mccutcheon et al federal election commission argued october decided april right participate democracy political contributions protected first amendment right absolute congress may regulate campaign contributions protect corruption appearance corruption see buckley valeo may however regulate contributions simply reduce amount money politics restrict political participation order enhance relative influence others see arizona free enterprise club freedom club pac bennett federal election campaign act feca amended bipartisan campaign reform act bcra imposes two types limits campaign contributions base limits restrict much money donor may contribute particular candidate committee aggregate limits restrict much money donor may contribute total candidates committees election cycle appellant mccutcheon contributed different federal candidates complying base limits applicable alleges aggregate limits prevented contributing additional candidates number noncandidate political committees also alleges wishes make similar contributions future within base limits mccutcheon appellant republican national committee filed complaint district asserting aggregate limits unconstitutional first amendment district denied motion preliminary injunction granted government motion dismiss assuming base limits appropriately served government anticorruption interest district concluded aggregate limits survived first amendment scrutiny prevented evasion base limits held judgment reversed case remanded supp reversed remanded chief justice roberts joined justice scalia justice kennedy justice alito concluded aggregate limits invalid first amendment pp appellants substantial first amendment challenge current system aggregate limits merits plenary consideration pp buckley evaluated constitutionality original contribution expenditure limits feca buckley distinguished two types limits based degree encroaches upon protected first amendment interests subjected expenditure limits exacting scrutiny applicable limitations core first amendment rights political expression concluded contribution limits impose lesser restraint political speech thus applied lesser still rigorous standard review limits may sustained state demonstrates sufficiently important interest employs means closely drawn avoid unnecessary abridgement associational freedoms found primary purpose feca preventing quid pro quo corruption appearance sufficiently important governmental interest upheld base limit closely drawn test devoted one paragraph opinion aggregate limit place feca noting provision ha separately addressed length parties concluded aggregate limit served prevent circumvention base limit corollary limit pp need case revisit buckley distinction contributions expenditures corresponding distinction standards review regardless whether strict scrutiny closely drawn test applies analysis turns fit stated governmental objective means selected achieve objective given substantial mismatch government stated objective means selected achieve aggregate limits fail even closely drawn test buckley ultimate conclusion constitutionality aggregate limit place feca control buckley spent three sentences analyzing limit separately addressed parties appellants contrast directly challenged aggregate limits place bcra different statutory regime whose limits operate distinct legal backdrop notably statutory safeguards circumvention considerably strengthened since buckley feca amendments added another layer base limits capping contributions individuals political committees antiproliferation rule prohibiting donors creating controlling multiple affiliated political committees since buckley federal election commission also enacted intricate regulatory scheme limits opportunities circumvention base limits unearmarked contributions political committees likely contribute particular candidate addition accounting statutory regulatory changes appellants raise distinct legal arguments considered buckley including overbreadth challenge aggregate limit pp significant first amendment interests implicated contributing money candidate exercise individual right participate electoral process political expression political association restriction many candidates committees individual may support hardly modest restraint rights government may restrict many candidates causes donor may support may tell newspaper many candidates may endorse simplest terms aggregate limits prohibit individual fully contributing primary general election campaigns ten candidates even contributions fall within base limits response say individual simply contribute less base limits permit require one person contribute lower levels wants support candidates causes penalize individual robustly exercis ing first amendment rights davis federal election assessing first amendment interests stake proper focus individual right engage political speech collective conception public good whole point first amendment protect individual speech majority might prefer restrict legislators judges might view useful democratic process pp aggregate limits permissible governmental interest preventing quid pro quo corruption appearance pp identified one legitimate governmental interest restricting campaign finances preventing corruption appearance corruption see davis supra moreover type corruption congress may target quid pro quo corruption spending large sums money connection elections connection effort control exercise officeholder official duties give rise quid pro quo corruption possibility individual spends large sums may garner influence access elected officials political parties citizens federal election line quid pro quo corruption general influence must respected order safeguard basic first amendment rights must err side protecting political speech rather suppressing federal election wisconsin right life opinion roberts pp government argues aggregate limits permissible objective preventing quid pro quo corruption difficulty aggregate limits kick ban contributions amount even though congress selection base limit indicates belief contributions beneath amount create cognizable risk corruption government must thus defend aggregate limits demonstrating prevent circumvention base limits function serve meaningful way given statutes regulations currently effect buckley fear individual might contribute massive amounts money particular candidate unearmarked contributions entities likely support candidate far speculative even accepting buckley circumvention theory hard see candidate today receive massive amounts money traced back particular donor uninhibited aggregate limits government scenarios offered support possibility either illegal current campaign finance laws implausible pp aggregate limits also violate first amendment closely drawn avoid unnecessary abridgment associational freedoms buckley supra government argues aggregate limits prevent individual giving many initial recipients might recontribute donation experience suggests vast majority contributions retained spent recipients government provided reason believe candidates party committees dramatically shift priorities aggregate limits lifted indiscriminate ban contributions aggregate limits thus disproportionate government interest preventing circumvention importantly multiple alternatives available congress serve government interest preventing circumvention avoiding unnecessary abridgment first amendment rights buckley supra alternatives might include targeted restrictions transfers among candidates political committees tighter earmarking rules transfers key government concern circumvention addressed without direct broad interference first amendment rights pp disclosure contributions also reduces potential abuse campaign finance system disclosure requirements justified governmental interest ing electorate information sources spending citizens supra may deter corruption exposing large contributions expenditures light publicity buckley supra disclosure requirements may burden speech often represent less restrictive alternative flat bans certain types quantities speech particularly modern technology disclosure offers robust protections corruption buckley decided pp government offers additional rationale aggregate limits arguing opportunity corruption exists whenever legislator given large check even check consists contributions within base limits divided among numerous candidates committees rationale dangerously broadens circumscribed definition quid pro quo corruption articulated prior cases buckley confined analysis possibility massive amounts money funneled particular candidate excess base limits recasting corruption donor widely distributed support political party dramatically expand government regulation political process though government suggests solicitation large contributions poses corruption danger aggregate limits limited direct solicitation officeholder candidate pp justice thomas agreed aggregate limits invalid first amendment overrule buckley valeo subject bcra aggregate limits strict scrutiny surely fail buckley analytic foundation tenuous beginning continued erode intervening years nixon shrink missouri government pac thomas dissenting contributions expenditures simply two sides first amendment coin efforts distinguish two produced mere word games rather cognizable constitutional law principle buckley supra burger concurring part dissenting part pp roberts announced judgment delivered opinion scalia kennedy alito joined thomas filed opinion concurring judgment breyer filed dissenting opinion ginsburg sotomayor kagan joined opinion roberts notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press shaun mccutcheon et appellants federal election commission appeal district district columbia april chief justice roberts announced judgment delivered opinion justice scalia justice kennedy justice alito join right basic democracy right participate electing political leaders citizens exercise right variety ways run office vote urge others vote particular candidate volunteer work campaign contribute candidate campaign case last options right participate democracy political contributions protected first amendment right absolute cases held congress may regulate campaign contributions protect corruption appearance corruption see buckley valeo per curiam time made clear congress may regulate contributions simply reduce amount money politics restrict political participation order enhance relative influence others see arizona free enterprise club freedom club pac bennett slip many people might find latter objectives attractive delighted see fewer television commercials touting candidate accomplishments disparaging opponent character money politics may times seem repugnant much first amendment vigorously protects first amendment protects flag burning funeral protests nazi parades despite profound offense spectacles cause surely protects political campaign speech despite popular opposition see texas johnson snyder phelps national socialist party america skokie per curiam indeed emphasized first amendment fullest urgent application precisely conduct campaigns political office monitor patriot roy series cases past years spelled draw constitutional line permissible goal avoiding corruption political process impermissible desire simply limit political speech said government regulation may target general gratitude candidate may feel toward support allies political access support may afford ingratiation access corruption citizens federal election embody central feature democracy constituents support candidates share beliefs interests candidates elected expected responsive concerns regulation must instead target called quid pro quo corruption appearance see latin phrase captures notion direct exchange official act money see mccormick hallmark corruption financial quid pro quo dollars political favors federal election national conservative political action campaign finance restrictions pursue objectives explained impermissibly inject government debate govern bennett supra slip govern last people help decide govern statute issue case imposes two types limits campaign contributions first called base limits restricts much money donor may contribute particular candidate committee second called aggregate limits restricts much money donor may contribute total candidates committees case involve challenge base limits previously upheld serving permissible objective combatting corruption government contends aggregate limits also serve objective preventing circumvention base limits conclude however aggregate limits little anything address concern seriously restricting participation democratic process aggregate limits therefore invalid first amendment election cycle base limits federal election campaign act feca amended bipartisan campaign reform act bcra permit individual contribute per election candidate total primary general elections per year national party committee per year state local party committee per year political action committee pac fed reg national committee state local party committee multicandidate pac may turn contribute per election candidate base limits apply equal force contributions way earmarked otherwise directed intermediary conduit candidate example donor gives money party committee directs party committee pass contribution along particular candidate transaction treated contribution original donor specified candidate election cycle aggregate limits bcra permit individual contribute total federal candidates total political committees may contributed state local party committees pacs opposed national party committees fed reg told individual may contribute candidate noncandidate committees election cycle base limits thus restrict much money donor may contribute particular candidate committee aggregate limits effect restricting many candidates committees donor may support extent permitted base limits election cycle appellant shaun mccutcheon contributed total different federal candidates compliance base limits applicable alleges wished contribute additional candidates prevented aggregate limit contributions candidates mccutcheon also contributed total several noncandidate political committees compliance base limits applicable alleges wished contribute various political committees including three republican national party committees prevented aggregate limit contributions political committees mccutcheon alleges plans make similar contributions future election cycle wishes contribute least various candidates political committees brief appellant mccutcheon appellant republican national committee national political party committee charged general management republican party rnc wishes receive contributions mccutcheon similarly situated individuals like make contributions otherwise permissible base limits national party committees foreclosed aggregate limit contributions political committees june mccutcheon rnc filed complaint panel district district columbia see bcra stat mccutcheon rnc asserted aggregate limits contributions candidates noncandidate political committees unconstitutional first amendment moved preliminary injunction enforcement challenged provisions government moved dismiss case district denied appellants motion preliminary injunction granted government motion dismiss assuming base limits appropriately served government anticorruption interest district concluded aggregate limits survived first amendment scrutiny prevented evasion base limits supp particular district imagined hypothetical scenario might occur world without aggregate limits single donor might contribute maximum amount base limits nearly separate committees might transfer money single committee ibid committee turn might use transferred money coordinated expenditures behalf particular candidate allowing single donor circumvent base limit amount may contribute candidate ibid district acknowledged may seem unlikely many separate entities willingly serve conduits single donor interests concluded scenario hard imagine ibid thus rejected constitutional challenge aggregate limits characterizing base limits aggregate limits coherent system rather merely collection individual limits stacking prophylaxis upon prophylaxis ibid mccutcheon rnc appealed directly authorized law case ha discretion refuse adjudication case merits hicks miranda accordingly noted probable jurisdiction ii buckley valeo presented first opportunity evaluate constitutionality original contribution expenditure limits set forth feca feca imposed per election base limit contributions individual federal candidate also imposed per year aggregate limit contributions individual candidates political committees supp iv expenditures side feca imposed limits independent expenditures candidates overall campaign expenditures buckley recognized contribution expenditure limitations operate area fundamental first amendment activities distinguished expenditure limits contribution limits based degree encroaches upon protected first amendment interests expenditure limits explained necessarily reduce quantity expression restricting number issues discussed depth exploration size audience reached thus subjected expenditure limits exacting scrutiny applicable limitations core first amendment rights political expression exacting scrutiny government may regulate protected speech regulation promotes compelling interest least restrictive means articulated interest see sable communications fcc contrast concluded contribution limits impose lesser restraint political speech permit symbolic expression support evidenced contribution way infringe contributor freedom discuss candidates issues buckley result focused effect contribution limits freedom political association applied lesser still rigorous standard review standard ven significant interference protected rights political association may sustained state demonstrates sufficiently important interest employs means closely drawn avoid unnecessary abridgement associational freedoms quoting cousins wigoda primary purpose feca limit quid pro quo corruption appearance purpose satisfied requirement sufficiently important governmental interest closely drawn component buckley concluded base limit focuses precisely problem large campaign contributions leaving persons free engage independent political expression associate actively volunteering services assist limited nonetheless substantial extent supporting candidates committees financial resources therefore upheld base limit closely drawn test next separately considered overbreadth challenge base limit see challengers argued base limit fatally overbroad large donors seek improper influence legislators actions although accepted premise nevertheless rejected overbreadth challenge two reasons first difficult isolate suspect contributions based contributor subjective intent second congress justified concluding interest safeguarding appearance impropriety requires opportunity abuse inherent process raising large monetary contributions eliminated ibid finally one paragraph opinion turned aggregate limit feca preliminary matter noted constitutionality aggregate limit ha separately addressed length parties three sentences disposed constitutional objections aggregate limit challengers might overall ceiling impose ultimate restriction upon number candidates committees individual may associate means financial support quite modest restraint upon protected political activity serves prevent evasion contribution limitation person might otherwise contribute massive amounts money particular candidate use unearmarked contributions political committees likely contribute candidate huge contributions candidate political party limited additional restriction associational freedom imposed overall ceiling thus corollary basic individual contribution limitation found constitutionally valid ibid parties amici curiae spend significant energy debating whether line buckley drew contributions expenditures remain law notwithstanding robust debate see need case revisit buckley distinction contributions expenditures corollary distinction applicable standards review buckley held government interest preventing quid pro quo corruption appearance sufficiently important elsewhere stated interest may properly labeled compelling see national conservative political action interest satisfy even strict scrutiny moreover regardless whether apply strict scrutiny buckley closely drawn test must assess fit stated governmental objective means selected achieve objective see national conservative political action supra randall sorrell opinion breyer put another way law restricts political speech avoid unnecessary abridgement first amendment rights buckley survive rigorous review find substantial mismatch government stated objective means selected achieve aggregate limits fail even closely drawn test therefore need parse differences two standards case buckley treated constitutionality aggregate limit contingent upon limit ability prevent circumvention base limit describing aggregate limit corollary base limit determined circumvention occur individual legally contributes massive amounts money particular candidate use unearmarked contributions entities likely contribute candidate ibid reason upheld aggregate limit although buckley provides guidance think ultimate conclusion constitutionality aggregate limit place feca control buckley spent total three sentences analyzing limit fact opinion pointed constitutionality aggregate limit ha separately addressed length parties ibid asked address appellants direct challenge aggregate limits place bcra bcra different statutory regime aggregate limits imposes operate distinct legal backdrop notably statutory safeguards circumvention considerably strengthened since buckley decided statutory additions introduction comprehensive regulatory scheme targeted anticircumvention measures place today indiscriminate aggregate limits bcra appear particularly feca amendments example added another layer base contribution limits version feca already capped contributions political committees candidates version added limits contributions political committees change enacted least part prevent circumvention limitations contributions upheld buckley california medical assn federal election plurality opinion see also blackmun concurring part concurring judgment donor contributions political committee limited donor flood committee huge amounts money contribution committee makes perceived contribution buckley supra rather donor may contribute committee hardly raises specter abuse concerned buckley limits contributions political committees consequently create additional hurdle donor seeks channel large amount money particular candidate ensure gets credit amendments also added antiproliferation rule prohibiting donors creating controlling multiple affiliated political committees see cfr government acknowledges antiproliferation rule forecloses otherwise particularly easy effective means circumventing limits contributions particular political committee brief appellee effect rule eliminates donor ability create use political committees direct funds excess individual base limits thus blocks straightforward method achieving circumvention underlying concern buckley intricate regulatory scheme federal election commission enacted since buckley limits opportunities circumvention base limits via unearmarked contributions political committees likely contribute particular candidate although earmarking provision place buckley decided fec since added regulations define earmarking broadly example regulations construe earmarking include designation whether direct indirect express implied oral written cfr regulations specify individual contributed particular candidate may also contribute committee candidate may individual contributed candidate also contribute political committee supported anticipates supporting candidate individual knows substantial portion contribution contributed expended behalf candidate addition accounting statutory regulatory changes campaign finance arena appellants challenge raises distinct legal arguments buckley consider example presumably cursory treatment aggregate limit buckley separately address overbreadth challenge respect provision rejected challenge base limits difficulty isolating suspect contributions propriety large contributions individual candidates turned subjective intent donors concluded way tell donors sought improper influence legislators actions see aggregate limit hand upheld anticircumvention measure without considering whether possible discern donations might used circumvent base limits see never addressed overbreadth specific context aggregate limits argument far force given foregoing case resolved merely pointing three sentences buckley written without benefit full briefing argument issue see toucey new york life ins departing oose language sporadic decision asked resolve question eyes wide open light full consideration hohn departing prior decision rendered without full briefing argument confronted different statute different legal arguments different point development campaign finance regulation appellants substantial first amendment challenge system aggregate limits currently place thus merits plenary iii first amendment designed intended remove governmental restraints arena public discussion putting decision views shall voiced largely hands us belief approach comport premise individual dignity choice upon political system rests cohen california relevant first amendment safeguards individual right participate public debate political expression political association see buckley individual contributes money candidate exercises rights contribution serves general expression support candidate views serves affiliate person candidate first amendment rights important regardless whether individual one hand lone pamphleteer street corner orator tom paine mold someone spends amounts money order communicate political ideas sophisticated means national conservative political action either way participating electoral debate recognized integral operation system government established constitution buckley supra buckley acknowledged aggregate limits least diminish individual right political association explained overall ceiling impose ultimate restriction upon number candidates committees individual may associate means financial support characterized restriction quite modest restraint upon protected political activity ibid agree characterization aggregate limit many candidates committees individual may support contributions modest restraint government may restrict many candidates causes donor may support may tell newspaper many candidates may endorse put simplest terms aggregate limits prohibit individual fully contributing primary general election campaigns ten candidates even contributions fall within base limits congress views adequate protect corruption individual may give nine candidates aggregate limits constitute outright ban contributions candidate beyond additional may spent reaching aggregate limit point limits deny individual ability exercise expressive associational rights contributing someone advocate policy preferences donor must limit number candidates supports may choose several policy concerns advance clear first amendment harms dissent never acknowledges answer say individual simply contribute less money people require one person contribute lower levels others wants support candidates causes impose special burden broader participation democratic process recently admonished government may penalize individual robustly exercis ing first amendment rights davis federal election first amendment burden especially great individuals ready access alternative avenues supporting preferred politicians policies context base contribution limits buckley observed supporter vindicate associational interests personally volunteering time energy behalf candidate see personal volunteering realistic alternative wish support wide variety candidates causes effective methods supporting preferred candidates causes without contributing money reserved select entertainers capable raising hundreds thousands dollars single evening cf davis supra dissent faults focus individual right engage political speech saying fails take account public interest collective speech post opinion breyer collective interest said promote government laws reflect thoughts views ideas sentiments expression first amendment protects post compelling reasons define boundaries first amendment reference generalized conception public good first dissent collective speech reflected laws course majority plainly include laws restrict free speech whole point first amendment afford individuals protection infringements first amendment protect government even government purports act legislation reflecting collective speech cf alvarez wooley maynard west virginia bd ed barnette second degree speech protected turn legislative judicial determination particular speech useful democratic process first amendment contemplate ad hoc balancing relative social costs benefits stevens see also playboy entertainment group constitution says value judgments individual make government decree even mandate approval majority third established first amendment analysis already takes account collective interest may justify restrictions individual speech accepted analysis restrictions measured asserted public interest usually framed important compelling governmental interest explained doubt compelling nature collective interest preventing corruption electoral process permit congress pursue interest long unnecessarily infringe individual right freedom speech truncate tailoring test outset iv significant first amendment costs individual citizens mind turn governmental interests asserted case identified one legitimate governmental interest restricting campaign finances preventing corruption appearance corruption see davis supra national conservative political action consistently rejected attempts suppress campaign speech based legislative objectives matter desirable may seem acceptable governmental objective level playing field level electoral opportunities equaliz financial resources candidates bennett slip davis supra buckley supra first amendment prohibits legislative attempts electoral process matter well intentioned bennett supra slip framed relevant principle buckley concept government may restrict speech elements society order enhance relative voice others wholly foreign first amendment dissent suggestion buckley supports opposite proposition see post simply ignores buckley actually said matter see also citizens rent fair housing berkeley buckley made clear contributors protected possibility others make larger contributions moreover preventing corruption appearance legitimate objective congress may target specific type corruption quid pro quo corruption buckley explained congress may permissibly seek rein large contributions given secure political quid pro quo current potential office holders addition actual quid pro quo arrangements congress may permissibly limit appearance corruption stemming public awareness opportunities abuse inherent regime large individual financial contributions particular candidates see also citizens buckley identified sufficiently important governmental interest preventing corruption appearance corruption interest limited quid pro quo corruption spending large sums money connection elections connection effort control exercise officeholder official duties give rise quid pro quo corruption possibility individual spends large sums may garner influence access elected officials political parties see mcconnell federal election kennedy concurring judgment part dissenting part government interest preventing appearance corruption equally confined appearance quid pro quo corruption government may seek limit appearance mere influence access see citizens dissent advocates broader conception corruption apply label individual contributions limits deemed necessary protect collective speech thus dissent view perfectly fine contribute nine candidates somehow corrupt give amount tenth fair say justice stevens always spoken corruption clear consistent voice opinion concurring part dissenting part definition corruption apply today however firm roots buckley case upheld base contribution limits targeted danger actual quid pro quo arrangements impact appearance corruption stemming public awareness system unchecked direct contributions buckley simultaneously rejected limits spending less likely given quid pro quo improper commitments candidate event case first debate proper breadth government anticorruption interest engaged compare citizens majority opinion opinion stevens line quid pro quo corruption general influence may seem vague times distinction must respected order safeguard basic first amendment rights addition drawing line first amendment requires us err side protecting political speech rather suppressing federal election wisconsin right life opinion roberts dissent laments opinion leaves remnants feca bcra inadequate combat corruption see post rhetoric ignores fact leave base limits base limits remain primary means regulating campaign contributions obvious explanation aggregate limits received scant sentences attention government restricts speech government bears burden proving constitutionality actions playboy entertainment group government seeks carry burden arguing aggregate limits permissible objective preventing quid pro quo corruption difficulty aggregate limits kick ban contributions amount congress selection base limit indicates belief contributions amount less create cognizable risk corruption corruption concern giving nine candidates difficult understand tenth candidate regarded corruptible given others corruptible given dime risk additional candidates corrupted donations government must defend aggregate limits demonstrating prevent circumvention base limits problem serve function meaningful way light various statutes regulations currently effect buckley fear individual might contribute massive amounts money particular candidate use unearmarked contributions entities likely support candidate far speculative importantly never accepted mere conjecture adequate carry first amendment burden nixon shrink missouri government pac initial matter risk quid pro quo corruption appearance money flows independent actors candidate donor contributes candidate directly individual contributes candidate party committee pac individual must law cede control funds see cfr government admits funds subsequently particular candidate action occurs initial recipient discretion donor see brief appellee consequence chain attribution grows longer credit must shared among various actors along way reasons risk quid pro quo corruption generally applicable narrow category money gifts directed manner candidate officeholder mcconnell opinion kennedy buckley nonetheless focused possibility unearmarked contributions eventually find way candidate coffers even validity buckley circumvention theory hard see candidate today receive massive amount money traced back particular contributor uninhibited aggregate limits ibid government offers series scenarios support possibility sufficiently implausible government carried burden demonstrating aggregate limits anticircumvention interest primary example circumvention one form another envisions individual donor contributes maximum amount base limits particular candidate say representative smith donor also channels massive amounts money smith series contributions pacs stated intention support smith see brief appellee tr oral arg various earmarking antiproliferation rules disarm example importantly donor may contribute obvious pacs support smith see cfr see also may donor contribute slightly less obvious pacs knows route substantial portion contribution smith donor must instead turn pacs likely give smith however discovers contribution significantly diluted contributions others pacs donor give pac dominate pac total receipts buckley decided retain control contribution cfr direct money way smith even imply like money recontributed smith cfr salience smith supporter diminished potential corruption clear many candidates pac must support dedicated donor avoid tagged impermissible knowledge substantial portion contribution go smith imagine donor one ten equal donors pac gives highest possible contribution pac may give per election smith sum attributable donor intent circumventing base limits thus far hardly succeeded funneling massive amounts money smith buckley supra donor thing via say different pacs contribution balloon ten times may contribute directly smith given election scenario highly implausible first instance true individual donor necessarily access sufficient number pacs effectuate scheme many pacs limitless election cycle fec reported nonconnected pacs excluding pacs finance independent expenditures every pac supports smith work scheme donor pro rata share pac contribution smith remain meaningful pac must funded small handful donors antiproliferation rules effect buckley decided prohibit donor creating pacs collaborating nine donors see contributions made political committees established financed maintained controlled person group persons shall considered made single political committee moreover pacs contribute smith candidates specific individuals like ardent smith supporter contribute fec weigh circumstantial factors determine whether deem pacs affiliated cfr ii fec analysis take account common overlapping membership similar patterns contributions contributors among considerations ii fec past initiated enforcement proceedings contributors suspicious patterns pac donations see conciliation agreement riley matters review fec basic level hard believe rational actor engage machinations example described dedicated donor spent donating full different pacs add smith campaign coffers donor meanwhile spent unlimited funds independent expenditures behalf smith see buckley indeed spent entire advocating smith without risk selected pacs choose give smith share credit contributors pacs said context independent expenditures absence prearrangement coordination expenditure candidate agent undermines value expenditure candidate citizens quoting buckley supra probably percent least donor point view strikes us far likely want see full spent behalf favored candidate even must spent independently rather see diluted small fraction contributed directly someone another circumvention example one apparently motivated district district crafted example donor gives check joint fundraising committee composed candidate national party committee party state party committees actually supp committees divide money one receives maximum contribution permissible base limits transfers allocated portion single committee committee uses money coordinated expenditures behalf particular candidate scenario seem unlikely district thought ibid district imagine chain events held example substantiated government circumvention concerns ibid one problem however district speculation relies illegal earmarking lest confusion joint fundraising committee simply mechanism individual committees raise funds collectively circumvent base limits earmarking rules see cfr circumstances may contribution joint fundraising committee result allocation exceeds contribution limits applicable constituent parts committee fact required return excess funds contributor see district assumed compliance specific allocation rules governing joint fundraising committees expressly based example premise donor telegraph desire support one candidate many separate entities willingly serve conduits single contributor interests supp regardless whether many distinct entities cooperate practical matter earmarking provision prohibits individual directing funds intermediary conduit particular candidate even implicit agreement imagined district supp trigger earmarking provision see cfr circumvention scenario succeed without assuming nearly separate party committees engage transparent violation earmarking rules caught moreover district failed acknowledge example apply candidates crafted example around presidential candidate donations thousands dollars may seem remarkable especially comparison nearly billion spent presidential candidates example however extrapolated house senate candidates like contributions coordinated expenditures limited statute different limits based state office see coordinated expenditure limit house races well coordinated expenditures envisioned district limit senate races varies significantly based state population see fed reg scheme magnitude imagined district possible even theory house candidates senate candidates populous ibid extent law foreclose scenario described district experience common sense government provides reason believe many state parties willingly participate scheme funnel money another state candidates review fec data republican democratic state party committees election cycle reveals total instances state party committee contributed house senate candidate another state surprise iowa democratic party example little reason transfer money california democratic party especially iowa democratic party barred remainder election cycle receiving another contribution activities particular donor scenarios along others suggested either illegal current campaign finance laws divorced reality three examples posed dissent exception dissent explain large sums postulates legally rerouted particular candidate state committees participate plan redirect donations candidate another state donor group donors avoid regulations prohibiting contributions committee knowledge substantial portion contribution support candidate donor already contributed cfr dissent argues knowledge may difficult prove pointing eight fec cases proceed insufficient evidence donor incriminating knowledge see post might guilty knowledge shown donors guilty possibility dissent entertain event donors described eight cases typically alleged exceeded base limits less fec failure find requisite knowledge cases hardly means agency equally powerless prevent scheme donor routes millions dollars excess base limits particular candidate dissent example two fec official establish knowledge circumvention establish affiliation ten donors contribute newly created pacs pac writes check ten candidates dissent example three official heart head stone see post dissent concludes citing three briefs proposition even aggregate limits place individuals transferred large sums money specific candidates excess base limits post cited sources provide examples circumvention base limits along lines various hypotheticals dearth fec prosecutions according dissent proves people getting away violations surely must elude detection real world methods achieving circumvention subtle complex hypothetical examples ibid sort speculation however justify substantial intrusion first amendment rights issue case buckley upheld aggregate limits ground prevented channeling money candidates beyond base limits absence prospect today belies government asserted objective preventing corruption appearance improbability circumvention indicates aggregate limits instead impermissible objective simply limiting amount money political campaigns quite apart foregoing aggregate limits violate first amendment closely drawn avoid unnecessary abridgment associational freedoms buckley first amendment context fit matters even applying strict scrutiny still require fit necessarily perfect reasonable represents necessarily single best disposition one whose scope proportion interest served employs necessarily least restrictive means means narrowly tailored achieve desired objective board trustees state univ fox quoting statute poorly tailored government interest preventing circumvention base limits impermissibly restricts participation political process government argues aggregate limits justified prevent individual giving many initial recipients might subsequently recontribute donation recontributed funds conceivably give rise circumvention base limits yet indications many types recipients scant interest regifting donations receive figures might useful put risk circumvention perspective recognize data marshaled capture perfectly counterfactual world aggregate limits exist noted elsewhere nonetheless ask whether experience present law confirms serious threat abuse federal election colorado republican federal campaign experience suggests vast majority contributions made excess aggregate limits likely retained spent recipients rather rerouted candidates election cycle federal candidates political parties pacs spent total billion according fec particular national political party spending ran hundreds millions dollars national republican senatorial committee nrsc national republican congressional committee nrcc democratic senatorial campaign committee dscc democratic congressional campaign committee dccc however spent less million direct candidate contributions less million coordinated expenditures brief nrsc et al amici curiae nrsc brief including coordinated expenditures direct candidate contributions nrsc dscc spent total funds contributions candidates nrcc dccc spent likewise explained previously state parties rarely contribute candidates election cycle republican democratic state party committees district columbia contributed paltry house senate candidates state party committees spent half billion dollars time period contributions candidates constituted national state party committees candidates contribute small fraction campaign funds candidates authorized candidate committees may support candidates base limit election house candidates spent total billion contributions among house candidates totaled million making candidates overall spending nrsc brief one individual candidate received candidates around brief appellee fact candidates receive campaign contributions spend money rather passing along donations candidates arena least charity begins based discern experience indiscriminate ban contributions aggregate limits disproportionate government interest preventing circumvention government given us reason believe parties candidates dramatically shift priorities aggregate limits lifted absent showing conclude sweeping aggregate limits appropriately tailored guard contributions might implicate government anticircumvention interest final point worth keeping mind base limits prophylactic measure explained restrictions direct contributions preventative contributions candidates involve quid pro quo arrangements citizens aggregate limits layered top ostensibly prevent circumvention base limits approach requires particularly diligent scrutinizing law fit wisconsin right life opinion roberts see mcconnell opinion thomas importantly multiple alternatives available congress serve government anticircumvention interest avoiding unnecessary abridgment first amendment rights buckley obvious might involve targeted restrictions transfers among candidates political committees currently limits transfers among party committees candidates party committees see cfr perhaps reason central concern district government multiple amici curiae dissent ability party committees transfer money freely congress agrees problematic might tighten permissive transfer rules impose lesser burden first amendment rights compared aggregate limits flatly ban contributions beyond certain levels government conceded transfer restrictions perfect substitute aggregate limits recognized mitigate risk circumvention see tr oral arg one possible option restricting transfers require contributions current aggregate limits deposited segregated nontransferable accounts spent recipients solution address circumvention possibilities current aggregate limits completely barring contributions beyond aggregate levels addition alternative congress believes circumvention especially likely occur creation joint fundraising committee require funds received committees spent recipients perhaps simply limit size joint fundraising committees alternatives aggregate limits properly refocus inquiry delinquent actor recipient contribution within base limits routes money manner undermines limits see citizens supra cf bartnicki vopper indeed congress adopted transfer restrictions upheld context state party spending see levin funds donations permissible state law may spent certain federal election activity namely voter registration identification efforts generic campaign activities levin funds raised directly state local party committee ultimately spends iv means party committees may transfer levin funds solicit levin funds behalf particular state local committee engage joint fundraising levin funds see mcconnell mcconnell upheld transfer restrictions justifiable anticircumvention measures though acknowledged posed associational burdens narrow transfer restriction contributions otherwise recontributed excess base limits rely similar justification alternatives might focus earmarking many scenarios government dissent involve least implicit agreements circumvent base limits agreements already prohibited earmarking rules see cfr fec might strengthen rules example defining many candidates pac must support order ensure substantial portion donor contribution rerouted certain candidate congress might also consider modified version aggregate limits one prohibits donors contributed current maximum sums contributing political committees indicated support candidates donor already contributed sure existing earmarking provision define outer limit acceptable tailoring colorado republican federal campaign tighter rules significant effect especially adopted concert measures mean opine validity particular proposal point numerous alternative approaches available congress prevent circumvention base limits finally disclosure contributions minimizes potential abuse campaign finance system disclosure requirements part justified based governmental interest ing electorate information sources spending citizens quoting buckley supra may also deter actual corruption avoid appearance corruption exposing large contributions expenditures light publicity disclosure requirements burden speech unlike aggregate limits impose ceiling speech citizens supra see mcconnell supra opinion thomas reason disclosure often represents less restrictive alternative flat bans certain types quantities speech see federal election massachusetts citizens life modern technology disclosure offers particularly effective means arming voting public information observed congress regard disclosure partial measure buckley perception understandable world information campaign contributions filed fec offices therefore virtually inaccessible average member public see brief cause action institute amicus curiae today given internet disclosure offers much robust protections corruption see citizens supra reports databases available fec web site almost immediately filed supplemented private entities massive quantities information accessed click mouse disclosure effective degree possible time buckley even mcconnell decided existing aggregate limits may fact encourage movement money away entities subject individuals direct contributions limited donors may turn avenues political speech see citizens supra individuals example contribute unlimited amounts organizations required publicly disclose donors see organizations spent million independent expenditures election cycle oral argument government shifted focus buckley anticircumvention rationale argument aggregate limits deter corruption regardless ability prevent circumvention base limits see tr oral arg government argued opportunity corruption whenever large check given legislator even check consists contributions within base limits appropriately divided among numerous candidates committees aggregate limits argument goes ensure check amount become large new rationale aggregate limits embraced dissent see post wash dangerously broadens circumscribed definition quid pro quo corruption articulated prior cases targets corruption general support political party analyzing base limits buckley made clear risk corruption arises individual makes large contributions candidate officeholder see buckley analysis aggregate limit feca similarly confined noted aggregate limit guarded individual funneling circumvention massive amounts money particular candidate emphasis added reiterated understanding several times see national conservative political action quid pro quo corruption occurs lected officials influenced act contrary obligations office prospect financial gain infusions money campaigns emphasis added citizens rent fair housing berkeley buckley holding contribution limits permissible relates perception undue influence large contributors candidate mcconnell opinion kennedy quid pro quo corruption buckley involved contributions flowed particular candidate benefit emphasis added course candidate pleased donor contributed candidate also candidates party party committees pacs supporting party clear administrable line money beyond base limits funneled identifiable way candidate candidate feels obligated money within base limits given widely candidate party candidate like members party feels grateful donors furnish widely distributed support within applicable base limits members party supporters cause may benefit leaders party cause may feel particular gratitude gratitude stems basic nature party system party members join together common political beliefs citizens choose support party share beliefs see tashjian republican party recast shared interest standing alone opportunity quid pro quo corruption dramatically expand government regulation political process cf california democratic party jones recognizing government role play structuring monitoring election process rejecting proposition party affairs public affairs free first amendment protections government suggests solicitation large contributions poses danger corruption see tr oral arg see also post aggregate limits limited direct solicitation officeholder candidate cf mcconnell supra opinion kennedy rejecting ban soft money contributions national parties approving ban solicitation contributions direct necessary regulation federal candidates officeholders receipt quids occasion consider law specifically ban candidates soliciting donations within base limits go many candidates add large sum purposes enough aggregate limits issue directed specifically candidate behavior past years campaign finance jurisprudence focused need preserve authority government combat corruption without time compromising political responsiveness heart democratic process allowing government favor participants process others edmund burke explained famous speech electors bristol representative owes constituents exercise mature judgment judgment informed strictest union closest correspondence unreserved communication constituents speeches right hon edmund burke burke ed constituents right support candidates share views concerns representatives follow constituent orders expected cognizant responsive concerns responsiveness key concept elected officials government strong interest less critical democratic system combatting corruption appearance however held interest must limited specific kind corruption quid pro quo corruption order ensure government efforts effect restricting first amendment right citizens choose shall govern reasons set forth conclude aggregate limits contributions governmental interest accepted legitimate buckley instead intrude without justification citizen ability exercise fundamental first amendment activities buckley judgment district reversed case remanded proceedings ordered thomas concurring judgment shaun mccutcheon et appellants federal election commission appeal district district columbia april justice thomas concurring judgment adhere view decision buckley valeo per curiam denigrates core first amendment speech overruled see randall sorrell thomas concurring judgment federal election beaumont thomas dissenting federal election colorado republican federal campaign colorado ii thomas dissenting nixon shrink missouri government pac thomas dissenting colorado republican federal campaign comm federal election colorado thomas concurring judgment dissenting part political speech primary object first amendment lifeblood people colorado ii supra thomas dissenting contributions political campaigns less direct expenditures generate essential political speech fostering discussion public issues candidate qualifications shrink missouri supra thomas dissenting see also buckley recognized contribution expenditure limits operate area fundamental first amendment activities implicate fundamental first amendment interests instead treating political giving political spending alike buckley distinguished two embracing bifurcated standard review contribution limits receive less rigorous scrutiny explained analytic foundation buckley tenuous beginning continued erode intervening years shrink missouri supra thomas dissenting justify lesser standard review contribution limits buckley relied premise contributions different kind direct expenditures none bases premise withstands careful review linchpin analysis assertion hile contributions may result political expression spent candidate association present views voters transformation contributions political debate involves speech someone contributor rationale quickly breaks given ven case direct expenditure usually facilitates dissemination spender message instance advertising agency television station colorado supra opinion thomas moreover since rejected approach affording insufficient first amendment protection voices modest means opposed sufficiently wealthy able buy expensive media ads resources federal election national conservative political action see shrink missouri supra thomas dissenting remaining justifications buckley provided also flawed example buckley claimed contribution limits entail marginal speech restriction contribution serves general expression support candidate views communicate underlying basis support never required speaker explain reasons position order obtain full first amendment protection instead consistently held speech protected even underlying basis position given shrink missouri supra thomas dissenting see city ladue gilleo sign reading peace gulf texas johnson flag burning tinker des moines independent community school black armband signifying opposition vietnam war see also colorado supra opinion thomas even pure message support unadorned reasons valuable democratic process equally unpersuasive buckley suggestion contribution limits warrant less stringent review quantity communication contributor increase perceptibly size contribution size contribution provides rough index intensity contributor support candidate contributions increase quantity communication amplifying voice candidate help ing ensure dissemination messages contributor wishes convey shrink missouri supra thomas dissenting also serve quantifiable metric intensity particular contributor support demonstrated frequent practice giving different amounts different candidates buckley simply failed recognize accorded full first amendment protection expressions intensity see also cohen california protecting use obscenity emphasis although today decision represents faithful application precedents plurality discussion buckley omits reference discarded rationales instead plurality alludes buckley last remaining reason devaluing political contributions relative expenditures see ante quoting buckley relevant sentence buckley reads follows limitation amount money person may give candidate campaign organization thus involves little direct restraint political communication permits symbolic expression support evidenced contribution way infringe contributor freedom discuss candidates issues ibid proposition read full squared key premise today decision among government justifications aggregate limits set forth bipartisan campaign reform act bcra individual engage act contributing many entities wishes brief appellee government contends aggregate limits constitutional long individual still contribute token amount dime example preferred candidates plurality quite correctly rejects argument noting answer say individual simply contribute less money people ante require one person contribute lower levels others wants support candidates causes impose special burden broader participation democratic process ibid plurality recognize logic also defeats reasoning buckley plurality purports rely plurality analysis limiting amount money person may give candidate impose direct restraint political communication aggregate limits issue create special burden broader participation democratic process ibid wholly agreement plurality conclusion point government may penalize individual exercis ing first amendment rights ibid quoting davis federal election regret plurality acknowledge today decision although purporting overrule buckley continues chip away footings sum remains buckley rule without rationale contributions expenditures simply two sides first amendment coin efforts distinguish two produced mere word games rather cognizable principle constitutional law buckley supra burger concurring part dissenting part reason overrule buckley subject aggregate limits bcra strict scrutiny surely fail see colorado opinion thomas convinced traditional strict scrutiny broad prophylactic caps spending giving political process unconstitutional case represents yet another missed opportunity right course campaign finance jurisprudence restoring standard faithful first amendment undertake reexamination remain halfway house design shrink missouri kennedy dissenting reasons concur judgment breyer dissenting shaun mccutcheon et appellants federal election commission appeal district district columbia april justice breyer justice ginsburg justice sotomayor justice kagan join dissenting nearly years ago buckley valeo per curiam considered constitutionality laws imposed limits upon overall amount single person contribute federal candidates political parties committees taken together held limits violate constitution accord mcconnell federal election citing approval buckley aggregate limits holding buckley focused upon problem concerns today wrote overall ceiling impose ultimate restriction upon number candidates committees individual may associate means financial support quite modest restraint upon protected political activity serves prevent evasion contribution limitation person might otherwise contribute massive amounts money particular candidate use unearmarked contributions political committees likely contribute candidate huge contributions candidate political party limited additional restriction freedom imposed overall ceiling thus corollary basic individual contribution limitation found constitutionally valid today majority overrules holding wrong conclusion rests upon view facts legal analysis faulty misconstrues nature competing constitutional interests stake understates importance protecting political integrity governmental institutions creates loophole allow single individual contribute millions dollars political party candidate campaign taken together citizens federal election today decision eviscerates nation campaign finance laws leaving remnant incapable dealing grave problems democratic legitimacy laws intended resolve plurality concludes aggregate contribution limits ily abridg first amendment rights ante quoting buckley supra notes individuals wish spen amounts money order communicate political ideas sophisticated means ante quoting federal election national conservative political action ncpac aggregate contribution ceilings limit individual ability engage broader participation democratic process insufficiently advancing legitimate governmental objective ante hence plurality finds violate constitution plurality conclusion rests upon three separate related claims fatally flawed first plurality says given base limits contributions political committees aggregate limits independent governmental objective worthy protection given base limits pending large sums money connection elections give rise corruption ante making argument plurality relies heavily upon narrow definition corruption excludes efforts obtain access elected officials political ibid quoting citizens supra accord ante second plurality assesses instrumental objective aggregate limits namely safeguarding base limits finds serve function meaningful way ante even without aggregate limits possibilities circumventing base limits implausible divorced reality ante third plurality says aggregate limits policy tool rather poorly tailored government interest preventing circumvention base limits ante quoting board trustees state univ fox plurality imagines several alternative regulations says might effectively thwart circumvention accordingly finds aggregate caps anticorruption interest served ante quoting fox supra ii plurality first claim large aggregate contributions give rise corruption plausible plurality defines corruption narrowly plurality describes constitutionally permissible objective campaign finance regulation follows congress may target specific type corruption pro quo corruption ante defines quid pro quo corruption mean direct exchange official act money act akin bribery ante adds specifically corruption include efforts garner access elected officials political parties ante quoting citizens supra moreover government efforts prevent appearance corruption equally confined appearance quid pro quo corruption narrowly defined ante plurality view federal statute prevent individual writing million dollar check political party donating various committees rationale limit dangerously broade circumscribed definition quid pro quo corruption articulated prior cases ante critically important definition corruption inconsistent prior case law possible exception citizens explain virtually impossible reconcile decision mcconnell upholding bipartisan campaign reform act bcra misunderstands constitutional importance interests stake fact constitutional interests indeed first amendment interests lie sides legal equation reality history campaign finance reform shows earlier cases subject recognized anticorruption interest drives congress regulate campaign contributions far broader important interest plurality acknowledges interest maintaining integrity public governmental institutions interest rooted constitution first amendment consider least one reason first amendment protects political speech speech exist vacuum rather political communication seeks secure government action politically oriented marketplace ideas seeks form public opinion influence elected representatives new idea years ago justice brandeis wrote first amendment protection speech essential effective democracy whitney california concurring opinion chief justice hughes reiterated idea shortly thereafter fundamental principle constitutional system maintenance opportunity free political discussion end government may responsive people stromberg california emphasis added citizens stated peech essential mechanism democracy means hold officials accountable people emphasis added framers good reason emphasize connection political speech governmental action influential continental philosopher argued representative democracy people lose control representatives elections interim periods chains rousseau inquiry nature social contract transl framers responded criticism requiring frequent elections federal office enacting first amendment facilitate chain communication people committed exercise powers government wilson commentaries constitution america chain establish necessary communion interests sympathy sentiments people representatives public opinion channeled effective governmental action federalist cooke ed madison accord benton abridgement debates congress explaining first amendment strengthen american democracy giving right address representatives advise sentiments petition whole quoting james madison accordingly first amendment advances individual right engage political speech also public interest preserving democratic order collective speech matters corruption everything corruption corruption breaks constitutionally necessary chain communication people representatives derails essential tie enough money calls tune general public heard insofar corruption cuts link political thought political action free marketplace political ideas loses point one reason stressed constitutional importance congress concern large donations drown voices many see buckley also used phrase subversion political process describe circumstances lected officials influenced act contrary obligations office prospect financial gain infusions money campaigns ncpac see also federal election national right work government interests preventing corruption directly implicate integrity electoral process internal quotation marks citation omitted see generally post citizens divided campaign reform constitution forthcoming arguing efficacy american democracy depends electoral integrity responsiveness public officials public opinion appearance corruption make matters worse lead public believe efforts communicate representatives help sway public opinion little purpose cynical public lose interest political participation altogether see nixon shrink missouri government pac cynical assumption large donors call tune jeopardize willingness voters take part democratic governance democracy often said work unless people faith govern mississippi valley generating upshot interests long described preventing corruption appearance corruption ordinary factors weighed constitutional right political speech rather interests rooted first amendment rooted constitutional effort create democracy responsive people government laws reflect thoughts views ideas sentiments expression first amendment protects given end understand campaign finance laws resting upon broader significant constitutional rationale plurality limited definition corruption suggests see laws seeking significant part strengthen rather weaken first amendment say deny potential conflict need permit contributions pay diffusion ideas need limit payments order help maintain integrity electoral process conflict takes place within outside first amendment boundaries since kinds corruption destroy link public opinion governmental action extend well beyond plurality describes plurality notion corruption flatly inconsistent basic constitutional rationale described thus surprise one case law citizens excepted insists upon considerably broader definition buckley instance said explicitly aggregate limits constitutional helped prevent evasion huge contributions candidate political party contrary plurality today seems believe see ante moreover buckley upheld base limits significant part helped thwart appearance corruption stemming public awareness opportunities abuse inherent regime large individual financial contributions emphasis added said congress reasonably conclude criminal laws forbidding giving taking bribes adequately deal reality appearance corruption bribery laws recognized address blatant specific attempts money influence governmental action ibid concern corruption extends cases put matter yet strongly beaumont example found constitutional ban direct contributions corporations need prevent corruption properly understood quid pro quo agreements also undue influence officeholder judgment federal election beaumont federal election colorado republican federal campaign rado ii upheld limits imposed upon coordinated expenditures among parties candidates found thwarted corruption appearance understood including undue influence wealthy donors shrink missouri upheld limitations imposed missouri legislature upon contributions state political candidates need prevent bribery also broader threat politicians compliant wishes large contributors important mcconnell considered constitutionality bipartisan campaign reform act act set new limits soft money contributions political parties soft money referred funds prior bcra freely donated parties activities directly helping elect federal candidate activities voter registration get vote drives advertising expressly advocate federal candidate election defeat bcra imposed new ban soft money contributions national party committees greatly curtailed respect state local parties mcconnell upheld new contribution restrictions first amendment reason plurality today discounts ignores namely found thwarted significant risk corruption understood quid pro quo bribery privileged access pernicious influence upon elected representatives reaching conclusion mcconnell relied upon vast record compiled district record consisted pages material included testimony witnesses see supp dc per curiam showed detail web relationships understandings among parties candidates large donors underlies privileged access influence see mcconnell district judges mcconnell made clear record contain evidence bribery vote buying exchange donations nonfederal money supp opinion emphasis added indeed one identified single discrete instance quid pro quo corruption due soft money opinion henderson record demonstrate enormous soft money contributions ranging million million among largest donors enabled wealthy contributors gain disproportionate access federal lawmakers ability influenc legislation opinion indisputable link generous political donations opportunity opportunity make one case directly member congress testimony elected officials supported conclusion see ibid donors hard soft money receive special simpson including soft money donations political parties affect congress operates natural happens often busy senator minutes spare spend minutes returning call large soft money boren minimum large soft money donations purchase opportunity donors make case elected officials mccain furthermore testimony party operatives showed national political parties created major donor programs openly offer ed greater access federal office holders donations gr larger placed appendix examples kind evidence filled district record mcconnell upheld bcra limitations soft money contributions relying kind evidence described wrote evidence record shows candidates donors alike fact exploited loophole former increase prospects election latter create debt part officeholders plaintiffs argue without concrete evidence instance federal officeholder actually switched vote exchange soft money congress shown exists real apparent corruption laintiffs conceive corruption narrowly cases firmly established congress legitimate interest extends beyond preventing simple corruption curbing influence officeholder judgment appearance influence quoting colorado ii emphasis added paragraphs paragraph breaks omitted specifically rejected efforts define corruption ways similar plurality today accepts added troubling functioning democracy classic quid pro quo corruption danger officeholders decide issues merits desires constituencies according wishes made large financial contributions valued officeholder insofar today decision sets forth significantly definition corruption hence public interest political integrity flatly inconsistent mcconnell one case however contains language offers plurality support case citizens plurality points ante said hen buckley identified sufficiently important governmental interest preventing corruption appearance corruption interest limited quid pro quo corruption said quid pro quo corruption include influence access elected officials favoritism influence theory odds standard first amendment analyses ibid quoting mcconnell supra kennedy concurring judgment part dissenting part treat statements citizens essential holding case least insofar read require federal law treat corporations trade unions like individuals independently pay television advertising last days federal election citizens supra taken literally statements cited simply refer characterize cases require absolute reading plurality gives read plurality reads today statements citizens proper contours corruption rationale conflict language mcconnell opinion mcconnell holding see supra citizens intend overrule mcconnell doubt certainly dissent said something total silence opinions citizens respect matter argues strongly favor treating language quoted dictum overstatement limited context appears citizens contains language supports last mentioned reading says buckley extend rationale reality appearance corruption independent expenditures emphasis added adds bcra record establishes certain donations political parties called money made gain access elected officials case however independent expenditures soft money emphasis added plurality use citizens narrow definition corruption however different matter use come accompanied limiting context independent expenditures corporations unions limiting language applies whole campaign finance regulation pointed flatly inconsistent broader definition corruption upon mcconnell holding depends intend today overrule mcconnell intend leave mcconnell bcra place plurality says latter ante holding constitutionality aggregate limits clearly overrule mcconnell holding plurality explain rejection broader definition corruption upon mcconnell holding depends compare ante mcconnell iii plurality invalidates aggregate contribution limits second reason believes longer needed prevent contributors circumventing federal limits direct contributions individuals political parties political action committees ante cf buckley aggregate limits prevent evasion base contribution limits campaign finance laws combined experience common sense foreclose various circumvention scenarios government hypothesizes ante accordingly plurality concludes aggregate limits provide added benefit plurality wrong buckley absence limits aggregate political contributions donors likely find ways channel millions dollars parties individual candidates producing precisely kind corruption appearance corruption previously led hold aggregate limits constitutional opportunities circumvention also produce type corruption concerns plurality today methods using today opinion evade law individual contribution limits complex well known become well known party fundraisers shall describe three example one gifts benefit party campaign finance law permits individual give two years national party committee fed reg two major political parties three national committees ante federal law also entitles individual give state party committee two years major political party committees individual limits mean absence aggregate limit individual legally give republican party democratic party million two years see appendix table infra make easier contributors give gifts size party create joint party committee comprising national state party committees titular heads speaker house representatives minority leader house contributor write single check joint party committee staff divide funds constituent unit receives obtain contributor directly national committee two years state committee today decision total size rich donor check joint party committee capped aggregate limit donations political parties election cycle see fed reg today decision rich donor write single check joint party committee amount million political parties seek large checks recipient national state committees spend money buy generic party advertisements say television commercials bumper stickers saying support republicans support democrats like also transfer money party committees battleground increase chances winning hotly contested seats see permitting national state political committees make unlimited transfers committees political party party officials candidates solicit large contributions wealthy donors absolutely contributions help increase party power well candidate standing among colleagues elected officials particularly grateful large donor feeling obliged provide special access influence perhaps even quid pro quo legislative favor previously believed see mcconnell large donations candidate officeholder behest give rise corruption concerns posed contributions made directly candidate officeholder opinion kennedy making solicited gift quid recipient money one solicits payment colorado ii explaining candidate become player party beyond race directing donations party making sure party knows raised money donor influence multiplied instances statements collected appendix infra make clear believed good reason example two donations individual candidates million check first example significantly understates problem federal election law also allows single contributor give party candidate election cycle assuming candidate running primary general election fed reg party candidates house seats party candidates senate seats given election year makes additional million allowable contributions thus without aggregate limit law permit wealthy individual write check election cycle million benefit political party candidates see appendix table infra make easier wealthy donor make contribution size parties simply enlarge composition joint party committee described example one includes party candidates party proliferate joint entities perhaps calling first smith victory committee second jones victory committee like see cfr say perhaps transparent name might call play certain earmarking rules federal election commission fec database joint fundraising committees shows similarly named entities landrieu wyden victory fund said without aggregate limit law allow rich donor write single check say smith victory committee million check represents total amount contributor contribute participants committee cycle committee operate agreement provides formula allocation fundraising proceeds among constituent units formula divide proceeds committee candidate receives received rich donor directly see wrong check considerably larger example one check anything else wrong answer yes absolutely law also permit party candidates shift rich donor contributions single candidate say smith law permits candidate party committee smith victory committee write candidate smith check directly primary general elections combined write checks candidate authorized campaign committee state national committee cfr yields potential candidates plus party committees thus law permits candidates party entities redirect million rich donor million check candidate smith also permits state national committees contribute smith general election campaign making coordinated expenditures amounts range million general election depending upon size smith state whether running house senate seat fed reg see appendix table infra upshot candidate smith receive least million possibly full million contributed rich donor smith victory committee even though funds must first divided among constituent units rerouted smith nothing requires smith victory committee explain advance rich donor various transfers take place nothing prevents entities committee informing donor receiving candidate fact transpired accordingly money donated rerouted candidate smith without donor violated base limits fec regulation evidence mcconnell record reprinted appendix infra respect soft money contributions makes clear candidate smith almost certainly come learn received money parties apply procedure large donations channeling money rich donor two candidate jones candidates face particularly tight races party committees party candidates may work together channel rich donor one multimillion dollar contribution embattled candidate candidate smith rich donor two multimillion dollar contribution second embattled candidate candidate jones line count evasion base limits present aggregate limits confine size individual gift today opinion creates loophole measured millions example three proliferating political action pacs campaign finance law prohibits individual contributing candidate federal election cycle pac calendar year fed reg also prohibits pac contributing candidate election cycle law prohibit individual contributing within current biannual aggregate limit unlimited total number pacs speak lies rub without aggregate limits party able channel million ten rich donors ten embattled candidates groups party supporters individuals corporations trade unions create pacs pac claims use funds raises support several candidates party though favor endangered pac qualifies multicandidate status received contributions persons made contributions five federal candidates point previously cfr election cycle rich donor one gives pac per year yielding million total rich donor eight rich donors brings total donations million disbursed among pacs pac collected use money write ten checks ten embattled candidates party two years see appendix table infra every embattled candidate receiving check pacs collected million upshot ten rich donors contributed million ten embattled candidates collected million example unlike example two recipient candidates may know ten rich donors personally responsible million receives recipient candidate highly likely know ten rich donors feel appropriately grateful moreover ability small group donors contribute kind money threatened candidates insignificant example ten rich donors giving million ten embattled candidates receiving million contributions enough finance considerable portion perhaps candidates races elections see appendix table infra showing average winning house candidate spent million average winning senate candidate spent million plurality believes three scenarios depicted either pose threat take place believe scenario depicted example one cause concern involves general support political party ante candidate solicits multimillion dollar check party deeply grateful checkwriter surely reward quid pro quo favor plurality discounts scenarios depicted example two example three finds circumvention tactics illegal current campaign finance laws implausible divorced reality ante plurality view depends large part upon claim since decided buckley changes either statutory law applicable regulations come make difficult impossible circumvention scenarios arise hence concludes longer need aggregate contribution limits see ante closer examination five legal changes plurality points makes clear changes effectively stop abuses depicted first plurality points months decided buckley congress added limits contributions political committees pacs ante accord stat codified example three example takes account limits namely pac given year shows limit matter much comes potential circumvention long party supporters create dozens hundreds pacs federal law places upper limit number pacs supporting party group party candidates established creating pac primarily matter paperwork knowledgeable staff person little time second plurality points congress also added antiproliferation rule prohibiting donors creating controlling multiple affiliated political committees ante rule provides contributions made political committees established financed maintained controlled corporation labor organization person group persons shall considered made single political committee different supporters create different pacs indeed roughly nonconnected pacs pacs connected specific corporation labor union operating elections ante future without aggregate contribution limits far nonconnected pacs likely appear plurality also notes fec examine certain factors overlapping patterns contributions determine whether group pacs affiliated ante quoting cfr ii ultimate question affiliation inquiry whether one committee organization established financed maintain controlled another committee sponsoring organization ibid group multicandidate pacs support party decide donate funds group endangered candidates party mean qualify affiliated relevant definition rule appears inadequate stop sort circumvention depicted example three third plurality says regulation strengthened statute earmarking provision ante namely plurality points rule promulgated fec specifying earmarking includes designation direct indirect express implied oral written ibid quoting cfr accord fed reg means rich donor give pac designat ing way money go candidate smith funds must count towards rich donor total allowable contributions smith per election cycle virtually identical earmarking provision effect decided buckley required thing provision also counted applying base contribution limits contributions made person either directly indirectly behalf particular candidate including contributions way earmarked otherwise directed intermediary conduit candidate stat accord difference fourth plurality points fec regulations specify individual contributed particular candidate committee may also contribute committee candidate ante citing cfr emphasis added regulations however prevent person contributed candidate also contributing multicandidate committees support candidate indeed rules specifically authorize contributions see person may contribute candidate also contribute political committee supported anticipates supporting candidate election long political committee candidate principal campaign committee single candidate committee emphasis added example three illustrates latter kind contribution briefs us make clear possibility circumventing base limits making contributions realistic illusory one see brief appellee demonstrating many pacs today explain public materials fairly small group candidates intend support brief americans campaign reform amicus curiae similar fifth plurality points another fec regulation also added says individual contributed candidate may also contribute political committee supported anticipates supporting candidate individual knows substantial portion contribution contributed expended behalf candidate ante quoting cfr brackets original accord fed reg regulation important principle fec might use prevent circumstances examples two three set forth arising surprising plurality relies upon existence rule describes circumstances implausible illegal divorced reality ante fact however regulation strong weapon plurality imagines despite plurality assurances disarm possibilities circumvention ante regulation requires showing donors knowledge substantial portion contributions used pac support candidate already contributed emphasis added knowledge hard prove found nine fec cases decided since year refer regulation one fec failed find requisite knowledge despite presence example two example three circumstances see factual legal analysis transfund pac matter review mur fec june although donor might reasonably infer portion contribution candidate leadership pac used support candidate inference alone suggest factual legal analysis john shadegg friends mur pp fec basis conclude donors knew funds contributed lead pac used support shadegg committee even though congressman shadegg solicited donations lead pac congressman shadegg leadership pac factual legal analysis walberg congress mur pp fec finding seven contributors gave candidate pac provided candidate financing shown knowledge factual legal analysis matt brown senate mur fec apr though may reasonable infer individual donors solicited brown gave state parties assumption portion contribution might donated brown committee inference alone insufficient find reason believe cfr violated first general counsel report liffrig senate mur pp fec similar first general counsel report nesbitt mur pp fec similar first general counsel report keystone mur pp fec similar general counsel report boston capital mur pp fec mar recommending fec take action respect issue given record fec activity reaction plurality reliance upon agency enforcement rule adequate substitute congress aggregate limits like oscar wilde reading dickens account death little nell one must heart stone said wilde read without laughing oxford dictionary humorous quotations sherrin ed found one contrary example single example plurality refers ante citing conciliation agreement riley murs fec case fec found probable cause believe three individual contributors several pacs requisite knowledge pacs use substantial portion contributions support candidate already contributed sam brownback candidate senate two contributors robert riley candidate house third individuals made donations several pacs operating network direction single political consulting firm two contributors sam brownback fec believed might using pac network channel extra support contributor robert riley son fec believed might facts case unusual individual contributors typically relatives candidates seeking support ordinary pacs tend work coordination direction firm event single swallow make plurality summer thus surprising throughout many years fec regulation effect political parties candidates established ever joint fundraising committees numbering last federal elections candidates established ever leadership pacs numbering last elections party supporters established ever multicandidate pacs numbering last elections see appendix tables infra fec committee summary reporting number qualified multicandidate pacs online http internet materials visited mar available clerk case file using entities candidates parties party supporters transfer told transferred large sums money specific candidates thereby avoiding base contribution limits ways examples two three help demonstrate see brief appellee brief campaign legal center et al amici curiae brief democratic members house representatives amici curiae done without drawing fec prosecution least according apparently plurality search publicly available records likely real world methods achieving circumvention subtle complex stylized examples two three depict persons used entities channel money candidates without individual breaching current aggregate limit plurality removes limit thereby permitting wealthy donors make aggregate contributions several millions dollars fec regulation failed plug small hole possibly plug large one iv plurality concludes even circumvention threat aggregate limits poorly tailored address ante first amendment requires fit reasonable fit several alternative ways congress prevent evasion base limits ibid quoting fox instance plurality posits congress fec tighten transfer rules require contributions current aggregate limits deposited segregated nontransferable accounts spent recipients define many candidates pac must support order ensure substantial portion donor contribution rerouted certain candidate prohibit donors contributed current maximum sums contributing political committees indicated support candidates donor already contributed ante quoting cfr plurality however show try show hypothetical alternatives effectively replace aggregate contribution limits indeed even opine validity particular proposal ante presumably proposals subject constitutional challenges part alternatives plurality mentions similarly available time buckley hypothetical presence prevent upholding aggregate limits continued hypothetical presence lead plurality conclude aggregate limits poorly tailored see ante continued hypothetical presence lead overrule buckley sum explanation aggregate limits needed complicated explanation methods work conclusion simple substantial mismatch congress legitimate objective means selected achieve ante buckley hold aggregate contribution limits constitutional district case holding buckley foreclosed mccutcheon constitutional challenge aggregate limits granted government motion dismiss complaint prior full evidentiary hearing see supp dc plurality believes district wrong return case evidentiary development yet taken place past evaluating constitutionality campaign finance restrictions typically relied upon evidentiary record amassed determine whether law served compelling governmental objective typically record contained testimony members congress state legislators explaining congress legislature acted see mcconnell upholding federal restrictions soft money drawing extensive district record contained declarations current former members congress colorado ii upholding federal limits coordinated expenditures parties candidates basis summary judgment record contained declarations party operatives fundraisers members congress shrink missouri upholding missouri contribution limits basis lower record contained similar declarations overturn act congress basis similar record one thing evidentiary record help us determine whether extent defer congress judgments particularly reflecting balance countervailing first amendment interests described determining whether anticorruption objectives justify particular set contribution limits requires answering empirically based questions applying significant discretion judgment extent unrestricted giving lead corruption appearance forms corruption take extent lack regulation undermine public confidence democratic system extent regulation restore kinds questions easily answered questions congress far better suited resolve judges thus review contribution limits rigorous buckley also recognized deference legislative choice warranted beaumont deference taken account facts circumstances set forth evidentiary record another thing comparison plurality opinion dissent reveals important differences opinion matters disagree example possibilities circumvention base limits absence aggregate limits disagree effectively plurality alternatives prevent evasion evidentiary proceeding permit parties explore matters permit courts reach accurate judgment plurality rationalizes haste forgo evidentiary record noting parties treated question purely legal one ante without doubt legal question whether aggregate limits closely drawn compelling governmental turns factual questions whether corruption absence limits realistic threat democracy plurality spends pages citing figures campaign spending defend legal conclusion ante problem reasoning expertise lie marshaling facts primary instance past answering similar questions constitutionality restrictions campaign contributions relied extensive evidentiary record produced inform decision without development record however fail see plurality find grounds overturning buckley justification aggregate contribution restrictions strongly rooted need assure political integrity ultimately first amendment part ii supra threat integrity posed risk special access influence remains real part iii supra even taking plurality terms considering solely threat quid pro quo corruption exchanges aggregate limits necessary tool stop circumvention ibid basis finding lack fit threat means used combat namely aggregate limits part iv supra plurality reaches opposite conclusion result said outset decision substitutes judges understandings political process works understanding congress fails recognize difference influence resting upon public opinion influence bought money alone overturns key precedent creates huge loopholes law undermines perhaps devastates remains campaign finance reform respect dissent appendixes existence large donations expert report election cycle top nonfederal money donors made contributions ranging soft money financing party campaigning exploded election cycle soft money spending national parties reached million total spending raising half billion dollars soft money took major effort national parties elected officials advantage focusing efforts large donors top soft money donors contributed supp opinion citing mann expert report pp candidate solicitation large donations judicial finding fact common practice members congress involved raising federal dollars national party committees sometimes parties request personal involvement members congress major component raising federal nonfederal funds supp senator paul simon congress democratic congressional campaign committee dccc democratic senatorial campaign committee dscc ask members make phone calls seeking contributions party assign list names people known previously go list certain found effective members make calls ibid quoting simon decl senator john mccain parties encourage members congress raise large amounts soft money benefit others one recent caucus meeting member congress praised raising million dollars party james greenwood republican congressman pennsylvania recently told new york times house leaders consider soft money fundraising prowess assigning chairmanships jobs share greenwood concerns quoting mccain decl representative christopher shays money raised directly federal candidates officeholders national political party leaders national party officials often raise funds promising donors access elected officials national parties national congressional campaign committees also request members congress make calls soft money donors solicit funds quoting shays decl representative marty meehan congress raise money national party committees involved democratic party request party members congress go dccc call prospective donors lists provided party ask participate party events dccc dinners democratic national committee dnc dinners lists typically consist persons contributed democratic party past supp quoting meehan decl republican national committee fec dc lobbyist though soft money contributions often go political parties money given contributors close recognized members presidents administration officials power members party staffers party chairs raise much large soft money contributions supp quoting robert rozen decl partner lobbying firm senator fred thompson gone basically small donor system average person believed stake believed voice one extremely large amounts money player unless range quoting cong rec former dnc official former dnc dscc official current lobbyist robert hickmott testifies even incumbents safe seats incentives raise money parties explains raising money reelection sometimes raise money senators challengers send dscc ask entered another candidate tally might example planning run leadership position wanted obtain support senators assisted personally benefit addition part help retain democratic control senate preserve legislative power democratic senators supp quoting hickmott exh judicial finding fact dscc maintains program credits nonfederal money raised senator candidate senator candidate state party amounts credited state party reflect senator candidate solicited donation serve donor sign tacit support state party senate candidate supp citation omitted judicial finding fact federal candidates also raise nonfederal money joint fundraising committees formed national committees one common method joint fundraising national congressional committee form separate joint fundraising committee federal candidate committee two experts characterize joint fundraising system one senate candidates effect raise soft money use races quoting krasno sorauf expert report citation omitted donor access influence judicial finding fact fact members congress intimately involved raising money political parties particularly unlimited nonfederal money donations creates opportunities corruption record contain evidence bribery vote buying exchange donations nonfederal money however evidence presented case convincingly demonstrates large contributions particularly nonfederal contributions surpassing federal limits provide donors access federal lawmakers critical ingredient influencing legislation determined constitutes corruption supp judicial finding fact individual donors testify contributions provide access influence federal officeholders issue concern political donor involved political fundraising long enough remember soft money little value federal candidates recent election cycles members national committees asked soft money donors write soft money checks state national parties solely order assist federal campaigns soft money donors ask care money going particular state party party may connection matters donor done member asked quoting wade randlett chief executive officer dashboard technology decl political donor result soft money donation dnc offered chance attend events president including events white house number times offered special access supp quoting arnold hiatt decl senator alan simpson often members first thought right wrong believe affect fundraising seriously contend donation alter way one thinks quite possibly votes issue pay piper finances campaigns never get money piper since money mother milk politics never want situation supp quoting simpson decl senator alan simpson donors hard soft money receive special treatment matter busy politician may day always make time see donors gave large amounts money staffers work members know big donors people always get phone calls returned first allowed see member others supp quoting simpson decl senator david boren including soft money donations political parties affect congress operates natural happens often busy senator minutes spare spend minutes returning call large soft money donor rather call constituent know experience interactions senators feel beholden large donors supp quoting boren decl senator dale bumpers senator bumpers members even keep lists big donors offices stated good democratic good republican member aware gave money party supp quoting bumpers decl representative christopher shays candidates know makes huge contributions donors expect candidates solicit funds meet big donors important issues pending government sometimes candidates party position appear change meetings supp quoting cong rec senator warren rudman soft money fact distort legislative process affect gets done gets done affect senators house members see spend time input get supp quoting rudman decl senator paul simon realize argue donors buy favors buy access access abuse affects us feel sense gratitude support people afford give party committee people receive substantially better access elected federal leaders people afford smaller contributions afford make contributions increase amount people allowed give let people give without limit parties increase danger unfair access supp quoting simon decl senator john mccain minimum large soft money donations purchase opportunity donors make case elected officials way average citizens supp quoting mccain decl senator warren rudman understand opposed passage bipartisan campaign reform act challenge constitutionality dare elected officials point specific instances vote buying think misses point altogether access influence accorded large donors inherently endemically hopelessly corrupting ca swim ocean without getting wet ca part system without getting dirty supp quoting rudman decl judicial finding fact lobbyists state clients make donations political parties achieve access supp letter republican national committee rnc staffer know executive generous rnc way assist obtaining appointment important senator greatly appreciated quoting memorandum tim barnes rnc royal roth letter rnc letter rnc senator hagel staffer asks senator hagel meet donor four reasons including contributed rnc ibid quoting letter judicial record judicial finding fact political parties structured donation programs donors encouraged contribute larger amounts order get access exclusive intimate events members congress present evidence also shows parties use enticement access secure larger quoting document judicial record table donations support party base limit per year number committees years total contributions per cycle national party committees state party committees total source see fed reg table million check base limit per election number candidates years elections total per cycle national party committees state party committees candidates senate candidates house total source see fed reg table circumvention million check direct contributions candidate per election number candidates total direct contributions per cycle national party committees state party committees candidates senate candidates house total direct contributions independent expenditures ies per general election total ies per general election house candidate senate candidate national party committees min min min state party committees min min min total ies min min min senate candidate fed reg state one house seat figure one house seat figure figure ranges del million cal depending state population ibid source see cfr fed reg table proliferating pacs base limit per year number pacs years total contributions per cycle rich donor one rich donor two rich donor three rich donor four rich donor five rich donor six rich donor seven rich donor eight rich donor nine rich donor ten total contributions pacs donors total contributions donor base limit per election number pac one pac two pac three etc etc etc etc pac total contributions pacs candidates total contributions candidate source table costs federal seat elections house average house winner spent average house loser spent average winner receipts pacs senate average senate winner spent average senate loser spent average winner receipts pacs source center responsive politics election stats online http table leadership pacs number leadership pacs contributing federal candidates total contributed federal candidates elections elections elections elections elections elections elections source center responsive politics leadership pacs online http table joint fundraising committees number joint fundraising committees senate related house related elections elections elections source federal election commission online http footnotes six authorized national party committees republican national committee democratic national committee national republican senatorial committee democratic senatorial campaign committee national republican congressional committee democratic congressional campaign committee see pac business labor interest group raises spends money connection federal election cases contributing candidates super pac pac makes independent expenditures contribute candidates base aggregate limits govern contributions traditional pacs independent expenditure pacs see federal election cadc en banc multicandidate pac pac contributors registered least six months made contributions five candidates federal office cfr pacs qualify multicandidate pacs must abide base limit applicable individual contributions dissent contends remand development evidentiary record answering question presented see post opinion breyer parties treated question purely legal one government insisted aggregate limits upheld existing record alone see tr oral arg take case comes us see felsenthal obama attends fundraiser hosted beyonce reuters coleman kid rock supports paul ryan campaign fundraiser rolling stone mason robert duvall host romney fundraiser times july piazza hillary lands rocket man daily news apr fact opinion address base limits also belies dissent concern silently overruled holding mcconnell federal election see post issue mcconnell bcra extension base limits soft money previously unregulated contributions national party committees see see also post appendix opinion breyer excerpts mcconnell record discussing unregulated soft money holding constitutionality aggregate limits clearly overrule mcconnell holding soft money especially odd regard aggregate limits essential enforce base limits state campaign finance schemes typically include base limits aggregate limits eight imposed base limits contributions individuals candidates also imposed aggregate limits excluding restrictions specific subset donors see stat rev stat tit supp md elec law code ann lexis supp mass laws ch west elec law ann west supp laws lexis stat wyo stat ann ii government presents evidence concerning circumvention base limits base limits aggregate limits even premises generous assume donor contributes pacs relatively rare multicandidate pacs contrast must contributors cfr contributors course donor share eventual contribution smith diluted justice department agrees acting assistant attorney general mythili raman recently testified congress anticipate seeing fewer cases conduit contributions directly campaign committees parties individuals corporations wish influence elections officials longer need attempt conduit contribution schemes criminally prosecuted instead likely simply make unlimited contributions super pacs hearing current issues campaign finance law enforcement subcommittee crime terrorism senate committee judiciary addition percentage contributions aggregate limits even used circumvention limited fact many modes potential circumvention used election example one donor gives candidates safe house seats hopes candidate reroute representative smith candidate contested district donor candidates safe seats exhausted permissible contributions smith risk circumvention scheme repeat multiple donors smith