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Money and Markets: Essays in Honor of Leland B. Yeager

Money and Markets: Essays in Honor of Leland B. Yeager

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60 James C. Miller IIIthe transaction should be itemized on a Schedule B support<strong>in</strong>g L<strong>in</strong>e 17. If theultimate payee (vendor) requires itemization, it should be listed on Schedule B asa memo entry directly below the entry itemiz<strong>in</strong>g the repayment <strong>of</strong> the advance.Cont<strong>in</strong>uous report<strong>in</strong>g (on Schedule D) <strong>of</strong> all outst<strong>and</strong><strong>in</strong>g debts is required.Please amend your report, if necessary.What is not clear from the letter is that the problem stemmed from a transcriptionerror <strong>in</strong> my report to the FEC, <strong>in</strong>dicat<strong>in</strong>g that a major deposit to the campaignaccount had been made the day after the campaign had written a major check to avendor.The learn<strong>in</strong>g curve <strong>and</strong> costs <strong>in</strong>volved <strong>in</strong> deal<strong>in</strong>g with such report<strong>in</strong>g requirementsare substantial <strong>and</strong> amount to ma<strong>in</strong>ta<strong>in</strong><strong>in</strong>g a license to run for Federal<strong>of</strong>fice. 49Political markets <strong>in</strong> the absence <strong>of</strong> Federal laws <strong>and</strong>rules limit<strong>in</strong>g competitionThose who have been most adamant about the need for stricter regulation <strong>of</strong> Federalelection campaigns no doubt will respond to the criticisms leveled above by suggest<strong>in</strong>gthat the alternative – the elim<strong>in</strong>ation <strong>of</strong> anticompetitive restra<strong>in</strong>ts – wouldbe far worse. That is not the case. As outl<strong>in</strong>ed briefly below, a regime where currentanticompetitive restrictions were removed would be far more competitive, <strong>and</strong>elected <strong>of</strong>ficials would respond much more efficiently <strong>and</strong> effectively to citizens’preferences.An important caveat: the regime posited does not contemplate the removal <strong>of</strong>any laws <strong>and</strong> implement<strong>in</strong>g regulations affect<strong>in</strong>g who is allowed to contribute,fraud, <strong>and</strong> other crim<strong>in</strong>al acts. That is a whole separate issue. What is posited is therepeal <strong>of</strong> anticompetitive laws <strong>and</strong> the elim<strong>in</strong>ation <strong>of</strong> anticompetitive regulations.Under this regime, corporations <strong>and</strong> unions would still not be allowed to contributedirectly, voter fraud would still be a crime, <strong>and</strong> so would buy<strong>in</strong>g votes, brib<strong>in</strong>gelected <strong>of</strong>ficials, etc. Although there are variations on what might be characterizedas a regime free (or relatively free) <strong>of</strong> anticompetitive restra<strong>in</strong>ts, the follow<strong>in</strong>gdiscussion assumes the repeal <strong>of</strong> virtually all <strong>of</strong> FECA <strong>and</strong> BCRA. It also assumesthe disestablishment <strong>of</strong> the FEC <strong>and</strong> the withdrawal <strong>of</strong> all its rules. 50How would political markets perform under such a regime? Much more efficiently<strong>and</strong> effectively than at present – <strong>and</strong> relatively free <strong>of</strong> the unsavory practicescritics are likely to propound as the <strong>in</strong>evitable consequence <strong>of</strong> any free<strong>in</strong>g up <strong>of</strong>current legal <strong>and</strong> regulatory requirements.First, three “macro” issues. It will be said that with no limits on contributions,total expenditures on Federal campaigns would be exorbitant. Judged by spend<strong>in</strong>gon the commercial-market analogue – advertis<strong>in</strong>g – this is very unlikely. In MonopolyPolitics, I conservatively estimate that spend<strong>in</strong>g (<strong>of</strong> all types) on Federal campaignsper dollar <strong>of</strong> “sales” is only half <strong>of</strong> what is spent on advertis<strong>in</strong>g (per dollar <strong>of</strong> sales) <strong>in</strong>the commercial sector. 51 Lift<strong>in</strong>g the lid on contributions would not likely result <strong>in</strong>more than a doubl<strong>in</strong>g <strong>of</strong> campaign spend<strong>in</strong>g. In any event, the greatest <strong>in</strong>crease <strong>in</strong>

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