APPENDIX A
EXCERPT FROM McCONNELL v. FEDERAL
ELECTION COMMISSION
In 2003, the Supreme Court presented a concise history of
the federal campaign financing laws contained in the Federal
Election Campaign Act of 1971, as amended, 2 U.S.C. §§ 431-455
(FECA). It did so in the context of upholding the constitutionality
of the vast majority of restrictions that were added to these laws in
2002 by the Bipartisan Campaign Reform Act (BCRA) to close
large gaps in statutory coverage that had emerged over the past three
decades since FECA’s original enactment. McConnell v. Fed.
Election Comm’n, 540 U.S. 93 (2003). Set forth below are
pertinent excerpts from the Supreme Court’s discussion of our
country’s regulation of campaign financing and the events that
led up to enactment of BCRA in 2002. Id. at 115-132. 72
* * *
More than a century ago the “sober-minded Elihu
Root” advocated legislation that would prohibit political
contri- butions by corporations in order to prevent “‘the
great aggregations of wealth, from using their corporate
funds, directly or indirectly,’” to elect legislators who would
“‘vote for their
protection and the advancement of
their interests as against those of the public.’” United States
v. Automobile Workers, 352 U.S. 567, 571 (1957) (quoting
E. Root, Addresses on Government and Citizenship 143 (R.
Bacon & J. Scott eds.1916))....
The text presented here has been edited for conciseness. For example, all
footnotes have been omitted, as have other court citations, extended recitations of legislative
citations, and quotations from lower court decisions that have little direct bearing on the
Court’s ultimate rulings on the legal and constitutional issues involved. Interested readers
may wish to consult the full decision for the entire content of the Court’s discussion.
72
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