Campaign Contributions
Year: 2024
Type: book-chapter
Abstract: This chapter provides an overview of the law of campaign contributions (i.e., political donations) with a focus on inequality, constitutional interpretation, and systemic corruption. From the latter part of the nineteenth century to the present era, the political access and influence obtained through private financial contributions have been a focal point of scandals, legislative reforms, and philosophical debates over the rightful operation of the American form of government. From 1976 to the present day, the Supreme Court has often had the last word on these reforms and debates. During this same period of time, economic inequality and the cost of elections have both risen to the highest levels found in any advanced democracy. Evidence of political inequality on the basis of wealth has also mounted during this period, leading to allegations of “oligarchy” and “plutocracy” by mainstream commentators. These concerns have increased sharply in the Roberts Court era (2005 – the present), as the Court’s new conservative majority has repeatedly struck down campaign finance laws by applying an increasingly militant free-market theory of the Constitution. This chapter analyzes the importance of the law of contributions through the interdisciplinary lens of economic inequality, political inequality, democratic integrity, and judicial ideology. It finds that political inequality on the basis of wealth has been legitimized and entrenched by the highest court in the land, and that constitutional reforms would be required to maintain sensible regulations on contributions.
Source: Oxford University Press eBooks
Author: Timothy K. Kuhner
Institution: University of Auckland
Language: English
Topic: Law, Rights, and Freedoms
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2909343075