Sutherland Institute today released a new policy report examining how federal court decisions have limited states’ ability to regulate spending on elections and arguing for a constitutional amendment to restore federalism in campaign finance issues.
The report, Freeing the States on Campaign Finance, written by William C. Duncan, argues that since Buckley v. Valeo (1976), the U.S. Supreme Court has increasingly centralized authority over campaign finance in the federal judiciary. In doing so, the courts have constrained states from addressing concerns such as out-of-state spending, foreign influence, and corporate involvement in elections.
“For most of our history, election regulation rested with the people and their elected representatives,” said Duncan. “Federalism allows states to respond to local concerns and hold lawmakers accountable. Campaign finance is no less worthy an issue to benefit from that principle, and a constitutional amendment is the appropriate tool to usher that in.”
The report discusses the proposed “For Our Freedom Amendment,” which would clarify that Congress and the states — not federal courts — have primary authority to regulate campaign contributions and expenditures.
Freeing the States on Campaign Finance is available here and below.
