A Synopsis of the Supreme Court's decision in Davis v. Federal Election Commission, 554 U.S. 724 (2008)
Keywords:
Davis v. Federal Election Commission; Campaign Finance; First Amendment; Political Speech; Candidate Self-FinancingAbstract
The article looks at the Supreme Court's ruling in Davis v. Federal Election Commission, 554 U.S. 724 (2008), with regard to the constitutionality of the "Millionaires' Amendment" to the Bipartisan Campaign Reform Act of 2002. The Court determined that the provision placed an unconstitutional burden on the First Amendment rights of candidates who financed their campaigns out of substantial personal funds. The paper then examines the Court's use of Buckley v. Valeo, its rejection of the idea that financial equality among candidates constitutes a sufficient governmental interest, and the wider implications of the decision for the regulation of campaign finance. It concludes that the Davis decision enhanced the constitutional protection of political speech and candidate self-financing while at the same time restricting Congress's power to regulate campaign finance in order to equalize electoral resources.
References
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14. U.S. Const. amend. I.
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