buckley v valeo dissenting opinion

These provisions, it is argued, are fatal to the validity of the scheme, because they work invidious discrimination against minor and new parties in violation of the As conceded by appellants, the Constitution does not require Congress to treat all declared candidates the same for public financing purposes. There is hereby established on the books of the Treasury of the United States a special fund to be known as the "Presidential Election Campaign Fund." I, § 6:"No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. . To obtain such relief it must apply to the courts itself or through the Attorney General. 5, expressly authorizes the selection of the President pro tempore of the Senate, and § 2, cl. Assuming, arguendo, the constitutionality of the overall scheme, there is a legitimate governmental interest in requiring a group to make a "preliminary showing of a significant modicum of support."

Use of contributed amounts for certain purposes; rules of Commission.Amounts received by a candidate as contributions that are in excess of any amount necessary to defray his expenditures, and any other mounts contributed to an individual for the purpose of supporting his activities as a holder of Federal office, may be used by such candidate or individual, as the case may be, to defray any ordinary and necessary expenses incurred by him in connection with his duties as a holder of Federal office, may be contributed by him to any organization described in section 170(c) of Title 26, or may be used for any other lawful purpose. The court held that the remaining aspects of the Commission's authority could not be adjudicated because "(in) its present stance, this litigation does not present the court with the concrete facts that are necessary to an informed decision. Neither was the Legislative Branch to have the power to appoint those who were to enforce and administer the law. . Campaigns such as these will be much harder, and perhaps impossible, to mount under the Act. For present purposes I wish only to emphasize that the Act directly restricts, as a "contribution," what is clearly speech by the "contributor" himself. Any major party or minor party may file a statement with the Commission in such form and manner and at such times as it may require, designating the national committee of such party. Each separate fund may contribute up to $5,000 per candidate per election so long as the fund qualifies as a political committee under § 608(b)(2). To be eligible to receive payments under section 9037, a candidate shall, in writing(1) agree to obtain and furnish to the Commission any evidence it may request of qualified campaign expenses;(2) agree to keep and furnish to the Commission any records, books, and other information it may request; and(3) agree to an audit and examination by the Commission under section 9038 and to pay any amounts required to be paid under such section. 75-437 is affirmed. The Court of Appeals' ruling that § 437a is unconstitutional was not appealed. (1) It is unlawful for any person who receives any payment under section 9037, or to whom any portion of any such payment is transferred, knowingly and willfully to use, or authorize the use of, such payment or such portion for any purpose other than(B) to repay loans the proceeds of which were used, or otherwise to restore funds (other than contributions to defray qualified campaign expenses which were received and expended) which were used, to defray qualified campaign expenses. See generally Watson, Congress Steps Out: A Look at Congressional Control of the Executive, 63 Calif.L.Rev. 5587, 5618; Federal Election Commission, Advisory Opinion 1975-23, The Act places no limit on the number of funds that may be formed through the use of subsidiaries or divisions of corporations, or of local and regional units of a national labor union. For purposes of this paragraph, any contribution made in a year other than the calendar year in which the election is held with respect to which such contribution was made, is considered to be made during the calendar year in which such election is held. Appellants respond that during these years the rise in campaign spending lagged behind the percentage increase in total expenditures for commercial advertising and the size of the gross national product. Section 431(d) defines "political committee" as "any committee, club, association, or other group of persons which receives contributions or makes expenditures during a calendar year in an aggregate amount exceeding $1,000." Of course, the less wealthy candidate can potentially overcome the disparity in resources through contributions from others. II, § 2, cl. § 218. "This Court observed more than a century ago with respect to litigation conducted in the courts of the United States:"Whether tested, therefore, by the requirements of the Judiciary Act, or by the usage of the government, or by the decisions of this court, it is clear that all such suits, so far as the interests of the United States are concerned, are subject to the direction, and within the control of, the Attorney-General." The problem is considered only in the limited context of Subtitle H. Section 454 provides that if a "provision" is invalid, the entire Act will not be deemed invalid. Id., at 117, 163-164, 47 S.Ct., at 25.In the later case of Humphrey's Executor, where it was held that Congress could circumscribe the President's power to remove members of independent regulatory agencies, the Court was careful to note that it was dealing with an agency intended to be independent of executive authority "except in its selection."

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