BUCKLEY v.VALEO
Opinion of BURGER,
C. J.
payment in connection with any qualified campaign
expense of a candidate, or his authorized committees, who receives payments under section 9037.
(2) Any person who violates the provisions of
paragraph (1) shall be fined not more than $10,000,
or imprisoned not more than 5 years, or both.
(3) In addition to the penalty provided by paragraph (2), any person who accepts any kickback or
illegal payment in connection with any qualified
campaign expense of a candidate or his authorized
committees shall pay to the Secretary for deposit
in the matching payment account, an amount equal
to 125 percent of the kickback or payment received.
MR. CHIEF JUSTIcE BURGER, concurring in part and
dissenting in part.
For reasons set forth more fully later, I dissent from
those parts of the Court's holding sustaining the statutory provisions (a) for disclosure of small contributions,
(b) for limitations on contributions, and (c) for public financing of Presidential campaigns. In my view,
the Act's disclosure scheme is impermissibly broad and
violative of the First Amendment as it relates to reporting contributions in excess of $10 and $100. The
contribution limitations infringe on First Amendment
liberties and suffer from the same infirmities that the
Court correctly sees in the expenditure ceilings. The system for public financing of Presidential campaigns is, in
my judgment, an impermissible intrusion by the Government into the traditionally private political process.
More broadly, the Court's result does violence to the
intent of Congress in this comprehensive scheme of campaign finance. By dissecting the Act bit by bit, and
casting off vital parts, the Court fails to recognize that
the whole of this Act is greater than the sum of its parts.
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