National: McCutcheon v. FEC’s Other Threat: Case Could Super-Size Joint Fundraising Committees | Huffington Post

The joint fundraising committee may join the super PAC and the “dark money” nonprofit as the new face of big money in politics if the Supreme Court decides to unravel key contribution limits in an upcoming case. A decision in favor of Shaun McCutcheon, the lead plaintiff in McCutcheon v. Federal Election Commission, to be argued Oct. 8, could vastly increase the joint fundraising committee’s cash-gathering capacity. The justices will decide in McCutcheon whether the aggregate federal campaign contribution limits — $123,200 for a single donor in the 2014 election cycle — place an unconstitutional burden on a donor’s rights to free speech and association. In the absence of the aggregate limit, individual donors could donate to as many candidates, political party committees and political action committees as they saw fit.

National: McCutcheon Super PAC Already Busts Limits | Roll Call

An Alabama businessman whose challenge to campaign contribution limits goes before the Supreme Court on Tuesday has already spent well beyond the current limit through an unrestricted super PAC, public records show. Shaun McCutcheon, a conservative activist who runs an Alabama electrical engineering firm, argues in McCutcheon v. Federal Election Commission that the $123,200 limit on how much he may give to candidates, political action committees and parties per election cycle stifles his free speech and does nothing to curb corruption. But in the 2012 elections, McCutcheon spent close to three times that limit — about $300,000 — supporting his favorite candidates through his personal PAC. McCutcheon set up the Conservative Action Fund PAC in 2010 as “a good way to do political advertising” and “a way to raise money from other donors,” he said. McCutcheon’s ability to spend hundreds of thousands beyond the aggregate contribution limit, even under the current rules, illustrates how wide-open the campaign finance system has already become. The question now is whether the high court will deregulate elections even further.

Editorials: Roberts: The ‘swing’ justice of election law | Joshua A. Douglas/Reuters

Tuesday’s oral argument in McCutcheon v. FEC, the latest high-profile campaign finance case, will likely generate familiar storylines about a fiercely ideological Supreme Court, where one justice drives the outcome of a close 5-4 decision. Public perception of the Supreme Court is that there are four conservatives, four liberals and Justice Anthony Kennedy in the middle — as the “swing” vote. But that’s wrong — at least where voting rights and campaign finance cases are concerned. Though Kennedy’s vote dictates some outcomes when the court is split 5-4 along ideological lines, another justice has been the driving force behind current election law jurisprudence. In this matter, it is truly Chief Justice John Roberts’s court. Since Roberts became chief justice in 2005, the court has issued 23 written opinions involving voting rights, redistricting or campaign finance. Roberts is the only justice who has been in the majority every time. In addition, he has written twice as many majority opinions in this field as any other justice — six, as compared to Kennedy’s three. Roberts has now written more than 25 percent of the election law decisions handed down since he joined the court.

Editorials: The Hidden Danger in the Supreme Court’s ‘McCutcheon’ Case | Lee Fang/The Nation

If the Supreme Court moves to strike down certain campaign finance limits this term, as many expect the Roberts Court will do, could the conservative majority also pave the way for dismantling a whole host of anti-bribery and campaign finance laws across the country? This week, when the court convenes for its new term, justices will hear oral arguments for McCutcheon v. Federal Election Commission, a case that challenges the aggregate contribution limits from individuals to traditional political committees. Conservative legal strategists, including one of the groups that successfully propelled the original Citizens United decision, would like to use the McCutcheon case to go beyond the issue at hand. Just as Citizens United morphed from a case about restrictions on corporate-funded campaign movies into a decision that removed limits on all corporate and union spending on campaign expenditures, right-wing attorneys are hoping to harness McCutcheon to redefine how the government regulates multiple forms of corruption. If the conservative legal groups are successful, the ramifications could be widespread.

National: Pivotal campaign finance case on U.S. high court docket | Reuters

The U.S. Supreme Court will this week step into the politically charged debate over campaign finance for the first time since its controversial ruling three years ago paved the way for corporations and unions to spend more on political candidates and causes. The case has the potential to weaken a key element of the federal campaign finance regulations remaining after the 2010 ruling, and it could pave the way for challenges to the restrictions on contributions that remain. Supporters say those laws are key to preventing wealthy donors from exerting an undue and potentially corrupting influence on the political process, while opponents say the laws choke free speech. In the 2010 case, Citizens United v. Federal Election Commission, the high court, split 5-4, lifted limits on independent expenditures, not coordinated with individual politicians or parties, by corporations and unions during federal election campaigns. This time, in a case to be argued on Tuesday, the nine justices will consider a challenge by Republican donor Shaun McCutcheon, an Alabama businessman, and the Republican National Committee to the overall limit on campaign contributions that donors can make to individual candidates and committees over a two-year federal election cycle.

National: Campaign-Money Limits at Risk in New Court Term | Bloomberg

The U.S. Supreme Court term that opens next week gives the Republican-appointed majority a chance to undercut decades-old precedents in clashes over campaign finance, racial discrimination and legislative prayer. While the nine-month term lacks the blockbusters of recent years, it features “an unusually large number of cases in which the decision under review relies on a Supreme Court precedent that may be vulnerable,” said Irv Gornstein, executive director of the Supreme Court Institute at Georgetown University. “This term is deeper in important cases than either of the prior two terms,” Gornstein said. The court’s four Democratic appointees won major rulings in each of the last two terms, upholding President Barack Obama’s health-care law and buttressing gay marriage.

National: Supreme Court case could give wealthy donors more latitude in elections | The Washington Post

The very wealthy could play a much greater role in funding federal candidates and political parties if the Supreme Court rules that a key campaign finance restriction adopted after Watergate is unconstitutional. Under Chief Justice John G. Roberts Jr., the court already has junked a number of election spending limits as improper restrictions on political expression — perhaps most dramatically with its 2010 Citizens United decision, which wiped out the ban on corporate election spending. A bold and broad decision by the court in one of its first cases of the new term, Shaun McCutcheon v. Federal Election Commission, which the justices are to hear Tuesday, could overturn decades of precedent about the remaining power the government has to limit contributions to candidates and parties.

National: The next ‘Citizens United’ is coming your way | Los Angeles Times

On Tuesday, the Supreme Court is scheduled to hear oral arguments in a campaign finance case that could be even bigger than the last one, the infamous Citizens United case of 2010. The new case, McCutcheon vs. FEC, challenges the aggregate spending rules that limit any one campaign contributor to $123,000 in total spending to political candidates and election committees during any two-year federal election cycle. The aggregate limit long has been a check on the flow of cold hard cash into the electoral system. As a three-judge panel of federal district court in Washington, D.C., observed last year, the per-candidate contribution limits in federal law — including $2,500 per election to any given candidate, $30,800 per year to each political party — would allow an individual to spread up to $3.5 million around. That’s a lot of bunce. The $123,000 ceiling effectively limits that donor to backing no more than 18 individual candidates in any cycle, the D.C. court noted.

National: Mitch McConnell Will Ask Supreme Court To Scrap Campaign Contribution Limits Entirely | Huffington Post

On Oct. 8, Sen. Mitch McConnell (R-Ky.) will argue to the Supreme Court that all campaign contribution limits should be eliminated and that candidates should be able to accept unlimited donations. Although McConnell is not a party in the case of McCutcheon v. Federal Election Commission, the Supreme Court has granted the Senate minority leader time during oral argument to present his views: that campaign contribution limits are an unconstitutional burden on free speech and that the court should give contribution limits a higher level of scrutiny than it has in the past. McConnell will be represented by lawyer Bobby Burchfield. McCutcheon v. FEC challenges the aggregate limit on donations to federal candidates, political parties and political action committees, which bars an individual donor from giving more than $123,200 in total during the 2014 election cycle. McConnell wants to go much further by forcing courts to treat all campaign contribution limits as they treat campaign expenditure limits, which were found to be an unconstitutional burden on First Amendment rights in the 1976 Buckley v. Valeo decision.

Iowa: Right to Life Asks the Supreme Court to Overturn Ban on Corporate Contributions | Iowa’s Appellate Blog

After scoring a relatively successful victory before the Eighth Circuit, conservative election law attorney Jim Bopp is taking his case to overturn parts of Iowa’s campaign finance law to the United States Supreme Court.  In a recently filed cert petition, Mr. Bopp — the lead counsel for Iowa Right to Life in the Iowa
Right to Live v. Tooker litigation (a case which we have previously covered on this blog here, here, and here)— has asked the Supreme Court to review two specific questions regarding the constitutionality of Iowa’s campaign finance laws. First, Iowa Right to Life wants to know whether Iowa’s ban on direct corporation-to-candidate contributions is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment.  Iowa Right to Life argues that prohibiting corporations from donating directly to candidates whom they support while allowing other entities, such as labor unions, the ability to make direct contributions constitutes unequal treatment between similarly situated would-be contributors.  This argument was rejected by the Eighth Circuit.

National: Justices to Weigh Key Limit on Political Donors | New York Times

The Supreme Court’s Citizens United decision reshaped American politics by striking down limits on independent campaign spending by corporations and unions. But it did nothing to disturb the other main form of campaign finance regulation: caps on individuals’ direct contributions to candidates. Shaun McCutcheon wants to change that. He has built a thriving engineering firm here, and he wants to give some of the money he makes to conservative political candidates. But a federal law limits the overall amount he can contribute to all candidates in an election cycle, and that does not sit right with him. “I think we need to spend more money on politics, not less,” he said. “I think we need to improve it.” The Supreme Court will hear his challenge to the overall limits next Tuesday. Some critics of Citizens United say the new case, McCutcheon v. Federal Election Commission, No. 12-536, has the potential to destroy what is left of federal campaign finance regulation.

National: Not ‘essential’: Shutdown would hit FEC hard | Center for Public Integrity

If the federal government shuts down Tuesday, the Federal Election Commission — unlike some government agencies filled with employees deemed “essential” — will effectively go dark. Organizationally, all but the FEC’s four active commissioners, who are furlough-proof political appointees, would ultimately stay home. In all, 335 of the agency’s 339 employees would be affected, according to its 10-page “Commission Plan for Agency Operations in the Absence of the Fiscal Year 2014 Appropriation.” A small number of staff members, such as staff director Alec Palmer, would briefly work into a shutdown to help secure FEC facilities and records and aid with the agency’s wind-down, the plan states. And no one could labor on their own time and dime, as FEC staffers “are prohibited from performing any work functions while on furlough status, even on a voluntary basis,” the agency’s shutdown plan states.

Voting Blogs: One Path, Two Forks: Election Overhauls in Colorado and North Carolina | The Canvass

Colorado and North Carolina share some commonalities, politically speaking. Both have had healthy two-party competition over the last dozen years or so; both became battleground states in the 2008 and 2012 presidential elections; and, since the 2012 election, both now have unified governments. Democrats control the House, the Senate and the governor’s office in Colorado, and Republicans control the same in North Carolina. Another commonality: this year Colorado and North Carolina both enacted major election overhauls that address same day registration, early voting and pre-registration for teens (along with other issues). The two states took mirror opposite approaches to those issues.

Editorials: If You Thought Citizens United Was Bad, Wait for This Supreme Court Case | Norm Ornstein/The Atlantic

It is tempting to think that there is only one issue hitting Washington these days: the coming apocalypse over a government shutdown and a possible default. It is, to be sure, the Big One, and it should dominate our discussion and analysis. But there are many other issues looming out there that deserve broader focus and attention. One is the farm bill, a case study in dysfunction and chaos over the past three years which has devastated farmers hit by the most significant drought since the Great Depression and which, if unresolved by the end of the month, could cause milk prices to skyrocket, among other things. A key part of that dispute is the most punitive, cruel, and hypocritical action taken by Congress in years: the move by the House to slash food stamps in the face of a continuing stagnant economy. Such action would leave hungry millions of Americans, including children, despite the fact that their erstwhile breadwinners cannot find work. In the process, the move would also strike down state waivers for food stamps in favor of a rigid work requirement, without providing any funds for work training. House Republicans, led by Majority Leader Eric Cantor, pushed this plan as a way to cut government spending — even as he and his colleagues voted to keep in place generous taxpayer subsidies for multimillionaire big farmers and billionaire farm conglomerates. Government spending is OK, apparently, if it is for fat cats and contributors, just not for poor people.

National: The End of Contribution Limits? | Roll Call

Alabama businessman Shaun McCutcheon and his GOP allies insist their Supreme Court challenge to a cap on overall campaign contributions in one election cycle doesn’t dispute the constitutionality of the “base” limit on how much an individual can give to a single candidate in a single election. “This case is not about base limits; they make sense,” said McCutcheon, whose challenge in McCutcheon v. Federal Election Commission is scheduled for oral argument before the Supreme Court on Oct. 8. “The corruption argument on base limits is pretty solid. If you were running for Congress and I gave you $1 million, wouldn’t you owe me?” The Republican National Committee has joined McCutcheon in arguing that the aggregate limits muzzle free speech. Indiana lawyer James Bopp Jr., who is representing the RNC in the case, also stresses: “We’re not challenging base limits in this case.” The case is shaping up as a key test of how far this high court is willing to deregulate the campaign finance system.

Arizona: Clean Election Commission asks court to overturn judge’s ruling – quickly | The Verde Independent

Saying a quick answer is needed, the Citizens Clean Election Commission asked the Court of Appeals on Wednesday to overturn a trial judge’s decision allowing candidates to take a lot more money from political supporters. Tom Collins, the commission’s executive director, said his board believes the judge erred in concluding that lawmakers are free to reset the donation limits to whatever they want. The commission believes those limits are linked to the parallel public funding system, which, by virtue of being enacted by voters, is protected from legislative tinkering. Potentially more significant, Collins said last week’s ruling by Maricopa County Superior Court Judge Mark Brain allowed candidates for legislative office to immediately start accepting up to $4,000 from individual donors and political action committees. The old limits — the one Collins is trying to have restored — cap that at $440.

National: FEC Nominees Win Rules Committee Endorsement | The Center for Public Integrity

President Barack Obama’s two nominees to the Federal Election Commission — an agency rife with ideological discord and often gridlocked on key issues before it — today won unanimous approval from the Senate Rules and Administration Committee. The nominations of Republican Lee E. Goodman and Democrat Ann Ravel now move to the full Senate, which must confirm Goodman and Ravel before they’re appointed to the FEC. The Rules Committee had originally scheduled a nomination vote for Monday but delayed it because it failed to reach a quorum. “The Commission is designed to play a critical role in our campaign finance system,” Sen. Chuck Schumer, D-N.Y., the Rules Committee chairman, said in a statement. “It is my hope that, once confirmed, Mr. Goodman and Ms. Ravel will work hard to restore the agency to a fully functioning independent federal watchdog for the nation’s campaign finance laws.”

Editorials: It’s Time To End Our Failed Affair With Campaign Finance Laws | Paul Sherman/Forbes

It’s an old cliché that appearances can be deceiving, but, in the upside-down world of campaign finance law, appearances are all that the government needs in order to criminalize peaceful political activity.  That’s because nearly 40 years ago, in the U.S. Supreme Court’s first major campaign finance decision, the Court held that such laws are justified as a means of avoiding even the mere “appearance” of corruption.  Since then, lower courts across the country have taken this principle and run with it, upholding limits and sometimes even outright bans on the financing of political speech based on only the flimsiest of evidence. That might be about to change.  Shortly after the U.S. Supreme Court reconvenes this October, it will hear argument in McCutcheon v. FEC, a major challenge to federal campaign finance law.  And although the issue in the case is narrow, its repercussions could be widespread.

California: Campaign finance bills fare poorly in California Legislature | Los Angeles Times

After an anonymous $11-million donation from Arizona sent shock waves through California politics last year, the state Capitol seemed primed for new measures to tighten campaign finance rules. But several proposals fell by the wayside as lawmakers finished their work last week. Bills that would have increased the power of California’s campaign finance watchdog, boosted fines for violations and forced greater disclosure of donors — among other measures — stalled in the Legislature. Just one bill was sent to Gov. Jerry Brown’s desk, SB 3, by Sen. Leland Yee (D-San Francisco). It would require new training for campaign treasurers and mandate that officials study the possibility of replacing the state’s outdated website for tracking campaign finance information. Lawmakers said they would revisit the topic when the Legislature reconvenes in January.

National: PACs spent more at state level than on federal campaigns | Washington Post

Political action committees spent more money on state-level candidates in just 23 states during the 2012 election cycle than they did on federal candidates in all 50 states, according to a new analysis. The analysis from the Sunlight Foundation shows state-level PACs dished out $1.4 billion to candidates running for governor, attorney general, state legislative and other non-federal offices in those states. All told, PACs spent $1.2 billion on federal candidates. State PACs do not have to report their spending to the Federal Election Commission. Instead, they report to campaign finance organizations in the states in which they spend money, all of which have different rules for reporting, disclosure and spending.

Voting Blogs: The Corporation and the Little Guy in the 11th Circuit | More Soft Money Hard Law

The Campaign Legal Center has alerted its readers to a “flood” of challenges to campaign finance laws, and its message is that the reform advocates must remain at their battle stations. It is certainly true that interests hostile to any campaign finance regulation are hard at work; they might well believe that in this time, with this Supreme Court, their moment has come and no time should be wasted. But not all of these challenges are fairly lumped together and described as one indiscriminate assault against any and all reasonable regulation. A few raise questions that even those favoring reasonable limits on campaign finance should take—and address—seriously. The case of Worley v. Fla. Sec’y of State, 717 F.3d 1238 (11th Cir. 2013), is one such case, a challenge to an application of a state requirement that individuals supporting or opposing a ballot initiative must register and report through a political action committee (PAC). The Eleventh Circuit rejected the claim, which is now before the Supreme Court on a petition for certiorari. The four petitioners in Worley argue that PAC requirements, if a burden on corporations in the manner described by the Supreme Court in Citizens United, must fall even more heavily and just as permissibly on individuals banded together in limited, inexpensive “grassroots” political enterprises.

Editorials: McCutcheon Supreme Court case could give money more say in politics | Facing South

Why are social justice organizations up in arms about an upcoming U.S. Supreme Court case involving political contribution limits? It might have something to do with America’s widening income inequality, which in many ways is being financed by wealthy campaign donors. A ruling in favor of lifting limits on the amount individuals can contribute would allow the wealthiest of the wealthy to control parties in ways that would make the Great Gatsby proud. McCutcheon v. Federal Election Commission is seen by campaign finance reform watchdogs as a sequel to Citizens United, the 2010 Supreme Court decision that held the First Amendment prohibits the government from restricting political independent expenditures by corporations, associations, or labor unions. Independent expenditures are campaign communications that support or oppose candidates but are made independently of the candidate, committee, or party. In other words, the Supreme Court said that money talks and political races are not the venue to hush it — even if spending by Fortune 500 companies might drown out the political expressions of people of color and those of limited means.

South Dakota: Secretary of State won’t seek second term | Associated Press

South Dakota Secretary of State Jason Gant said Wednesday he won’t seek re-election and instead will return to the private sector at the end of his first term in office, which runs through the end of 2014. Gant, a Republican, previously worked in health care and was a state senator for six years from Sioux Falls. He said in a statement that he has accomplished his goals, including creating an online system for filing and accessing corporate documents, putting more open records online, increasing transparency in campaign finance and increasing access to the voting booth. His successor will inherit a government agency “that is at the forefront of technology,” he said.

National: Senate committee delays vote on FEC nominees | Center for Public Integrity

President Barack Obama’s two nominees to the Federal Election Commission must wait a little longer for the Senate Rules and Administration Committee to vote on their nominations. Only Sen. Chuck Schumer, D-N.Y., appeared at this morning’s scheduled meeting, announcing that the committee had failed to reach a quorum, and therefore, couldn’t conduct a vote. But Schumer, the committee’s chairman, added during brief remarks that a vote on the FEC nominees — Democrat Ann Ravel and Republican Lee Goodman — could come as “early as tomorrow.” Rules Committee staff explained that senators could conduct a vote on Goodman and Ravel without scheduling another formal meeting, instead gathering together during a break in action when the full Senate meets in session. The Rules Committee’s recommendation would be forwarded to the full Senate, which would conduct a final appointment vote.

Voting Blogs: Political Contributions, Conflicts of Interest, and the Role of Ethical Standards | More Soft Money Hard Law

In the fight over contribution limits, litigants argue over how much money, given by whom and in which ways, can push normal politics into corruption or the certainty of its appearance. McCutcheon tests the proposition that corruption can be a byproduct of the total volume of giving, not just how much a donor hands over to a specific candidate or political committee. McCutcheon v. Fed. Election Comm’n, No. 12-536 (S. Ct. docketed Nov. 1, 2012). Other cases bring the courts into the dispute over the relationship between corrupt potential and the size of the contribution, the tipping point at which the sum given exceeds what it is safe to allow. Nixon v. Shrink Missouri Government PAC, 528 U.S. 377 (2000). Threading its way through these arguments is the question of whether and how the identity of donors, such as political parties, should be weighed in the bargain. See e.g. Illinois Liberty PAC v. Madigan, Case:1:12-cv-05811 (N.D. Ill.). These arguments are waged energetically but without much precision or consistency.

Norway: OSCE monitors Norway parliamentary elections | The Foreigner

2013 is the second General Election year this will be done. Their presence is by official invitation from the Government of Norway. It is also based on the findings and conclusions of a Needs Assessment Mission (NAM), conducted between 4 to 6 June. The OSCE/ODIHR (Office for Democratic Institutions and Human Rights)-deployed Election Assessment Mission (EAM) is headed by American Peter Eicher. Other foreign core team members are election analyst Goran Petrov (former Yugoslav Republic of Macedonia), and Lisa Klein, a legal and campaign finance analyst from the UK. Sweden’s David Bismark, a new voting technologies analyist, and Yuri Ozerov (procurement and contracting officer, Russia), make up the final two foreign NAM team members. In particular, the election observers will investigate aspects related to the Internet voting pilot project.

National: Federal Election Commission could allow Bitcoin campaign donations | Politico

Coming soon to a political campaign near you: Bitcoin donations? The Federal Election Commission is poised to determine rules governing donations made in Bitcoins and how they apply to political campaigns. Attorneys for Conservative Action Fund PAC asked the agency decide if political candidates and outside groups are allowed to accept the digital currency, in addition to U.S. dollars. “As increasing numbers of individuals trade in Bitcoin, political parties and candidates also wish to accept and spend this new currency,” Dan Backer of DB Capitol Strategies wrote in the request. The request lays out 24 technical questions for the FEC regarding the use of Bitcoin as political contributions. Backer told POLITICO that he expects that by 2014, many federal candidates will be interested in accepting the currency — and that many donors will demand it. “We see a real future for this, especially among libertarian-minded supporters,” Backer said.

Colorado: Election complaint filed against recall candidate Bernie Herpin | The Gazette

A Manitou Springs woman has filed a complaint against recall election candidate Bernie Herpin for ads he sent out attacking the Democratic senator he hopes to replace. The door hanger, which says “Paid for by Bernie Herpin for Senate District 11” advocates for the recall of Sen. John Morse, D-Colorado Springs. Ann Schmitt says in the complaint that candidate committees are supposed to refrain from spending money or advocating in issue campaigns. The recall portion of the ballot is an issue campaign – with committees advocating for voters to vote ‘yes’ or ‘no’ to kick Morse out of office. The second portion of the ballot is a candidate campaign – with the Republican candidate Herpin advocating for votes to replace Morse if he is recalled. So Morse’s campaign, which is an issue committee, would be unable to campaign against Herpin who is a candidate and vice-versa.

National: The partisan Federal Election Commission | The Hill

It used to be broken by ideological divisions. But today it is broken by simple party politics. The Federal Election Commission (FEC) – the agency responsible for interpreting and enforcing federal campaign finance laws – is being swept under the bus of partisan one-up-manship. Republicans have gained a temporary one-seat majority on the Commission and they may take advantage of it for partisan purposes – namely, to associate the Obama Administration and Democrats generally with a conspiracy of using federal agencies to attack conservative nonprofit political organizations. In an unexpected twist, congressional Republicans Darrel Issa (R-Cal.) and Candice Miller (R-Mich.) have teamed up with at least one Republican colleague at the FEC in an effort to tie the agency to the ongoing story of whether high-level IRS staff inappropriately targeted the tax-exempt applications of groups based on partisanship. An email exchange from FEC staff to IRS staff requesting public information about the tax status of a conservative political organization prompted accusations of collusion between the two agencies for conspiring to persecute conservatives.

Editorials: Burning the house to roast the pig: Can elections be saved by banning political speech? | SCOTUSblog

The central paradox of most campaign finance reform measures is that they are premised on the odd notion that political speech is far too important to be free. That paradox presents itself to the Justices yet again in McCutcheon v. Federal Election Commission as they prepare to rule on another First Amendment challenge to a campaign finance restriction on political spending. Of course, the proponents of such regulations rarely frame the issue that way.  Rather, they generally argue that the First Amendment was never intended to allow unfettered political participation in the form of campaign contributions or expenditures and that the activity they seek to regulate is not really protected expression. They also argue that the subjects of their intended regulation are not entitled to constitutional privileges. This has generated two great bumper sticker themes that have dominated the “tastes great-less filling” shouting match over political campaign regulation since Buckley v. Valeo (1976), and Citizens United v. FEC (2010):  (1) Is money speech?, and (2)  Are corporations people?  These aren’t the actual legal questions at issue of course, but are merely the caricatures of the underlying questions as translated in the political realm.