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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 …
Constitutional Issues In The Regulation Of The Financing Of Election Campaigns, Archibald Cox
Constitutional Issues In The Regulation Of The Financing Of Election Campaigns, Archibald Cox
Cleveland State Law Review
The decisions sustaining campaign expenditures by corporations and organized groups are libertarian in the superficial sense that they sustain claims under the first amendment. Their effect, however, is to increase the influence of organized groups, especially of groups with access to money, and to diminish the voice of the individual. If liberty means the opportunity of the individual man or woman to express himself or herself in a society in which ideas are judged principally by their merit, increasing the relative influence of organizations and shrinking the attention paid to individual voices means a net loss of human freedom.