25
Colorado Republican Fed. Campaign Comm., 533 U.S. 431,
441–42 (2001); FEC v. NRA Political Victory Fund, 513 U.S.
88, 97 (1994). See also Buckley, 424 U.S. at 38.
The infamous “footnote 48 of the McConnell opinion,”
Maj. Op. at 23 n.13, also flatly contradicts the court:
Justice KENNEDY’s contention that Buckley limits
Congress to regulating contributions to a candidate
ignores Buckley itself. There, we upheld FECA’s
$25,000 limit on aggregate yearly contributions to
candidates, political committees, and party committees
out of recognition that FECA’s $1,000 limit on
candidate contributions would be meaningless if
individuals could instead make “huge contributions to
the candidate’s political party.” Likewise, in [CalMed], we upheld FECA’s $5,000 limit on
contributions to multicandidate political committees.
It is no answer to say that such limits were justified as
a means of preventing individuals from using parties
and political committees as pass-throughs to
circumvent FECA’s $1,000 limit on individual
contributions to candidates. Given FECA’s definition
of “contribution,” the $5,000 and $25,000 limits
restricted not only the source and amount of funds
available to parties and political committees to make
candidate contributions, but also the source and
amount of funds available to engage in express
advocacy and numerous other noncoordinated
expenditures. If indeed the First Amendment
prohibited Congress from regulating contributions to
fund the latter, the otherwise-easy-to-remedy
exploitation of parties as pass-throughs (e.g., a strict
limit on donations that could be used to fund candidate