McConnell v. Federal Election Comm'n, 540 U.S. 93, 38 (2003)

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Cite as: 540 U. S. 93 (2003)

Opinion of the Court

of that process.' " National Right to Work, supra, at 208 (quoting Automobile Workers, 352 U. S., at 570). Because the electoral process is the very "means through which a free society democratically translates political speech into concrete governmental action," Shrink Missouri, 528 U. S., at 401 (Breyer, J., concurring), contribution limits, like other measures aimed at protecting the integrity of the process, tangibly benefit public participation in political debate. For that reason, when reviewing Congress' decision to enact contribution limits, "there is no place for a strong presumption against constitutionality, of the sort often thought to accompany the words 'strict scrutiny.' " Id., at 400 (Breyer, J., concurring). The less rigorous standard of review we have applied to contribution limits (Buckley's "closely drawn" scrutiny) shows proper deference to Congress' ability to weigh competing constitutional interests in an area in which it enjoys particular expertise. It also provides Congress with sufficient room to anticipate and respond to concerns about circumvention of regulations designed to protect the integrity of the political process.

Our application of this less rigorous degree of scrutiny has given rise to significant criticism in the past from our dissenting colleagues. See, e. g., Shrink Missouri, 528 U. S., at 405-410 (Kennedy, J., dissenting); id., at 410-420 (Thomas, J., dissenting); Colorado Republican Federal Campaign Comm. v. Federal Election Comm'n, 518 U. S. 604, 635-644 (1996) (Colorado I) (Thomas, J., dissenting). We have rejected such criticism in previous cases for the reasons identified above. We are also mindful of the fact that in its lengthy deliberations leading to the enactment of BCRA, Congress properly relied on the recognition of its authority contained in Buckley and its progeny. Considerations of stare decisis, buttressed by the respect that the Legislative and Judicial Branches owe to one another, provide additional powerful reasons for adhering to the analysis of contribution limits that the Court has consistently followed since Buckley

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