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The Donor Class: Campaign Finance, Democracy, And Participation, Spencer A. Overton
The Donor Class: Campaign Finance, Democracy, And Participation, Spencer A. Overton
GW Law Faculty Publications & Other Works
This Article uses the U.S. Supreme Court's recent opinion in McConnell v. FEC to argue that the law should play a central role in reducing the impact of disparities in wealth on political participation. In upholding large parts of the Bipartisan Campaign Reform Act, the Court in McConnell acknowledged the adverse impact of concentrated wealth on widespread democratic participation and self-government. Even in the aftermath of the reforms upheld in McConnell, however, a small, wealthy and homogenous donor class continues to make relatively large contributions that fund the bulk of American politics. Less than one percent of the U.S. population …
Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer A. Overton
Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer A. Overton
GW Law Faculty Publications & Other Works
The First Amendment doctrine governing campaign finance law allows judicial outcomes to turn on often unstated political assumptions about the appropriate role of money in campaigns. As illustrated by the conflicting opinions of different U.S. Supreme Court Justices in McConnell v. FEC, current narrow tailoring and substantial overbreadth tests provide inadequate guidance and compel judges to rely on their own political assumptions in balancing the need for regulation against the right of free speech. Judges skeptical of campaign reform err on the side of protecting speech, while judges supportive of reform lean toward tolerating regulations said to prevent corruption. To …