Washington — Sen. John McCain says "only the most rabid opponents" of campaign finance legislation challenge the constitutionality of a ban on large, loosely regulated donations that course through the political system.
Rabid or right, both or neither, the views of the ACLU and other critics underscore the constitutional controversy that surrounds the issue on the eve of a two-week Senate debate, in addition to the legislative and political uncertainties.
"There are different cabals out there (in the Senate) for different motives and reasons," said Sen. Chuck Hagel, R-Neb. He opposes McCain's bill and is the leading spokesman for an alternative to limit soft money without banning it, and tighten certain disclosure requirements.
At the same time, McCain, R-Ariz., legislative partner Sen. Russ Feingold, D-Wis., and Hagel agree the political circumstances have changed.
Efforts in recent years to rein in campaign donations fell victim to Republican filibusters in the Senate. But the GOP lost seats last fall. One former opponent, Sen. Thad Cochran, R-Miss., has come over, and McCain and his allies claim the 60 votes needed to overcome any filibuster.
But some Democrats who supported the measure in the past knowing that Republicans would kill it appear to be having second thoughts. One, Sen. John Breaux, D-La., said recently he opposes the bill after having "read it more carefully."
Several Democratic officials say other lawmakers are concerned because their party has caught up with GOP soft money fund raising in recent years. Democrats lag far behind Republicans in smaller, regulated donations to the parties.
Separate from the limited donations that individuals may make to candidates or political parties, soft money refers to unlimited contributions by unions, corporations or individuals to the parties.
The money can be used in advertising and other activities that do not directly advocate the support or defeat of a candidate, including attack ads.
Federal figures show Republican party organizations took in $244 million in soft money during the last election cycle. Democrats raised $243 million.
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