BUCKLEY v. VALEO
1
Opinion of BURGER, C. J.
of citizens-those who file tax returns-the power to
allocate general revenue for the Act's purposes-and of
course only a small percentage of that limited group has
exercised the power. There is nothing to assure that the
"fund" will actually be adequate for the Act's objectives.
Thus, I find it difficult to see a rational basis for concluding that this scheme would, in fact, attain the stated
purposes of the Act when its own funding scheme affords
no real idea of the amount of the available funding.
I agree with MR. JUSTICE REHNQUIST that the scheme
approved by the Court today invidiously discriminates
against minor parties. Assuming, arguendo, the constitutionality of the overall scheme, there is a legitimate
governmental interest in requiring a group to make a
"preliminary showing of a significant modicum of support." Jenness v. Fortson, 403 U. S. 431, 442 (1971).
But the present system could preclude or severely hamper
access to funds before a given election by a group or an
individual who might, at the time of the election, reflect
the views of a major segment or even a majority of the
electorate. The fact that there have been few drastic
realignments in our basic two-party structure in 200
years is no constitutional justification for freezing the
status quo of the present major parties at the expense
of such future political movements. Cf. discussion,
ante, at 73. When and if some minority party achieves
majority status, Congress can readily deal with any problems that arise. In short, I see grave risks in legislation,
enacted by incumbents of the major political parties,
which distinctly disadvantages minor parties or independent candidates. This Court has, until today, been particularly cautious when dealing with enactments that
tend to perpetuate those who control legislative power.
See Reynolds v. Sims, 377 U. S. 533, 570 (1964).
I would also find unconstitutional the system of
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents