(3) Exception. As Mr. Justice MARSHALL points out, infra, at 287, by the Court's logic these provisions could as easily be treated as limits on contributions, since they limit what the candidate can give to his own campaign. The Commission itself was named as a defendant.
Every person (other than a political committee or candidate) who makes contributions or expenditures, other than by contribution to a political committee or candidate, in an aggregate amount in excess of $100 within a calendar year shall file with the Commission a statement containing the information required by this section. As Burroughs indicates, the corrupt use of money by candidates is as much to be feared as the corrosive influence of large contributions.
. Yet, a ceiling on the size of contributions would affect only indirectly the costs of political campaigns by making it relatively more difficult for candidates to raise large amounts of money.
I would leave this issue to the District Court to resolve if and when any challenges are brought.In the past two decades the Court has frequently spoken of the broad coverage of the "(T)o assure unfettered interchange of ideas for the bringing about of political and social changes desired by the people," Roth v. United States, "(T)here is practically universal agreement that a major purpose of (the First) Amendment was to protect the free discussion of governmental affairs . (2) Minor parties. These fundamental rules were to extend to those bureau and department officers with power to issue regulations and to discharge duties of a quasi-judicial nature those members of "executive tribunals whose decisions after hearing affect interests of individuals."
To illustrate the extent to which the FEC's regulations implicate the provisions of Title 18, appellants point to the FEC's interim guidelines for the New Hampshire and Tennessee special elections, The FEC itself cannot fashion coercive relief by, for example, issuing cease-and-desist orders. The States have also been held to have important interests in limiting places on the ballot to those candidates who demonstrate substantial popular support. Except as provided by paragraph (3), the national committee of a minor party may not make expenditures with respect to a presidential nominating convention which, in the aggregate, exceed the amount of the entitlement of the national committee of a major party under subsection (b)(1). § 432(f).Every individual or group, other than a political committee or candidate, who makes "contributions" or "expenditures" of over $100 in a calendar year "other than by contribution to a political committee or candidate" is required to file a statement with the Commission. Justice REHNQUIST, concurring in part and dissenting in part.I concur in Parts I, II, and IV of the Court's opinion. * It is accepted that Congress has power under the Constitution to regulate the election of federal officers, including the President and the Vice President. If, however, the candidate did not have access to or control over such funds at the time he became a candidate, the immediate family member would not be permitted to grant access or control to the candidate in amounts up to $35,000, if the immediate family member intends that such amounts are to be used in the campaign of the candidate. Assuming, arguendo, the constitutionality of the overall scheme, there is a legitimate governmental interest in requiring a group to make a "preliminary showing of a significant modicum of support." I would take the word of those who know that limiting independent expenditures is essential to prevent transparent and widespread evasion of the contribution limits.In sustaining the contribution limits, the Court recognizes the importance of avoiding public misapprehension about a candi date's reliance on large contributions. The major contribution and expenditure limitations in the Act prohibit individuals from contributing more than $25,000 in a single year or more than $1,000 to any single candidate for an election campaignThe constitutional power of Congress to regulate federal elections is well established and is not questioned by any of the parties in this case.The Act's contribution and expenditure limitations operate in an area of the most fundamental It is with these principles in mind that we consider the primary contentions of the parties with respect to the Act's limitations upon the giving and spending of money in political campaigns. In the case of any rule or regulation proposed to deal with reports or statements required to be filed under this subchapter by a candidate for the office of President of the United States, and by political committees supporting such a candidate both the Senate and the House of Representatives shall have the power to disapprove such proposed rule or regulation. No. See S.Rep.No.93-689, p. 10 (1974). It would be considerably different if Congress itself purported to adopt and propound regulations by the action of both Houses. It shall be unlawful for the national committee of a major party or minor party knowingly and willfully to give or accept any kickback or any illegal payment in connection with any expense incurred by such committee with respect to a presidential nominating convention. Id., at 487. 109-143.Ralph K. Winter, Jr., New Haven, Conn., pro hac vice, by special leave of Court, Joel M. Gora, New York City, Brice M. Clagett, Washington, D.C., for appellants.Daniel M. Friedman, Washington, D.C., Archibald Cox, Cambridge, Mass., Lloyd N. Cutler, Washington, D.C., Ralph S. Spritzer, Philadelphia, Pa., for appellees.These appeals present constitutional challenges to the key provisions of the Federal Election Campaign Act of 1971 (Act), and related provisions of the Internal Revenue Code of 1954, all as amended in 1974.The Court of Appeals, in sustaining the legislation in large part against various constitutional challenges,This suit was originally filed by appellants in the United States District Court for the District of Columbia. The FEC is given express power to administer, obtain compliance with, and "to formulate general policy"It is apparent that the FEC is charged with the enforcement of the election laws in major respects.
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