OCTOBER TERM, 1975
Opinion of WHITE, J.
424 U. S.
is not plainly too low, elections are not to turn on the
difference in the amounts of money that candidates have
to spend. This seems an acceptable purpose and the
means chosen a commonsense way to achieve it. The
Court nevertheless holds that a candidate has a constitutional right to spend unlimited amounts of money,
mostly that of other people, in order to be elected. The
holding perhaps is not that federal candidates have the
constitutional right to purchase their election, but many
will so interpret the Court's conclusion in this case. I
cannot join the Court in this respect.
I also disagree with the Court's judgment that § 608
(a), which limits the amount of money that a candidate
or his family may spend on his campaign, violates the
Constitution. Although it is true that this provision
does not promote any interest in preventing the corruption of candidates, the provision does, nevertheless, serve
salutary purposes related to the integrity of federal
campaigns. By limiting the importance of personal
wealth, § 608 (a) helps to assure that only individuals
with a modicum of support from others will be viable
candidates. This in turn would tend to discourage any
notion that the outcome of elections is primarily a function of money. Similarly, § 608 (a) tends to equalize
access to the political arena, encouraging the less wealthy,
unable to bankroll their own campaigns, to run for
political office.
As with the campaign expenditure limits, Congress was
entitled to determine that personal wealth ought to play
a less important role in political campaigns than it has in
the past. Nothing in the First Amendment stands in
the way of that determination.
For these reasons I respectfully dissent from the
Court's answers to certified questions 3 (a), 3 (d), and
4 (a).
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