There is a lot to consider as we wrap up seven months of Congressional activity in Washington, D.C., prior to this year’s lengthy August recess. With November’s elections looming, many pundits are claiming that poll results will be a referendum on the policies of President Barack Obama. Yet the party “in control” in Congress historically loses seats in the first midterm election, so absent a landslide it will be difficult to tell whether or not voters approve of the President’s policies. And while many demonstrations around the country seem to point to dissatisfaction, proof will only be shown in the ballot box. 

No one can ignore the fact that the 111th Congress has been historic. To date, it has approved massive spending packages and doubled the federal deficit. Congress also passed a form of government-run health care that is unique in our nation’s 234-year history. While the Federalists and Anti-Federalists were fighting over the details of the U.S. Constitution 220 years ago, both groups would no doubt be shocked by the size and scope of the federal government today.

This week, the Senate dealt with the Democracy Is Strengthened by Casting Light on Spending in Elections (DISCLOSE) Act (H.R. 5175/S. 3628), legislation that would have the effect of dramatically limiting the free speech of non-profit issue advocacy groups and individual American citizens alike. The DISCLOSE Act was written as a reaction to the Supreme Court’s decision in Citizens United v F.E.C., and demands that organizations divulge their membership lists to the government. It would also require organizations to disclose certain donor names on their website and in political advertising. (You may read more in my letter to the Senate here, and in an analysis by our Sr. Vice President and General Counsel Craig Parshall here.)

Since there are vocal factions in the Democrat Party committed to re-introducing onerous campaign finance laws, a Congressional attempt to negate the High Court’s decision is not surprising. It is also not surprising given the level of President Barack Obama’s commitment to this issue. During his January 2010 State of the Union Address, President Obama looked at the Supreme Court Justices sitting in front of him and publicly took them to task for their decision in the Citizens United case. That was an unprecedented bit of political theater – Supreme Court Justices attend the State of the Union address only as a sign of respect to the Office of the President. They never clap or show any emotion since their very presence only serves to highlight their position as representatives of our nation’s third and impartial branch of government, rather than signaling tacit approval of the current President or his policies. For the President to call out the Supreme Court Justices in such a manner – as if he or the Executive Branch had the authority – was a surprising turn of events.

So given the President’s political commitment to the DISCLOSE Act, it was good news this week when the Senate took a procedural “cloture” vote and this truly nefarious legislation failed 57-41. A 60-vote majority was needed in order to “win” cloture and move to a Floor vote, so for the moment, the DISCLOSE Act is on hold. Tuesday’s victory was a direct reflection of the efforts of American citizens and organizations that are determined to protect First Amendment free speech, and we thank those of you who contacted your Senators about the DISCLOSE Act. However, this is not a politically dead issue in Congress and may resurface again in the Senate before the end of the 111th Congress. Please continue to pray for our elected officials, on every side of the political aisle, as they wrestle with legislation that will profoundly affect our nation for decades to come. Please also pray for NRB’s Government Relations and Legal Departments as they stand on the front line every day, representing First Amendment issues so that you may remain free to present the Gospel of Christ to a lost and dying world.

The President's Column was prepared with the valuable research and writing assistance of Laurel A. MacLeod.