LAW 613 - Presidential Public Financing

The Presidential Public Financing System: An Overview of the System and Options for Reform. The presidential public financing system is at an historic crossroads: With Barack Obama’s recent decision to turn down public funds for the general election, and become the first presidential candidate since Watergate to privately finance his election, many election law scholars and practitioners believe that the presidential public financing system is broken and beyond repair. However, both Senator Obama and Senator McCain have supported past proposals to overhaul and modernize the presidential public funding system, and there are increasing signs that Congress will seriously consider various overhaul proposals in 2009, which could take effect for the 2012 presidential election. This course will analyze the presidential public financing system, the regulations and restrictions that apply to candidates who accept public funds, and major court decisions that have addressed the constitutionality of public financing regimes. We will also study various legislative proposals to overhaul the presidential public funding system and will debate whether there should be a presidential public financing system at all in the 21st century. We will also discuss several proposals to extend public financing to congressional elections. The course will emphasize the unique blend of legal, constitutional, political, and public policy issues that influence contemporary debates about the future of the the presidential public financing system.