OCTOBER TERM, 1975
Opinion of BURGER, C. J.
424 U. S.
challenge the broad proposition that the General Welfare
Clause is a grant, not a limitation, of power. M'Culloch
v. Maryland, 4 Wheat. 316, 420 (1819) ; United States v.
Butler, 297 U. S. 1, 66 (1936).
I would, however, fault the Court for not adequately
analyzing and meeting head on the issue whether public financial assistance to the private political activity of
individual citizens and parties is a legitimate expenditure
of public funds. The public monies at issue here are not
being employed simply to police the integrity of the electoral process or to provide a forum for the use of all participants in the political dialogue, as would, for example,
be the case if free broadcast time were granted. Rather,
we are confronted with the Government's actual financing, out of general revenues, a segment of the political
debate itself. As Senator Howard Baker remarked during the debate on this legislation:
"I think there is something politically incestuous
about the Government financing and, I believe, inevitably then regulating, the day-to-day procedures
by which the Government is selected ....
"I think it is extraordinarily important that the
Government not control the machinery by which the
public expresses the range of its desires, demands,
and dissent." 120 Cong. Rec. 8202 (1974).
If this "incest" affected only the issue of the wisdom of
the plan, it would be none of the concern of judges. But,
in my view, the inappropriateness of subsidizing, from
general revenues, the actual political dialogue of the
people-the process which begets the Government itselfis as basic to our national tradition as the separation of
church and state also deriving from the First Amendment, see Lemon v. Kurtzman, 403 U. S.602, 612 (1971) ;
Walz v. Tax Comm'n, 397 U. S. 664, 668-669 (1970),
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