BUCKLEY v.VALEO
1
Per Curiam
eralization drawn by the appellants, the practical impact
of the contribution ceilings in any given election will
clearly depend upon the amounts in excess of the ceilings
that, for various reasons, the candidates in that election
would otherwise have received and the utility of these
additional amounts to the candidates. To be sure, the
limitations may have a significant effect on particular
challengers or incumbents, but the record provides no
basis for predicting that such adventitious factors will invariably and invidiously benefit incumbents as a class.3"
Since the danger of corruption and the appearance of
corruption apply with equal force to challengers and to
incumbents, Congress had ample justification for imposing the same fundraising constraints upon both.
The charge of discrimination against minor-party and
independent candidates is more troubling, but the record
provides no basis for concluding that the Act
invidiously disadvantages such candidates. As noted
above, the Act on its face treats all candidates equally
with regard to contribution limitations. And the restriction would appear to benefit minor-party and independent candidates relative to their major-party opponents because major-party candidates receive far more
money in large contributions."
Although there is some
3SAppellants contend that the Act discriminates against challengers, because, while it limits contributions to all candidates, the
Government makes available other material resources to incumbents.
See n. 33, supra. Yet, taking cognizance of the advantages and disadvantages of incumbency, there is little indication that the $1,000
contribution ceiling will consistently harm the prospects of challengers relative to incumbents.
39 Between September 1, 1973, and December 31, 1974, majorparty candidates for the House and Senate raised over $3,725,000
in contributions over and above $1,000 compared to $55,000 raised
by minor-party candidates in amounts exceeding the $1,000 contribution limit.
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