle. Te good ones will tell you this themselves.
What you can do is change the incentives for candidates to direct this money for the public welfare, and that means, drumroll, public financing of elections. If you are serious about ending legalized bribery, you would look at a situation where freshman members have to raise $25,000 a week every week for the next two years with corporate lobbyists salivating to hand them cash and say 'Hey, that's a bad incentive model. We should change it'.
Dick Durbin has a bill to publicly finance elections. It's there. It's worked in Maine and Arizona. If a quarter of the effort went into the push to publicly finance elections that goes into this stupid and rather petty fight over earmarks and criminalizing lobbying, we would be a lot further on restoring public ownership of our political system.
I'm getting pretty upset with the Democratic leadership in the Senate, but I'm going to be honest and point out that this is a result of serious strategic flaws in the funding, good government, liberal single-issue, and political consulting communities. Harry Reid and Max Baucus are not good for progressives, but they are operating in a world we can change. That we won't change the rules on them is our responsibility.
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