McConnell v. Federal Election Comm'n, 540 U.S. 93, 56 (2003)

Page:   Index   Previous  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  Next

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

Opinion of the Court

made all large soft-money contributions to national parties suspect.

As one expert noted, " '[t]here is no meaningful separation between the national party committees and the public officials who control them.' " 251 F. Supp. 2d, at 468-469 (Kollar-Kotelly, J.) (quoting Mann Expert Report 29). The national committees of the two major parties are both run by, and largely composed of, federal officeholders and candidates. Indeed, of the six national committees of the two major parties, four are composed entirely of federal officeholders. Ibid. The nexus between national parties and federal officeholders prompted one of Title I's framers to conclude:

"Because the national parties operate at the national level, and are inextricably intertwined with federal officeholders and candidates, who raise the money for the national party committees, there is a close connection between the funding of the national parties and the corrupting dangers of soft money on the federal political process. The only effective way to address this [soft-money] problem of corruption is to ban entirely all raising and spending of soft money by the national parties." 148 Cong. Rec. H409 (Feb. 13, 2002) (statement of Rep. Shays).

Given this close connection and alignment of interests, large soft-money contributions to national parties are likely to create actual or apparent indebtedness on the part of federal officeholders, regardless of how those funds are ultimately used.

This close affiliation has also placed national parties in a position to sell access to federal officeholders in exchange for soft-money contributions that the party can then use for its own purposes. Access to federal officeholders is the most valuable favor the national party committees are able to give in exchange for large donations. The fact that officeholders comply by donating their valuable time indicates either that

155

Page:   Index   Previous  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  Next

Last modified: October 4, 2007