American Anti-Corruption Act: Campaign Finance Reform Explained
This paper examines the American Anti-Corruption Act, a grassroots legislative proposal created by the advocacy group Represent.Us to curtail the undue influence of money in American politics. The paper outlines the Act's nine key provisions, including restrictions on congressional fundraising, lobbyist contribution limits, and mandatory financial disclosure requirements. It also analyzes the legal and political context shaping the need for reform, particularly the Supreme Court's Citizens United and McCutcheon v. FEC rulings, the rise of super PACs and dark money nonprofits, and the polarizing legacy of McCain-Feingold. The paper concludes by assessing the prospects for reform at both the local and federal levels.
- Introduction: The Case for Anti-Corruption Reform: Origins and bipartisan composition of the Act
- Restricting Lobbyist Influence and Congressional Fundraising: Provisions limiting lobbyist contributions and fundraising
- The Rise of Super PACs and Citizens United: How Citizens United expanded PAC power and spending
- Dark Money, McCain-Feingold, and McCutcheon v. FEC: Court rulings and laws fueling undisclosed political spending
- Transparency Requirements and Public Trust: Act's disclosure mandates and declining public trust
- Local Momentum and Broader Reform Efforts: Tallahassee referendum and constitutional amendment push
- Conclusion: Obstacles and Prospects for Reform: Fragmented reform landscape and prospects for change
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What makes this paper effective
- The paper grounds its argument in specific legislative provisions, court rulings, and dollar figures, giving abstract policy claims concrete empirical support.
- It demonstrates balanced framing by acknowledging the irony of Represent.Us's own 501(c)(4) status and by presenting multiple reform perspectives — local referenda, constitutional amendments, and IRS review — rather than advocating a single solution.
- The use of a diverse range of sources — Harvard Magazine, OpenSecrets, The Washington Post, and PBS — strengthens credibility and signals interdisciplinary awareness.
Key academic technique demonstrated
The paper employs contextual layering: it does not examine the American Anti-Corruption Act in isolation but situates each provision against a specific legal or political backdrop (Citizens United, McCutcheon, McCain-Feingold). This technique shows that the student understands policy analysis as requiring both a description of what a law proposes and an explanation of why those proposals became necessary.
Structure breakdown
The paper opens with an introduction to Represent.Us and the Act's bipartisan composition, then moves provision-by-provision through the Act's major components — lobbying restrictions, PAC regulation, transparency mandates, and FEC enforcement. It shifts outward to analyze the legal decisions that created the reform context, then returns to assess real-world traction through the Tallahassee referendum and Constitutional amendment efforts, closing with a candid assessment of the reform movement's fragmented progress.
Introduction: The Case for Anti-Corruption Reform
In the wake of increasing concerns about the undue influence of money and special interest groups in American politics, the anti-corruption advocacy group Represent.Us created a grassroots campaign in support of a law called the American Anti-Corruption Act. The Act is "a nine-point plan to crack down on lobbyists, strengthen the flimsy law intended to prevent super PACs from coordinating with campaigns, and put a stop to undisclosed donations funneled through dark-money nonprofits" (Aronsen, 2013).
It should be noted that, ironically, "Represent.Us is a project of United Republic, a campaign finance reform group that, like many of the outside spending organizations it takes aim at, is a 501(c)(4)" — although it is bipartisan in its composition (Aronsen, 2013). Its bipartisan membership includes "former Federal Elections Commission chair (and Stephen Colbert's 'personal lawyer') Trevor Potter, Lawrence Lessig, disgraced lobbyist-turned-reformer Jack Abramoff, representatives from Occupy Wall Street and the DC Tea Party Patriots, and even Teddy Roosevelt's great-grandson, Theodore IV" (Aronsen, 2013). This diverse composition is designed to answer critics who might suspect singular, self-interested motivations behind the Act's principles. The Act is designed not to address the abuses of a single political party, but to reform the campaign finance and influence-peddling system — particularly after the U.S. Supreme Court undercut many of the reforms embedded in a previous campaign finance law.
Restricting Lobbyist Influence and Congressional Fundraising
The first tenet of the American Anti-Corruption Act is that it will "prohibit members of Congress from soliciting and receiving contributions from any industry or entity they regulate, including those industries' lobbyists" and "prohibit all fundraising during Congressional working hours" (American Anti-Corruption Act, 2012). One of the central concerns about Congress's ability to effectively regulate industry is that members of Congress are increasingly dependent on special interest funding to finance their election campaigns. The Act's intention is, in part, to neutralize that influence.
"In 2009 alone, lobbyists spent $3.5 billion, or about $6.5 million per each elected member in Congress" (Shaw, 2012). The concern is that "money can affect what goes into the bills… Let's say we are talking about healthcare: money guaranteed that single-payer health insurance was not on the table [when drafting the Affordable Care Act]. There could be nothing more fundamental to that bill than that" (Shaw, 2012). The influence of healthcare insurance lobbyists, in other words, likely exercised powerful sway in shaping the congressional response to demands for reform.
The American Anti-Corruption Act would also tighten the definition of what constitutes a lobbyist and "limit the amount that lobbyists and their clients can contribute to federal candidates, political parties, and political committees to $500 per year, and limit lobbyist fundraising for political campaigns" (American Anti-Corruption Act, 2012).
The Rise of Super PACs and Citizens United
The American Anti-Corruption Act was intended in part to reduce the influence of PACs, or Political Action Committees, which dramatically increased in power after the Supreme Court's ruling in Citizens United v. FEC. That decision effectively declared corporations to be "persons" whose free speech rights include making campaign contributions to express their views. "Super PACs are political action committees that can accept unlimited donations from individual donors and, as a result of Citizens United, corporations and unions as well" (Laurenz, 2014).
The influence of traditional political parties has been declining while the influence of these affiliated partisan groups continues to rise. "Unlike candidates for federal office who must abide by donation limits currently set at $2,600 per individual, these super PACs can, and do, accept checks from wealthy donors in any amount. While super PACs are prohibited by law from coordinating directly with candidates, they can operate a sort of shadow campaign — running ads supporting one candidate or attacking another — with the intent of shaping the outcome of an election" (Laurenz, 2014). Many argue that the influence of such PACs is especially dangerous because voters are often unaware of the biases behind them.
Since Citizens United, the amount of money flowing to such PACs has exploded now that corporations and unions can freely donate without financial restrictions. "During the 2012 cycle, in which non-party outside spending tripled 2008's total and topped $1 billion for the first time, super PACs accounted for more than $600 million of that spending" (Mayersohn, 2014). The influence of these organizations has grown disproportionately large, even though wealthy PACs often represent only a minority of the electorate: corporations, wealthy individuals, and organizations such as unions dominate their donor rosters.
Conclusion: Obstacles and Prospects for Reform
The piecemeal nature of these populist measures — including, to some extent, the American Anti-Corruption Act itself — has made it difficult to rally broad support around a single, concrete proposal. There are many problems with the system and many ways to address them, but no singular, clear fix. The consensus is that too much money flows to PACs and non-transparent political organizations that are not held to the same legal standards as political parties with respect to contribution limits. However, the best way to address these issues — particularly in light of recent Supreme Court decisions that have constrained rather than supported reform — has led to a temporary impasse, except at the local level.
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