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Articles 1 - 19 of 19
Full-Text Articles in Law
The Death Of Non-Resident Contribution Limit Bans And The Birth Of The New Small, Swing State, George J. Somi
The Death Of Non-Resident Contribution Limit Bans And The Birth Of The New Small, Swing State, George J. Somi
William & Mary Bill of Rights Journal
New Hampshire’s 1st Congressional District race in 2018 featured an eye-popping number: 96.7. That figure represents the percentage of candidate Maura Sullivan’s individual contributions derived from out-of-state, non–New Hampshire donors. In August 2018, of the $1.37 million USD of individual contributions that Sullivan had raised, only 3.3%—$46,648 USD—originated from in-state contributors. Sullivan had received individual donations amounting to $497,405 USD from Boston, $216,359 USD from New York City, $101,562 USD from the Washington, D.C. metropolitan area, and $92,371 USD from San Francisco.
In nearby Maine, campaign finance reports filed on October 15, 2019, with the Federal Election Commission (FEC) indicate …
Separation Of Powers, Executive Authority, And Suspension Of Disbelief, Nat Stern
Separation Of Powers, Executive Authority, And Suspension Of Disbelief, Nat Stern
Scholarly Publications
The growth of federal executive power to a magnitude not foreseen at the Constitution's adoption has been largely enabled by favorable rulings by the Supreme Court. Though not invariably sustaining executive prerogative, the Court has rejected challenges to executive power on a scale sufficient to afford the Executive enormous latitude to carry out and shape federal policy. In assessing whether the Executive has overstepped its bounds in particular cases, scholars and Justices alike frequently debate whether a formalist or functional approach more faithfully implements the Constitution's system of separation of powers. Transcending these two schools of interpretation, however, is a …
A Symposium: The Legal And Polticial Implications Of Buckley V. Valeo (1976), Christopher P. Banks, John C. Green
A Symposium: The Legal And Polticial Implications Of Buckley V. Valeo (1976), Christopher P. Banks, John C. Green
Akron Law Review
One of the most vexing issues in constitutional jurisprudence concerns the political regulation of money and its democratic implications. The resolution of the constitutional question for democracy involves striking a balance between two competing interests: the protection of political liberty under the First Amendment and the legitimate interest government has in preventing money from having a corrosive or corrupting effect on the political system. With its landmark ruling in Buckley v. Valeo, some say that the Supreme Court successfully reconciled these interests and, in fact, strongly preserved the basic ideal of American freedom. Different commentators, however, maintain that the Supreme …
Officers Under The Appointments Clause, John Plecnik
Officers Under The Appointments Clause, John Plecnik
Law Faculty Articles and Essays
Much ink has been spilled, and many keyboards worn, debating the definition of "Officers of the United States" under the Appointments Clause of Article II, Section 2, Clause 2 of the Constitution. The distinction between Officers and employees is constitutionally and practically significant, because the former must be appointed by the President, with or without the advice and consent of the Senate, Courts of Law, or Heads of Departments. In contrast, employees may be hired by anyone in any manner.
Appointments Clause controversies are triggered when a government official who was hired as an employee is accused of unconstitutionally wielding …
Super Pac Contributions, Corruption, And The Proxy War Over Coordination, Richard L. Hasen
Super Pac Contributions, Corruption, And The Proxy War Over Coordination, Richard L. Hasen
Schmooze 'tickets'
No abstract provided.
Constitutional Law—Campaign Finance Law & The First Amendment—Can You See The Light?: Illuminating Precedent And Creating A New Tier Of Judicial Scrutiny For Campaign Finance Laws. Randall V. Sorrell, 126 S. Ct. 2479 (2006)., Christopher A. Mcnulty
University of Arkansas at Little Rock Law Review
No abstract provided.
Defining Democracy: The Supreme Court's Campaign Finance Dilemma, Lori A. Ringhand
Defining Democracy: The Supreme Court's Campaign Finance Dilemma, Lori A. Ringhand
Scholarly Works
On December 10, 2003 the United States Supreme Court issued its decision in McConnell v. FEC. In McConnell, the Court was asked to determine the constitutionality of the Bipartisan Campaign Reform Act ("BCRA"). A divided Court, in a deeply fractured decision in which six justices wrote individual opinions, upheld the major provisions of the legislation. Yet despite the almost 300 pages of reasoning provided by the Court, and a voluminous record developed by the district court, the Justices could not agree on what purportedly is the central issue in campaign finance law: whether the challenged regulations were necessary …
The Campain-Finance Crucible: Is Laissez Fair?, Jamin B. Raskin
The Campain-Finance Crucible: Is Laissez Fair?, Jamin B. Raskin
Michigan Law Review
The 2001 passage of the Bipartisan Campaign Reform Act ("BCRA"), popularly known as "McCain-Feingold," set the stage for a momentous constitutional conflict in the United States Supreme Court in the 2003-04 Term. Among other things, the new legislation bans "soft money" contributions to the national political parties by corporations, labor unions, and individuals; prohibits state parties that are authorized to accept such contributions to spend the proceeds on activities related to federal elections; forbids federal candidates to participate in raising soft money; doubles the amount of "hard money" an individual can contribute in a federal election from $1,000 to $2,000 …
Constitutional Law: State Campaign Contribution Limits: Nixon V. Shrink Missouri Government Pac: An Abridgment Of Freedom In The Name Of Democracy, Richard J. Baker
Constitutional Law: State Campaign Contribution Limits: Nixon V. Shrink Missouri Government Pac: An Abridgment Of Freedom In The Name Of Democracy, Richard J. Baker
Oklahoma Law Review
No abstract provided.
Looking Sideways, Looking Backwards, Looking Forwards: Judicial Review Vs. Democracy In Comparative Perspective, Ran Hirschl
Looking Sideways, Looking Backwards, Looking Forwards: Judicial Review Vs. Democracy In Comparative Perspective, Ran Hirschl
University of Richmond Law Review
For the [past] two centuries, the Constitution [has been] as central to American political culture as the New Testament was to medieval Europe. Just as Milton believed that "all wisdom is enfolded" within the pages of the Bible, all good Americans, from the National Rifle Association to the ACLU, have believed no less of this singular document.
Politics And The Constitution, Lewis H. Larue
A More Sensible Approach To Regulating Independent Expenditures: Defending The Constitutionality Of The Fed's New Express Advocacy Standard, Michael D. Leffel
A More Sensible Approach To Regulating Independent Expenditures: Defending The Constitutionality Of The Fed's New Express Advocacy Standard, Michael D. Leffel
Michigan Law Review
Campaign finance reformers argue that the "unholy alliance of private money and public elections" has created "a crisis of confidence in our elected officials." The now-deceased campaign reform advocate Philip M. Stem summed up the role of money in campaigns this way: "[M]oney-power has replaced people-power as the driving force in American politics and the determinant of electoral victory." One form of "money-power" in elections that received a great deal of attention in the last election cycle was "independent expenditures." Independent expenditures are funds spent by interested individuals or groups - usually in the form of television or radio advertisements …
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
Publications
No abstract provided.
Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders
Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders
Indiana Law Journal
No abstract provided.
Making Campaign Finance Law Enforceable: Closing The Independent Expenditure Loophole, John P. Relman
Making Campaign Finance Law Enforceable: Closing The Independent Expenditure Loophole, John P. Relman
University of Michigan Journal of Law Reform
This Note explores the problems posed by present attempts to define "coordination." Part I discusses generally the complexities of the coordination problem under Buckley, setting forth the rationale behind the Buckley rule and examining present efforts by Congress and the FEC to enforce the Buckley standards. Part I concludes by proposing a new definition for "coordination" designed to improve enforcement of the Buckley rule. Part II presents an alternative means for remedying the coordination problem. Rather than relying on a redefinition of coordination for proper enforcement of federal election law, this section proposes prophylactic legislation designed to regulate independent …
Criminals-Turned-Authors: Victims' Rights V. Freedom Of Speech, Barbara Freedman Wand
Criminals-Turned-Authors: Victims' Rights V. Freedom Of Speech, Barbara Freedman Wand
Indiana Law Journal
No abstract provided.
The Congressional Veto: Preserving The Constitutional Framework, Arthur S. Miller, George M. Knapp
The Congressional Veto: Preserving The Constitutional Framework, Arthur S. Miller, George M. Knapp
Indiana Law Journal
Symposium: Separation of Powers
Congressional Power Under The Appointments Clause After Buckley V. Valeo, Michigan Law Review
Congressional Power Under The Appointments Clause After Buckley V. Valeo, Michigan Law Review
Michigan Law Review
This Note examines the constitutional power of Congress to control the selection of government officers. It first discusses the article II grant itself and concludes that the Court in Buckley correctly interpreted that provision to prohibit direct appointment by Congress of officers who are found to possess "significant authority." The Note then explores possible means not explicitly foreclosed in Buckley by which Congress might influence such appointments and argues that these alternatives are restricted by the same constitutional principles that prohibit direct congressional appointments.
Buckley V. Valeo, Its Aftermath, And Its Prospects: The Constitutionality Of Government Restraints On Political Campaign Financing, Brice M. Clagett, John R. Bolton
Buckley V. Valeo, Its Aftermath, And Its Prospects: The Constitutionality Of Government Restraints On Political Campaign Financing, Brice M. Clagett, John R. Bolton
Vanderbilt Law Review
The Supreme Court's decision in Buckley v. Valeo' undoubtedly will be the forerunner of many future decisions dealing with the complex area of political campaign finance and thus will exert a profound influence on the structure of American politics. From a broader perspective, the decision significantly applies fundamental constitutional law doctrines concerning the first amendment and separation of powers. Accordingly, a clear understanding of what the Court did and did not do in Buckley is essential to any further legislative or judicial initiatives in the regulation of political activity. This article will examine the Court's holdings in Buckley, describe the …