McCutcheon Calls for a National Referendum on Campaign Finance (Literally)

by - October 28, 2014

In McCutcheon v. FEC, the Supreme Court tightened First Amendment limits on Congress’s authority to regulate campaign financing. McCutcheon ostensibly left in place the old regime that allows campaign-finance regulation so long as it strikes at quid pro quo corruption or its appearance. But two recurring themes in the McCutcheon opinion indicate that this standard will from hereon be more difficult to meet. One is that campaign-finance laws prevent individuals from participating meaningfully in democratic change. The second is that Congress cannot be trusted to pass campaign-finance laws because such laws are tainted by self-interest.

Source: McCutcheon Calls for a National Referendum on Campaign Finance (Literally) by Andrew Tutt :: SSRN

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