McCain-Feingold Day Will Follow Labor Day

The Washington Examiner has an editorial reminded us of what the political process lost when McCain-Feingold was passed by the Congress and signed by President Bush (h/t Instapundit):

Something almost without precedent in America will happen Thursday. That’s the day when McCain-Feingold — aka the Bipartisan Campaign Reform Act of 2002 — will officially silence broadcast advertising that contains criticism of members of Congress seeking re-election in November. Before 2006, American election campaigns traditionally began in earnest after Labor Day. Unless McCain-Feingold is repealed, Labor Day will henceforth mark the point in the campaign when congressional incumbents can sit back and cruise, free of those pesky negative TV and radio spots. It is the most effective incumbent protection act possible, short of abolishing the elections themselves.

Bush made a serious mistake signing this law. It was passed in the aftermath of the 2000 election and at a time when there was much anger on the left about elections in general. I'm of the opinion that Bush signed the law to appease the political gods, but probably thought that the Supreme Court would strike it down as clearly unconstitutional. The Supremes failed and ruled many parts of the law acceptable, and now we have what is basically an incumbent protection act.

Consequently, the voices of opposition are silenced and American democracy is poorer for it.