LAWS and SCOTUS DECISIONS RE MONEY IN POLITICS
YEAR/LAW
SUMMARY OF LAW
SCOTUS COURT DECISIONS
1907-1925
various laws
Bans contributions from national banks and
corporations; requires post-election
disclosure by party committees; mandates
disclosure for House and Senate campaigns,
and caps the amount they can spend; requires
quarterly disclosure reports by all multicandidate political committees; raises
spending limits.
1976 Buckley v. Valeo. Upholds
disclosure, contribution limits.
1978 First National Bank v.
Bellotti Overturns prohibitions
on corporate expenditures in
issue elections on First
Amendment grounds.
1939-1940 Hatch
Act
Prohibits political activity by civil service
employees; caps individual contributions to
federal candidates and national parties at
$5,000 per year.
1976 Buckley v. Valeo.
Upholds contribution limits.
1947 Taft-Hartley Prohibits contributions by labor unions from
Act
their general treasuries; prohibits direct
expenditures for primary or general election
candidates by corporations and unions.
1976 Buckley v. Valeo.
Upholds contribution limits.
Strikes down expenditure limits
on First Amendment grounds.
1971 FECA Restricts campaign expenditures on media;
Federal Elections limits campaign self-funding; requires strict
Campaign Act
disclosure of financial activity.
1976 Buckley v. Valeo. Upholds
disclosure. Strikes down
expenditure limits.
1974 FECA
Amendments
1976 Buckley v. Valeo. Upholds
disclosure, contribution limits.
Declares FEC appointment
method is flawed - it quickly is
changed.
1978 Austin v. Michigan Chamber
of Commerce, Upholds restriction
on corporate support/ opposition
of candidates - “corporate wealth
can unduly influence elections”.
2010 Citizens United, upholds
disclosure!!!
(following Watergate scandals) Limits
campaign contributions by individuals,
parties, and political committees; imposes
spending limits on presidential and
congressional campaigns; strengthens
disclosure; creates the Federal Election
Commission. Creates opt-in public financing
for Presidential campaigns.
2001 Bipartisan Bans soft money in campaign financing; bans
Campaign Report sham issue ads; bans corporations and unions
Act (BCRA)
from using general funds for electioneering
within 30 days of a primary election and 60
days of general election; raises contribution
limits for those running against wealthy selffunded candidates.
*decision against campaign finance regulation
*significant US events
2003 McConnell vs. FEC,
Upholds much of BRCA,
including that government has a
legitimate interest in preventing
corruption or its appearance;
upholds limits and regulation of
electioneering communications.
LAWS and SCOTUS DECISIONS RE MONEY IN POLITICS
Subsequent decisions and events
that oppose regulation:
2005 John Roberts appointed to
Supreme Court; Samuel Alito
appointed in 2006.
2010 Citizens United v. SEC
Upholds disclosure in elections.
Affirms rights of all forms of corporations and labor unions
to spend unlimited money independently in elections (ban on
direct corporate contributions to candidates remains.) Overturns
limits on issue ads in BCRA.
2014 McCutcheon v. FEC
Overturns federal aggregate limits on campaign
contributions to candidates, political parties, and political
committees.
Various courts
Based on Citizens United decision, decisions change PAC
regulation, and create the legal framework for Super PAC
and Hybrid PAC.
*decision against campaign finance regulation
*significant US events