communications that expressly advocate the election or
defeat of a clearly identified candidate.” Id., at 80.
Our opinion in Buckley addressed issues that
primarily related to contributions and expenditures by
individuals, since none of the parties challenged the
prohibition on contributions by corporations and labor unions.
We noted, however, that the statute authorized the use of
corporate and union resources to form and administer
segregated funds that could be used for political purposes.
Id., at 28-29, n.31; see also n.3, supra.
Three important developments in the years after our
decision in Buckley persuaded Congress that further
legislation was necessary to regulate the role that
corporations, unions, and wealthy contributors play in the
electoral process. As a preface to our discussion of the
specific provisions of BCRA, we comment briefly on the
increased importance of “soft money,” the proliferation of
“issue ads,” and the disturbing findings of a Senate
investigation into campaign practices related to the 1996
federal elections.
Soft Money
Under FECA, “contributions” must be made with
funds that are subject to the Act’s disclosure requirements
and source and amount limitations. Such funds are known as
“federal” or “hard” money. FECA defines the term
“contribution,” however, to include only the gift or advance
of anything of value “made by any person for the purpose of
influencing any election for Federal office.” 2 U.S.C. §
431(8)(A)(i) (emphasis added). Donations made solely for the
purpose of influencing state or local elections are therefore
unaffected by FECA’s requirements and prohibitions. As
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