Cite as: 558 U. S. ____ (2010)
45
Opinion of STEVENS, J.
This principle was carried forward when Congress
enacted comprehensive campaign finance reform in the
Federal Election Campaign Act of 1971 (FECA), 86 Stat. 3,
which retained the restriction on using general treasury
funds for contributions and expenditures, 2 U. S. C.
§441b(a). FECA codified the option for corporations and
unions to create PACs to finance contributions and expen
ditures forbidden to the corporation or union itself.
§441b(b).
By the time Congress passed FECA in 1971, the bar on
corporate contributions and expenditures had become such
an accepted part of federal campaign finance regulation
that when a large number of plaintiffs, including several
nonprofit corporations, challenged virtually every aspect of
the Act in Buckley, 424 U. S. 1, no one even bothered to
argue that the bar as such was unconstitutional. Buckley
famously (or infamously) distinguished direct contribu
tions from independent expenditures, id., at 58–59, but its
silence on corporations only reinforced the understanding
that corporate expenditures could be treated differently
from individual expenditures. “Since our decision in Buck
ley, Congress’ power to prohibit corporations and unions
from using funds in their treasuries to finance advertise
ments expressly advocating the election or defeat of candi
dates in federal elections has been firmly embedded in our
law.” McConnell, 540 U. S., at 203.
Thus, it was unremarkable, in a 1982 case holding that
Congress could bar nonprofit corporations from soliciting
nonmembers for PAC funds, that then-Justice Rehnquist
wrote for a unanimous Court that Congress’ “careful legis
lative adjustment of the federal electoral laws, in a cau
tious advance, step by step, to account for the particular
legal and economic attributes of corporations . . . warrants
considerable deference,” and “reflects a permissible as
——————
of Powell, J., joined by Burger, C. J.).