Cite as: 558 U. S. ____ (2010)
61
Opinion of STEVENS, J.
Unlike the majority’s myopic focus on quid pro quo
scenarios and the free-floating “First Amendment princi
ples” on which it rests so much weight, ante, at 1, 48, this
broader understanding of corruption has deep roots in the
Nation’s history. “During debates on the earliest [cam
paign finance] reform acts, the terms ‘corruption’ and
‘undue influence’ were used nearly interchangeably.”
Pasquale, Reclaiming Egalitarianism in the Political
Theory of Campaign Finance Reform, 2008 U. Ill. L. Rev.
599, 601. Long before Buckley, we appreciated that “[t]o
say that Congress is without power to pass appropriate
legislation to safeguard . . . an election from the improper
use of money to influence the result is to deny to the na
tion in a vital particular the power of self protection.”
Burroughs v. United States, 290 U. S. 534, 545 (1934).
And whereas we have no evidence to support the notion
that the Framers would have wanted corporations to have
the same rights as natural persons in the electoral con
text, we have ample evidence to suggest that they would
have been appalled by the evidence of corruption that
Congress unearthed in developing BCRA and that the
Court today discounts to irrelevance. It is fair to say that
“[t]he Framers were obsessed with corruption,” Teachout
348, which they understood to encompass the dependency
of public officeholders on private interests, see id., at 373–
374; see also Randall, 548 U. S., at 280 (STEVENS, J.,
dissenting). They discussed corruption “more often in the
Constitutional Convention than factions, violence, or
instability.” Teachout 352. When they brought our consti
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receive, ibid., “free[ing] candidates and their staffs from the intermina
ble burden of fundraising,” ibid. (internal quotation marks omitted),
and “protect[ing] equal access to the political arena,” Randall v. Sorrell,
548 U. S. 230, 278 (2006) (STEVENS, J., dissenting) (internal quotation
marks omitted). I continue to adhere to these beliefs, but they have not
been briefed by the parties or amici in this case, and their soundness is
immaterial to its proper disposition.