The Constitution and Campaign Finance Regulation after Buckley v. Valeo

Author(s):  
Albert J. Rosenthal

In a decision virtually unprecedented in scope, the Supreme Court, in Buckley v. Valeo, decided January 30, 1976, has ruled on a wide range of constitutional questions generated by federal campaign finance reform legis lation. In brief, limitations on contributions, reporting and disclosure requirements, and public financing of campaigns have been upheld as at least constitutional on their face, although the door is still open to attacks based on specific evidentiary showings of unconstitutional effects in particular situations. Limitations on expenditures—independently made on behalf of candidates, by candidates themselves out of their own funds, or in the course of the candidates' campaigns—have all been held unconstitutional, as infring ing upon rights under the First Amendment. The choices available for future legislative action, both federal and state, are henceforth likely to be limited in the light of the con straints to be found in the holdings and implications of this case.

2005 ◽  
Vol 67 (2) ◽  
Author(s):  
Ryan P. Chase

President George W. Bush signed the Bipartisan Campaign Finance Reform Act of 2002 (“BCRA”) into law on March 27, 2002, and when it became law on November 6, 2002, BCRA marked the first significant revision of the federal laws controlling the financing of campaigns for federal office since the Federal Election Campaign Act of 1971 (“FECA”). Title I of BCRA banned national parties and officeholders from raising and spending “soft money.” Soft money can be defined simply as contributions that are not subject to FECA’s contribution regulations while “hard money” refers to contributions that do fall under FECA’s domain. FECA established a series of mandatory limits on contributions to candidates and mandatory ceilings on expenditures. Senator John McCain (R-AZ), one of the bill’s co-sponsors who has fought for significant campaign finance reform for more than half a decade, hoped the law would “restore the public’s faith in government.” President Bush hailed BCRA by stating that “[a]ll of the American electorate will benefit from these measures to strengthen our democracy.”


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