Editorials: Buckley v. Valeo at 40 | Paul H. Jossey/The Hill
Poll Americans on the leading Supreme Court cases of the past 100 years and Buckley v. Valeo, which turns 40 this month, won’t likely place alongside Brown v. Board of Education, Roe v. Wade, or even Citizens United v. FEC. But it should. Buckley, which considered the constitutionality of the Federal Election Campaign Act of 1974, has immeasurably impacted how we choose our leaders and discuss public affairs. Most importantly it created the “Buckley distinction,” which protected political expenditures and contributions differently. This court-created split reverberates beyond campaign electioneering to issues like how the IRS polices politics, how the Department of Justice criminalizes political activity, and how the parties influence campaigns. Four decades on, the distinction’s uneasy compromise supplies Buckley’s relevance—for better and worse.