The Federal Election Commission is charged with upholding the Federal Election Campaign Law as it was made by Congress.
However, lately it appears the FEC has spent more and more time in Court defending the intentions of Congress against claims the laws are vague or unconstitutional.
The FEC didn't create the Acts of Congress that led to the laws. However, those that want to reshape the campaign finance laws are doing so by attacking them repeatedly in the Courts.
Anyone raise children here? Anyone debate with a child the merits of having a set bedtime? If so, then you know exactly what the lawsuits have been like:
But you can't prove my grades will go down if I stay up late. Therefore, going to bed and staying awake all night are not related. I should be allowed to stay up all night and you should stop enforcing my bedtime!
Overall, most lawsuits against the FEC are designed to break down the current law, create loopholes for unlimited spending, and defeat the purpose of Congress when it passed the Federal Election Campaign Act. (FECA)
The EMILY's List Case
The EMILY's List case against the FEC was perhaps one exception. Basically that lawsuit asked the FEC to not impose Federal limits in regards to local state elections.
The Court simply agreed that the FEC should control Federal elections and State election commissions should control State level elections.
That isn't that big of a conclusion. However, it should have been made without having to take the FEC to Court.
The super PAC lawsuit doesn't sue the FEC
The group that isn't named in the super PAC lawsuit is the FEC. However, the FEC did something wrong after the EMILY's List ruling. The FEC took the ruling and said the Court declared our laws illegal. Instead of reshaping them to reflect only Federal campaigns, they basically removed some of the key controls over all campaign spending.
So if you want to do something about unlimited financing going on today, one of the best things to do is press your congress member to look into a meeting at the FEC documented in this memo.
FEC Meeting in March 2010
Philip B. Maise
Plaintiff, Super PAC Lawsuit