In each section, we'll cover:
What can be done by legislation?
What can only be done by amendment?
We can create any campaign funding systems we want by legislation. But they won't be safe. The only way to keep any campaign funding system safe is to set untouchable boundaries.
Only the Constitution is that secure.
Why this amendment?
It was designed to keep power in the peoples' hands.
Just as the most important clause in the Constitution is the first one,
the most important clause in the amendment is the first one.
“The people of the United States
will ordain and establish
United States government
under this Constitution,”
means that nothing can come between the people and the Constitution
when we are ordaining and establishing our government.
It establishes the fundamental policy for this aspect of law and government.
Only the Constitution can set national policy that governs legislation and rulings.
And only national policy can restrain United States action or the conduct of its officers.
Immediately below it in importance is Section 5's Direction clause.
Amendment XXVIII, (proposed), Section 5:
“The United States will fund the direction of exercise of its offices."
The Direction clause tells us in general how this policy will apply.
It states that only the people have the authority to direct United States officers’ work.
This guides courts in corruption cases and guides Congress, the President & the states
in setting laws & internal policies.
The other clauses in Sections 1 and 5 apply this to politics.
Campaigning surrounds elections, appointments and the passage of Acts.
Lobbying isn't internal to government but affects it.
Section 2 applies it to electoral process and voting.
Section 3 applies it to representation.