by Gene R. Nichol, Boyd Tinsley Distinguished Professor of Law and Director of the Center on Poverty, Work & Opportunity, UNC School of Law. This post is part of our 2013 Constitution Day symposium.
In October, the Roberts Court will hear yet another case designed to allow it to work its unfettered magic on American campaign finance. McCutcheon v. Federal Election Commission will consider whether to unleash billions more dollars into the political system. As Ron White would put it, “now there’s some good news.”
McCutcheon asks, specifically, whether the almost forty-year-old aggregate limit on the amount any contributor can give directly to federal candidates and parties – now set at $123,200 – must fall. In what will likely be the Court’s most fateful campaign reform decision since Citizens United, there’s little doubt the cap will go. Who could possibly endure a political system that limits a person’s direct contributions to a measly one-eighth of a million dollars per cycle?
Having already laid waste to expenditure limitations in Citizens United, McCutcheon will, for the first time, invalidate a federal campaign contribution limit. It won’t be the last.
Charles Fried, Ronald Reagan’s Solicitor General, has written that the McCutcheon case is “a not very thinly disguised first step to try to get an absolute, anything goes, no limits, regime on campaign contributions.” One could quibble, perhaps, with “first step’ moniker. But you get the point.
It’s hard to believe, to be candid, that the uber-rich have a lot more they want to say politically. But apparently there is a good deal more they seek to buy. And on this potent and democracy-debilitating mission, John Roberts and The Four are just their huckleberry.
One might think the purveyors of cash register politics would be satisfied with a system that allows private equity titans to pay half the income tax rate of fire fighters; gives massive subsidies to corporate farms as it slashes food stamps; and bails out Wall Street while it increases the payroll tax; but not so. More is, after all, better. And all is, apparently, best.