McConnell v. Federal Election Comm'n, 540 U.S. 93, 46 (2003)

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

Opinion of the Court

other things, "huge contributions to the candidate's political party"). This is particularly true of contributions to national parties, with which federal candidates and officeholders enjoy a special relationship and unity of interest. This close affiliation has placed national parties in a unique position, "whether they like it or not," to serve as "agents for spending on behalf of those who seek to produce obligated officeholders." Colorado II, supra, at 452; see also Shrink Missouri, supra, at 406 (Kennedy, J., dissenting) ("[Respondent] asks us to evaluate his speech claim in the context of a system which favors candidates and officeholders whose campaigns are supported by soft money, usually funneled through political parties" (emphasis added)). As discussed below, rather than resist that role, the national parties have actively embraced it.

The question for present purposes is whether large soft-money contributions to national party committees have a corrupting influence or give rise to the appearance of corruption. Both common sense and the ample record in these cases confirm Congress' belief that they do. As set forth above, supra, at 123-125, and n. 7, the FEC's allocation regime has invited widespread circumvention of FECA's limits on contributions to parties for the purpose of influencing federal elections. Under this system, corporate, union, and wealthy individual donors have been free to contribute substantial sums of soft money to the national parties, which the parties can spend for the specific purpose of influencing a particular candidate's federal election. It is not only plausible, but likely, that candidates would feel grateful for such donations and that donors would seek to exploit that gratitude.45

45 Justice Kennedy contends that the plurality's observation in Colorado I that large soft-money donations to a political party pose little threat of corruption "establish[es] that" such contributions are not corrupting. Post, at 301 (citing Colorado I, 518 U. S. 604, 616, 617-618 (1996)). The cited dictum has no bearing on the present cases. Colorado I addressed an entirely different question—namely, whether Congress could permissi-

145

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