Constitutionality Of Campaign Finance Regulation: Buckley V. Valeo And Its Supreme Court Progeny (Rl30669). PDF Download
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Author: L. Paige Whitaker
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: L. Paige Whitaker
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Author: L. Paige Whitaker
Publisher:
ISBN:
Category : Campaign funds
Languages : en
Pages : 34
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Book Description
Author: L. Paige Whitaker
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
This Report first discusses the critical holdings enunciated by the Supreme Court in Buckley, including those: upholding reasonable contribution limits, striking down expenditure limits, upholding disclosure reporting requirements, and upholding the system of voluntary presidential election expenditure limitations linked with public financing. It then examines the Court’s extension of Buckley in fourteen subsequent cases, evaluating them in three regulatory contexts: contribution limits (California Medical Association v. FEC; Citizens Against Rent Control v. Berkeley; Nixon v. Shrink Missouri Government PAC), expenditure limits (First National Bank of Boston v. Bellotti; FEC v. Massachusetts Citizens for Life; Austin v. Michigan Chamber of Commerce; FEC v. National Right to Work; Colorado Republican Federal Campaign Committee v. FEC; FEC v. Democratic Senatorial Campaign Committee; FEC v. National Conservative Political Action Committee), and disclosure requirements (Buckley v. American Constitutional Law Foundation; Brown v. Socialist Workers ‘74 Campaign Committee; FEC v. Akins; McIntrye v. Ohio Elections Commission).
Author: Burt Neuborne
Publisher:
ISBN:
Category : Campaign funds
Languages : en
Pages : 0
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Book Description
Discussion about reform of the campaign finance process begins, and often ends, with the Supreme Courtâ€TMs landmark decision in Buckley v. Valeo, 424 U.S. 1 (1976). Since, reasoned the Buckley Court, most campaign speech requires the spending of money, any attempt to limit campaign spending must be analyzed, for constitutional purposes, as if it were an effort to limit political speech itself.
Author: Daron R. Shaw
Publisher: Oxford University Press, USA
ISBN: 0197548415
Category : Law
Languages : en
Pages : 201
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Book Description
"The sanctity of political speech is a key element of the U.S. Constitution and a cornerstone of the American republic. When the Supreme Court linked political speech to campaign finance in its landmark Buckley v. Valeo (1976) decision, the modern era of campaign finance regulation was born. In practical terms, this decision meant that in order to pass constitutional muster, any laws limiting money in politics must be narrowly-tailored and serve a compelling state interest. The lone state interest the Court was willing to entertain was the mitigation of corruption. In order to reach this argument the Court advanced a sophisticated behavioral model, one with key assumptions about how laws will affect voters' opinions and behavior. These assumptions have received surprisingly little attention in the literature. This book takes up the task of identifying and analyzing empirically the Court's presumed links between campaign finance regulations and political opinions and behavior. In so doing, we rely on original survey data and experiments from 2009-2016 to openly confront the question of what happens when the Supreme Court is wrong, and when the foundation of over 40 years of jurisprudence is simply not true"--
Author: Burt Neuborne
Publisher:
ISBN:
Category : Campaign funds
Languages : en
Pages : 21
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Author:
Publisher: DIANE Publishing
ISBN: 1437944507
Category :
Languages : en
Pages : 25
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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The Court found that the burden imposed on expenditures of personal funds is not justified by the compelling governmental interest of lessening corruption or the appearance of corruption and, therefore, held that the law is unconstitutional in violation of the First Amendment. [...] In 2006, after the Federal Election Commission (FEC) informed Davis that it had reason to believe that he had violated BCRA's disclosure requirements for self-financing candidates by failing to report personal expenditures during the 2004 election cycle, Davis filed suit in the U. S. District Court for the District of Columbia seeking declaration that the Millionaire's Amendment was unconstitution [...] Supreme Court Ruling Reversing the three-judge district court decision, in a 5-to-4 vote, the Supreme Court in FEC v. Davis7 invalidated the Millionaire's Amendment as lacking a compelling governmental interest in violation of the First Amendment. [...] In fact, the Court concluded that if a candidate vigorously exercises the right to use personal funds, it creates a fundraising advantage for his or her opponents.15 In its 1976 landmark decision Buckley v. Valeo,16 the Supreme Court upheld a provision of the Federal Election Campaign Act (FECA) providing presidential candidates with the option to receive public funds on the condition that they co [...] Responding to the FEC's argument that the statute's "asymmetrical limits" are justified because they level the playing field for candidates of differing personal wealth, the Court pointed out that its jurisprudence offers no support for the proposition that this rationale constitutes a compelling governmental interest.
Author: L. Paige Whitaker
Publisher: DIANE Publishing
ISBN: 1437930328
Category : Law
Languages : en
Pages : 31
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Book Description
This is a print on demand edition of a hard to find publication. In ¿Citizens United v. FEC,¿ (CU) the Supreme Court struck down the long-standing prohibition on corp. using their general treasury funds to make independent expend., and prohibiting corp. from using their funds for ¿electioneering commun.¿ Contents of this report: (1) Impact of CU on Current Fed. Campaign Finance Law; Legislation and Proposals in Response to CU; (2) Increased Disclaimer Requirements; (3) Disclosure of Donors to § 501(c) Org.; (4) Shareholder Notification and Approval; (5) Restrictions on Foreign-Owned Corp.; (6) Conditioning Gov¿t. Contracts or Grants on Forgoing Right to Political Speech; (7) Taxation of Corp. Campaign-Related Expenditures; (8) Public Financing for Congressional Campaigns; (9) Constitutional Amendment.
Author: Heath Brown
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 196
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Book Description
Pay-to-Play Politics examines money and politics from different angles to understand a central paradox of American democracy: why, when the public and politicians decry money as the worst aspect of American politics, are there so few signs of change? Everyone from Hillary Clinton to Bernie Sanders to Ted Cruz complains about the corrupting role of money and politics, but money is the lifeblood of their political survival. The public, too, deplores big money politics, despite regularly reelecting the richest candidates for office. The purpose of this book is to reconcile how—against many people's wishes—the connection between money and politics has come to define American democracy. Examining the issue from the perspective of the public, the courts, big business, Congress, and the presidency, Heath Brown argues that money can often be harmful to the political process, but not always in ways we expect or in ways we can directly observe. More money does not necessarily guarantee electoral, legislative, or executive victories, but money does greatly change political access, opportunity, and trust. Without a nuanced understanding of the nature of the problem, future reforms will be misguided and fruitless. Pay-to-Play Politics concludes by making concrete recommendations for reform, including feasible ways to reach bipartisan consensus.
