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William & Mary Business Law Review

2016

American Politics

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Presupposing Corruption: Access, Influence, And The Future Of The Pay-To-Play Legal Framework, Allison C. Davis Feb 2016

Presupposing Corruption: Access, Influence, And The Future Of The Pay-To-Play Legal Framework, Allison C. Davis

William & Mary Business Law Review

Political spending, in all of its various permutations, lies at the nexus between campaign finance law and pay-to-play law. Both of these legal doctrines seek to minimize the corrupting effects of money upon elected officials and candidates, and both impose various caps and restrictions on political contributions in order to do so. Over the past half-century, however, the Supreme Court has struggled to define what sort of activity constitutes “corruption” in the political sphere. In light of its decisions in 2010’s Citizens United v. FEC and 2014’s McCutcheonv. FEC—two seminal cases that dramatically altered campaign finance regulation— the Court now …