There are simply no cases on the issue of whether the Congress could in effect federalize the two national parties; what McCain-Feingold seeks to do. Soft money by definition means non-Federal money. Our two great national parties get involved in Governors' races, county commissioners' races, legislators' races, and so on. This bill seeks to basically turn them into Federal parties, and take away their ability to participate outside the Federal system. There simply aren't any cases on that point because nobody has ever thought that was a good idea before. Even if maybe some court would rule that you could do it, it is not a desirable result.
Editor's note · Context
Discussing the implications of the McCain-Feingold bill on national parties.
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