Statement of Administration Policy: S. 2047 - Establishing a Commission to Commemorate the Bicentennial of the Establishment of the Democratic Party of the United States

(House)
(Sanford (D) NC and 56 others)

If S. 2047 is presented to the President in its current form, his senior advisers would recommend a veto.

The bill would establish a federally-chartered commission to commemorate the history of one political party. Appointments to the commission would be controlled exclusively by members of that same political party.

It is unclear what authority, if any, exists for this legislation under Article I, Section 8 of the Constitution. In addition, a bill that favors a specific political party in the manner contemplated by S. 2047 raises constitutional issues under the First Amendment. Authorizing a Government commission to publicize or celebrate one party could, for example, lead to activities having the effect of placing the Government's imprimatur on that political party and its current activities.

It also is unclear whether the commission is expected to perform executive functions of the Government. If it is, the bill would be constitutionally suspect because the commission's members would not be appointed pursuant to the Appointments Clause of the Constitution.

The duties of the commission go beyond the celebration of the bicentennial of the Democratic party. For example, Section 6(2) gives the Commission broad authority to "oversee the planning and development of all events, activities, and studies that are organized to commemorate the establishment and development of political parties in the United States." This authority would apparently extend to wholly private endeavors on behalf of political parties other than the one singled out by S. 2047, and other privately funded and organized studies of the democratic process. In addition to the constitutional issues that this would raise, it is clear that a commission controlled by members of one political party should never be given any sort of Government-sanctioned authority over the activities of other parties or of private citizens interested in the establishment and development of political parties in the United States.

The bill would recognize 1792 as the year in which the Democratic Party was established. That year is not generally recognized as the founding year of the party and the basis for such a claim is questionable. The date many textbooks and historians use is May 1832, when the first Democratic-Republican national convention took place. The name of the party did not evolve until May 6, 1840, during the party's third national convention.

In addition, the Administration is concerned about the expanding role of "soft money" contributions in Federal elections, and the potential for abuses inherent in this bill. S. 2047 would create a mechanism that would in effect lead to the raising and expending of money by one political party in an election year outside the provisions of the Federal Election Campaign Act and the implementing regulations of the Federal Election Commission.