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  • With due respect to the Supreme Court, some campaign finance laws are unconstitutional

    With due respect to the Supreme Court, some campaign finance laws are unconstitutional0

    • July 17, 2017

    But Citizens United included a second decision, one rarely mentioned. In this part of the case, the court upheld federal laws requiring contributors to political ads to publicly reveal their names. Unlike the first ruling, the second was a constitutional mistake. Although the court has since reaffirmed its position, it should promptly reconsider.

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  • Get Members of Congress Out of the Business of Rigging Campaign Rules0

    • May 4, 2014

    The Supreme Court’s latest campaign finance decision, McCutcheon v. FEC, has sent up the predictable howls. In McCutcheon, the Court struck down, as violating the First Amendment, certain incumbent-protection rules that Members of Congress had rigged for their own election campaigns. But no one—including the Court—has yet convincingly addressed a question even more fundamental than

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