McConnell v. Federal Election Comm'n, 540 U.S. 93, 193 (2003)

Page:   Index   Previous  186  187  188  189  190  191  192  193  194  195  196  197  198  199  200  Next

292

McCONNELL v. FEDERAL ELECTION COMM'N

Opinion of Kennedy, J.

unless it was shown to advance the anticorruption interest. In these consolidated cases, unless Buckley is to be repudiated, we must conclude that the regulations further that interest before considering whether they are closely drawn or narrowly tailored. If the interest is not advanced, the regulations cannot comport with the Constitution, quite apart from the standard of review.

Buckley made clear, by its express language and its context, that the corruption interest only justifies regulating candidates' and officeholders' receipt of what we can call the "quids" in the quid pro quo formulation. The Court rested its decision on the principle that campaign finance regulation that restricts speech without requiring proof of particular corrupt action withstands constitutional challenge only if it regulates conduct posing a demonstrable quid pro quo danger:

"To the extent that large contributions are given to secure a political quid pro quo from current and potential office holders, the integrity of our system of representative democracy is undermined." Id., at 26-27.

See also id., at 45 ("[A]ssuming, arguendo, that large independent expenditures pose the same dangers of actual or apparent quid pro quo arrangements as do large contributions . . ."). That Buckley rested its decision on this quid pro quo standard is not a novel observation. We have held this was the case:

"The exception [of contribution limits being justified under the First Amendment] relates to the perception of undue influence of large contributions to a candidate: 'To the extent that large contributions are given to secure a political quid pro quo from current and potential office holders, the integrity of our system of representative democracy is undermined.' " Citizens Against Rent Control/Coalition for Fair Housing v. Berkeley,

Page:   Index   Previous  186  187  188  189  190  191  192  193  194  195  196  197  198  199  200  Next

Last modified: October 4, 2007