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I feel like this is a unique opportunity to pass effective campaign finance legislation. Politically I think not giving Trump the wall is the better strategy, which may be why such a deal will not happen.

In terms of effect I think the pros of campaign finance reform far outweigh the cons of the wall, even if the entire 5 billion end up being wasted money.

When I discussed this proposition with other people, with whom I tend to agree politically, many felt that there shouldn't be funding for the wall under any circumstance.

What are the major political barriers to a deal like this happening?

Edit: I guess the main point is that I don't see why democrats keep saying that they won't budge on funding the wall. Compared to taxes or health care or many other issues the downside of the wall is truly minuscule.

Edit: I can see now that campaign finance reform may not be in the hands of congress or the president at the moment due to the supreme court. However the question to me still remains as to why so many democrats insist on not giving up 5 billion for something in return. I think the current dynamic would give the democrats a very good bargaining position if they were to offer wall funding.

JJJ
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Jagol95
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    Rather than simply editing clarifications into the end of your answer with edit notes, you should simply edit the question to stand as if it were always the best version of itself. Anyone looking to see previous edits can just view the revision history. Relevant meta from RPG.SE (because I couldn't find a corresponding one on the politics meta or the overall SE meta): Don't signal your edits in text – V2Blast Jan 01 '19 at 19:30
  • FYI, the requested amount for the wall is not 5 billion. It's 3.7 billion, as 1.3 billion of the 5b funding is quite literally the base funding for CBP. – M28 Jan 02 '19 at 14:22
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    Try to avoid "why not?" questions on StackExchange sites. A "why not?" question supposes that the world ought to be a way, and that there needs to be a reason why the world is not that way. But that's not how the world works; rather, things do not happen by default and something needs to make a thing happen for it to happen. There are an infinity of reasons why things don't happen. Try rephrasing some questions as "why not?" questions and see what happens: why did you not eat fish for breakfast this morning? Why did you not learn French as a child? Hard to answer! – Eric Lippert Jan 02 '19 at 22:06
  • Lots of comments deleted. Please note that comments are supposed to make constructive suggestions about improving the question. They should not be used to discuss the subject matter of the question or to answer the question. – Philipp Jan 03 '19 at 18:35

13 Answers13

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The question is complex and poses potentially a multitude of possible subquestions because there are an infinite number of possible deals that Democrats could try to make.

But, in the case of campaign finance, in particular, one of the biggest issues is that the U.S. Supreme Court in the case Citizens United v. FEC, 558 U.S. 310 (2010) dramatically limited the extent to which effective campaign finance legislation can be constitutional. And, it makes little sense to reach a bargain in exchange of legislation whose effect will be illusory because it will be struck down under clear constitutional precedents.

ohwilleke
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  • Comments are not for extended discussion; this conversation has been moved to chat. – yannis Jan 03 '19 at 09:02
  • It won't (can't) be struct down if the campaign finance reform takes the form of a constitutional amendment. See https://movetoamend.org or Lessig's book all about why that's the way to go. So (strictly speaking) this answer is false. – user1521620 Jan 04 '19 at 00:03
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    For what it's worth, other than the bully pulpit, the President has nothing to with either method of amending the constitution. The normal constitutional amendment process involves only both houses of congress and the states. – Flydog57 Jan 04 '19 at 04:04
  • @MatthewElvey If something can be adopted only with a constitutional amendment then the extent to which effective campaign finance legislation can be constitutional is dramatically limited, and it is for all practical purposes impossible for a constitutional amendment to take place in the course of budget negotiations over a government shutdown, so no, the answer is not false. – ohwilleke Jan 07 '19 at 03:34
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The current POTUS is not exactly known for being a man of his word. That means Democrats cannot give Trump the Wall in exchange for a promise. They need a finalized bill, which takes a lot of time, and needs to be approved by both (majority Democrat) House and (majority Republican) Senate, which takes a lot of time and non-trivial negotiations.

Things get more complicated if we recall that the Republican majority in the Supreme Court might strike down the Democrat portion of any such deal.

It's further complicated by the fact that Democrats currently benefit from the Trump shutdown. Current public perception is that Trump shut down the government to make Democrats give him a wall, against the wishes of the electorate. While that perception lasts, Democrats win by default.

Peter
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    It's a little disingenuous to suggest only the POTUS has issues with broken promises. Anyone with long term memory should be able to remember the first amnesty that was supposed to go hand in hand with securing the border. Both parties lied then, and they both lie now. – Jack Of All Trades 234 Dec 31 '18 at 14:09
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    @JackOfAllTrades234 That's not at all what I suggested. I truthfully implied that Trump has an exceptional track record among politicians, when it comes to things such as getting caught lying (15 times a day in 2018), failing to meet his end of the bargain (refusing to pay for services he ordered and received), or running of professional large scale scam operations (Trump U). It's a little disingenuous to suggest all -or any- politicians have a similarly bad track record, without facts to back up such allegations. False equivalence. – Peter Dec 31 '18 at 17:26
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    @Peter: Not just politicians. That's been Trump's modus operandi in business since his father gave him his first few millions. Perhaps you've heard the expression "He'd rather make a crooked dime than an honest dollar"? – jamesqf Dec 31 '18 at 18:50
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    FWIW, there is also a subset of the population that would much rather have a deadlocked Congress than a Congress passing laws they wouldn't want, so while they may have any range of opinions about the President they are happy with his obstructive actions. – IllusiveBrian Dec 31 '18 at 21:14
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    Fortunately, the supreme court appointees of either persuasion don't seem prone to play partisan politics, only to interpret the laws as they are written. – pojo-guy Jan 01 '19 at 02:26
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    @Peter (15 times a day in 2018) greatly exaggerated by twisting words out of context... hard to take an opinion serious when they rely on, for all intents and purposes, Occupy Democrat numbers... Against the wishes of the electorate Trump was hired to based on campaign promises - one of which is a wall. Democrats win by default which is a problem... "Democrats" win - and America loses. – WernerCD Jan 01 '19 at 04:09
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    It's called "omnibus bill"; since there is no line-item veto you roll up the deal into a single bill that can pass. – Joshua Jan 01 '19 at 18:23
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    Reading through the comments I am surprised and worried how many Trump-sympathisers and false-equivalencers there are. Stackexchange would have been the last place I expected them. – Robert Tausig Jan 02 '19 at 14:37
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    "(majority Democrat) House " Isn't there a currently a lame duck House that is majority Republican? – Acccumulation Jan 02 '19 at 16:56
  • @Acccumulation due to lame duck status they aren't relevant in a hypothetical negotiation, unless the negotiation concludes and passes Congress before Jan 3rd - which seemed extremely implausible at the time I wrote it, and impossible now. – Peter Jan 02 '19 at 22:12
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    @RobertTausig there are quite a few smart people on StackExchange. Then there are those who seem to think a person's intelligence is directly tied to their political affiliation. – Bardicer Jan 03 '19 at 16:37
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    @WernerCD While he was elected, remember it was by a minority of the population. And currently a minority of the population wants a border wall. Saying "he should do it because he promised it" isn't great reasoning. – Zachary Dow Jan 03 '19 at 18:26
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    @zackarydow by your logic, only a minority voted against him and for the other side... And only a minority is opposed to the wall. Democrats (and Hillary) didn't get 50% of the vote, much less 50% of the entire voting pupulation. Saying "he shouldn't do it" doesn't have any better reasoning. – WernerCD Jan 03 '19 at 18:30
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    The fact that he gained seats in the senate and did better in the mid terms in congress than previous presidents - including Obama and Bill - shows be hade enough support to stick to his guns on what a large percent of the population wants. And past statements show democrats are simply voting against anything trump. – WernerCD Jan 03 '19 at 18:31
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    @WernerCD 2018 was, by coincidence of who was up for reelection, an astoundingly bad year for the Democrats in the Senate. Of 12 seats held by someone whose state was won by the opposite party in the previous election, 10 were held by Democrats and 2 were held by Republicans. Democrats went 7-3 on their own seats and 2-0 on the Republicans’—9-3 is a very good year. And in the House, their gains were the greatest since Watergate. Previous presidents also gained more House seats for their party to lose in the following midterm. – KRyan Jan 03 '19 at 19:22
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    @WernerCD Also, for the record, 15 lies a day isn’t “Occupy Democrats numbers,” it’s Washington Post numbers. And while there is a liberal bias in WaPo’s editorials—though not nearly as large as is alleged—the Fact Checker is not an editorial column. – KRyan Jan 03 '19 at 19:25
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    @KRyan Washington post is only marginally less biased than od. Fact checkers can be as biased when the interpretations get pushed in certain directions. Plenty of proof exists of bias in "fact checkers" giving conflicting reports when comparing the same statements by different sides. Or proof that fact checkers don't check everything or update info when lies are proven right (Ie trump was spied upon. He was proven right... But you could say his campaign was spied on, not him - lots of room to spin "lies" out of complicated statements) – WernerCD Jan 03 '19 at 20:11
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    @WernerCD Spygate has in no way been confirmed link 1, link2, link 3. 15 alleged lies a day is over 5,000 in a year. I'll concede it's unlikely that every one is strictly true, but to cherry-pick a few wrong ones so you discount the number as a whole is very disingenuous and misleading. – Lord Farquaad Jan 03 '19 at 20:28
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    @WernerCD Further Clinton won a plurality, and in this midterm the left won a majority in both chambers (52.5% in the house and a whopping 59.3% in the Senate). Lastly most people don't want the wall. I don't know why you insist this is a minority opinion. – Lord Farquaad Jan 03 '19 at 20:41
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    @LordFarquaad SpyGate hasn't been disproved - there is enough murk to spin it lie or truth in either direction AND it's easy to think Trump has access to information that isn't public. to cherry pick a few wrong ones while you ignore the "few wrong ones" and give the remaining ones a pass (including highly controversial ones like those surrounding SpyGate) is equally bad - and you ignore the bias claims. Clinton won a plurality but she didn't win a majority (which was a claim earlier). Most people don't want the wall but a large percentage do - and importantly - his base does. – WernerCD Jan 03 '19 at 20:50
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  • @LordFarquaad https://www.usnews.com/opinion/blogs/peter-roff/2013/05/28/study-finds-fact-checkers-biased-against-republicans (usnews left-center - fact checkers are often biased and provably so) (edit: I love how your gallop poll shows that 73% of trumps base strongly/support expanding the wall - seems like a majority of his base) – WernerCD Jan 03 '19 at 21:02
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    @JackOfAllTrades234 It's a little disingenuous to suggest the person who posted this answer was implying that only the POTUS has issues with broken promises. Get outta here with that strawman. – user91988 Jan 03 '19 at 22:19
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As someone who lives in a border state, I'd like to add that the idea of a complete border wall costing only 5 billion is, frankly, ludicrous. The wall would have to pass over very rugged terrain, including mountain ranges, and solve some fairly unique engineering problems. We'd have to build miles of roads just to get building supplies to those remote areas, again, through extremely rugged and empty terrain. There WILL be cost overruns. Not to mention the dangers of the wall to some very delicate ecological areas along the border, and the (potential for) additional migrant deaths when people try to go through more dangerous and remote areas if only a partial wall is built. 5 billion is just a drop in the bucket here, and it can be defeated by a rope - arguably the oldest technology known to man. Any wall high enough to stop someone with a rope and a grappling hook would have to be ridiculously large (again, in the middle of a remote mountain range). The G.W. Bush administration already built a fence, and in doing so they had to get special exceptions to the Endangered Species Act and the normal environmental impact process that is followed by every other federal project.

Many Democrats are aware that once construction begins on what they believe is a terribly bad idea, it will be much harder to stop the follow up payments - and they remember the problems with the Bush Administration's fence.

The force of economics is much, much more powerful than any wall the United States could ever build. The wall is nothing more than a very expensive symbol of Trump's nativism to his (non border-state) base, and I think many Democrats are offended by that on general principles - so it's unlikely they would accept their representatives compromising here.

Ella
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    "Problems unknown to engineering"? Without commenting on the broader question of whether or not any of this is a good idea, that particular objection just sounds silly. If the ancient Chinese were able to do it, over a much longer distance of much harsher terrain than the US/Mexico border using pre-industrial technology, there's no good reason why it should be an intractable problem for modern-day America. (Again, keeping my opinions on whether or not it should be built at all to myself, but if you're going to argue against it, don't make arguments that hurt your case by looking ridiculous!) – Mason Wheeler Dec 31 '18 at 20:32
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    @MasonWheeler Hmm, yeah, in retrospect that was pretty hyperbolic - I'll edit. My understanding is that in order to actually stop people it would need to be much higher, and pass through more rugged terrain than the sections of actual wall for the Great Wall of China - unless we have people actively patrolling it at all times (which I think they did for the Great Wall). I would also note that structural engineers do solve "unknown" problems fairly often in practice - my thinking is it would be more along the lines of "even more expensive." Maybe "unique engineering problems" makes more sense? – Ella Dec 31 '18 at 21:44
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    @MasonWheeler, Re "the ancient Chinese were able to do it": but it took 22 centuries to build it; an NCC infographic estimates the great wall cost approximately $360 billion. – agc Jan 01 '19 at 05:02
  • This is a legitimate point. The true cost of actually building a wall will never be known until its built. In the meantime, we can at least use the roads in remote areas to patrol the borders and stop illegal migration into the country which is a Federal level crime. ...While using some of that 5 billion to build walls where we can see the trails of people already taking advantage of no wall (or fence) and no patrol. – enorl76 Jan 01 '19 at 20:17
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    Additionally the Great Wall of China is not continuous for its full length. Parts rely on the impassablity of the local terrain. – Jontia Jan 01 '19 at 22:20
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  • Regarding overruns: A one time fixed limit budget doesn't agree to overruns. A fixed limit budget is just like it sounds.

  • Regarding Rope and Grappling Hook. It's possible for a skilled climber to use a rope and grappling hook or other climbing gear to climb walls, but realistically, look around the world at the border barriers in use, such as in Israel or the ones the US builds in Jordan or the German built fences in Saudi Arabia. They are very effective. The idea of skilled climbers scaling border walls is rare or even unheard of.

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    The Soviet Union had an Iron Curtain. That didn't work out for anyone except the people (and ideas) it was trying to stop getting in. Berlin Wall ? Saw that pulled down. Walls aren't the solution to a political problem. – StephenG - Help Ukraine Jan 01 '19 at 23:44
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    The Great Wall of China did not even aim to stop people from getting in. They knew that would never work. It was aimed to slow down robbers from taking their loot out of the country, so that soldiers/police could track down the robbers, and it was effective at that. – gerrit Jan 02 '19 at 13:35
  • I wonder about the ecological disaster. In the Korean demilitarized zone, wildlife is thriving. – gerrit Jan 02 '19 at 13:42
  • I would nix the "As someone who lives in a border state" and cite one of the numerous sources which back up the assertion that the cost of the wall is well in excess of $5B. Living on the border doesn't give you any special insights to the cost of the wall. – Dean MacGregor Jan 02 '19 at 17:31
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    @StephenG The Berlin Wall wasn't built to keep people out. It was to keep East Germans in. And it (including the sniper towers) did an excellent job. Very few people were able to get out of East Germany until the government of Hungary (which had a fairly open border with East Germany) started allowing East Germans to go through Hungary to Austria, where they could hop on a train and be in West Germany (where they were constitutionally guaranteed citizenship) in no time. Once that happened, the East German regime recognized it could no longer hold its citizens captive, and let them go. – Monty Harder Jan 02 '19 at 17:58
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    @MontyHarder I didn't say the Berlin Wall was to keep people in. The point is that it failed. Even the fact that it was keeping people in (or out - it was doing both), was itself a factor is the eventual downfall of the regime. The greater political issues ere not addressed and the wall was a failed "solution" to those problems. Trump's wall is a similar problem - it is not a solution to the underlying problems (economic and political) and instead of making the US look strong (strength being ability to address those problems), it makes it look ineffective politically and weak morally. – StephenG - Help Ukraine Jan 02 '19 at 19:33
  • No informed, sensible person is claiming that the $5B will be the complete cost of the proposed wall; the $5B is earmarked for funding a truly tiny length of it. – Eric Lippert Jan 02 '19 at 22:08
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    @agc: 22 centuries is the estimated time from the beginning of the construction of the first segment of what eventually became the Great Wall until the end of the construction of the last segment. In between, there were long stretches of time in which there was no construction taking place at all, so saying "it took 22 centuries to build it" is incredibly disingenuous. – Mason Wheeler Jan 02 '19 at 23:11
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    @agc That same infographic says that the length of the Great Wall is the same as 6 Burj Khalifas or 5600 football fields. Unless I misunderstand, both are absurd and makes one wonder about the rest of their numbers. – canadianer Jan 02 '19 at 23:55
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    @ella The great wall of china never kept anyone out, nor was it especially successful at limiting the extent to which robbers and looters could exit with their loot. What helped was the hundreds of thousands of border patrol that could traverse along the wall, and signal from signal towers. And it took more or less 2 millennia to build. – Stian Jan 03 '19 at 11:02
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    @canadianer, Interesting, those length multiples don't seem correct. Wolfram Alpha computes 25,999 Burj Khalifas or 193170 NFL football fields would be the same length as the great wall of China. (I've left a comment on the NCC website about this...) – agc Jan 04 '19 at 05:16