OCTOBER TERM, 1975
Opinion of BURGER, C. J.
424 U. S.
entitled to conclude that disclosure was a "partial measure," but I had not thought until today that Congress
could enact its conclusions in the First Amendment area
into laws immune from the most searching review by this
Court.
Finally, it seems clear to me that in approving these
limitations on contributions the Court must rest upon
the proposition that "pooling" money is fundamentally
different from other forms of associational or joint activity. But see ante, at 66. I see only two possible ways
in which money differs from volunteer work, endorsements, and the like. Money can be used to buy favors,
because an unscrupulous politician can put it to personal
use; second, giving money is a less visible form of associational activity. With respect to the first problem, the
Act does not attempt to do any more than the bribery
laws to combat this sort of corruption. In fact, the Act
does not reach at all, and certainly the contribution limits do not reach, forms of "association" that can be fully
as corrupt as a contribution intended as a quid pro quosuch as the eleventh-hour endorsement by a former rival.
obtained for the promise of a federal appointment. This
underinclusiveness is not a constitutional flaw, but it
demonstrates that the contribution limits do not clearly
focus on this first distinction. To the extent Congress
thought that the second problem, the lesser visibility of
contributions, required that money be treated differently
from other forms of associational activity, disclosure laws
are the simple and wholly efficacious answer; they make
the invisible apparent.
(3)
PUBLIC FINANCING
I dissent from Part III sustaining the constitutionality
of the public financing provisions of Subtitle H.
Since the turn of this century when the idea of Govern-
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