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Money and Politics

By Owen M Fiss

Abstract

Professor Fiss argues that only mandatory public financing of electoral campaigns can counteract the corrosive influence of money on politics. The greatest obstacle to an effective public funding scheme is the Supreme Court\u27s decision in Buckley v. Valeo, which invalidated the ceiling on political expenditures enacted as part of the reform measure provoked by Watergate. Professor Fiss examines the Court\u27s First Amendment rationale for that decision, and finds it wanting. According to him, the Court did not give proper heed to the constitutional principle which ought to have been controlling - namely, preserving the fullness of public debate-and thus, created a rule that interfered with the proper functioning of American democracy

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1998
OAI identifier: oai:digitalcommons.law.yale.edu:fss_papers-2319
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