randall et al sorrell et argued february decided june vermont act stringently limits amounts candidates state office may spend campaigns amounts individuals organizations political parties may contribute campaigns soon act became law petitioners individuals run state office citizens vote state elections contribute campaigns political parties committees participating state politics brought suit respondents state officials charged enforcing act district held act expenditure limits violate first amendment see buckley valeo act limits political parties contributions candidates unconstitutional found contribution limits constitutional second circuit held act contribution limits constitutional ruled expenditure limits may constitutional supported compelling interests preventing corruption appearance limiting time state officials must spend raising campaign funds remanded district determine whether expenditure limits narrowly tailored interests held judgment reversed cases remanded reversed remanded justice breyer joined chief justice justice alito concluded parts iii iv act sets limitations inconsistent first amendment pp expenditure limits violate first amendment free speech guarantees buckley pp buckley held inter alia government asserted interest preventing corruption appearance corruption pp respondents argue unpersuasively buckley distinguished present cases ground say buckley consider expenditure limits help protect candidates spending much time raising money rather devoting time campaigning among ordinary voters significant basis distinction act expenditure limits substantially different issue buckley vermont primary justification imposing expenditure limits significantly different congress rationale buckley limits preventing corruption appearance respondents say unpersuasively buckley considered time protection rationale expenditure limits upheld limits feca buckley however aware connection expenditure limits reduction fundraising time event connection seems perfectly obvious circumstances respondents argument amounts invitation limit buckley holding effectively overrule invitation declined pp act contribution limits violate first amendment limits specific details burden protected interests manner disproportionate public purposes enacted advance pp upholding contribution limit buckley recognized inter alia limits unlike expenditure limits involv little direct restraint contributor speech pp although scalpel probe danger signs act contribution limits may fall outside tolerable first amendment limits present substantially lower limits previously upheld comparable limits force consequently record must examined determine whether act contribution limits closely drawn match state interests pp record demonstrates constitutional perspective act contribution limits restrictive five sets factors taken together lead conclusion limits narrowly tailored first record suggests though conclusively prove act contribution limits significantly restrict amount funding available challengers run competitive campaigns second act insistence political party affiliates together abide exactly low contribution limits apply individual contributors threatens harm particularly important political right right associate political party see california democratic party jones although upheld federal limits political parties contributions candidates federal election colorado republican federal campaign limits issue far less problematic significantly higher act limits see much higher federal limits contributions individuals candidates see third act treatment volunteer services aggravates problem although act excludes uncompensated volunteer services contribution definition exclude expenses volunteers incur travel expenses course campaign activities combination low contribution limits absence exception excluding volunteer expenses may well impede campaign ability effectively use volunteers thereby making difficult individuals associate way cf buckley supra fourth unlike contribution limits upheld shrink act limits adjusted inflation decline real value year failure index limits means limits already suspiciously low almost inevitably become low time fifth nowhere record special justification act low restrictive contribution limits rather basic justifications state advanced support limits present buckley indeed things equal one might reasonably believe contribution say candidate campaign less likely prove corruptive force far larger contributions issue campaign finance cases considered pp possible sever act contribution limit provisions others might remain fully operative require write words statute inflation indexing leave gaping loopholes limits party contributions foresee many different possible ways vermont legislature might respond constitutional objections act circumstances legislature likely intended set aside statute contribution limits legislature free rewrite provisions address constitutional difficulties identified pp justice breyer joined chief justice parts rejected respondents argument buckley effect overruled subsequent experience shown contribution limits alone effectively deter corruption appearance stare decisis basic legal principle commanding judicial respect earlier decisions rules law prevents overruling buckley adherence precedent norm departure exceptional requiring special justification arizona rumsey especially principle issue become settled iteration reiteration long period special justification subsequent case law made buckley legal anomaly otherwise undermined basic legal principles cf dickerson demonstration circumstances changed radically undermine buckley critical factual assumptions respondents shown example dramatic increase corruption appearance vermont shown expenditure limits way attack problem cf mcconnell supra finally overruling buckley dramatically undermine considerable reliance congress state legislatures placed upon drafting campaign finance laws followed buckley upholding applying reasoning later cases pp justice alito agreed act expenditure contribution limits violate first amendment concluded respondents backup argument asking revisit buckley valeo need reached failed address considerations stare decisis pp justice kennedy agreed vermont limitations campaign expenditures contributions violate first amendment concluded given skepticism regarding campaign finance jurisprudence see mcconnell federal election appropriate concur judgment pp justice thomas joined justice scalia agreed vermont act unconstitutional disagreed plurality rationale striking statute buckley valeo provides insufficient protection political speech core first amendment therefore illegitimate protected stare decisis overruled replaced standard faithful amendment erred buckley distinguished contribution expenditure limits finding former less severe infringement first amendment rights see nixon shrink missouri government pac contribution expenditure restrictions act subjected strict scrutiny fail see colorado republican federal campaign comm federal election pp breyer announced judgment delivered opinion roberts joined alito joined parts alito filed opinion concurring part concurring judgment kennedy filed opinion concurring judgment thomas filed opinion concurring judgment scalia joined stevens filed dissenting opinion souter filed dissenting opinion ginsburg joined stevens joined parts ii iii neil randall et petitioners william sorrell et al vermont republican state committee et petitioners william sorrell et al william sorrell et petitioners neil randall et al writs certiorari appeals second circuit june justice breyer announced judgment delivered opinion chief justice joins justice alito joins except parts consider constitutionality vermont campaign finance statute limits amounts candidates state office may spend campaigns expenditure limitations amounts individuals organizations political parties may contribute campaigns contribution limitations stat tit et seq hold sets limitations inconsistent first amendment precedent makes clear expenditure limits violate first amendment buckley valeo per curiam contribution limits unconstitutional specific details involving low maximum levels restrictions fail satisfy first amendment requirement careful tailoring say impose burdens upon first amendment interests viewed light statute legitimate objectives disproportionately severe prior vermont campaign finance law imposed limit upon amount candidate state office spend however impose limits upon amounts individuals corporations political committees contribute campaign candidate individuals corporations contribute candidate state office political committees excluding political parties contribute statute imposed limit amount political parties contribute candidates vermont enacted stringent campaign finance law pub act codified stat tit et seq hereinafter act act statute issue act took effect immediately elections imposes mandatory expenditure limits total amount candidate state office spend general election cycle primary plus general election approximately following amounts governor lieutenant governor statewide offices state senator plus additional additional seat district state representative district state representative single member district limits adjusted inflation years based consumer price index incumbents seeking reelection statewide office may spend amounts incumbents seeking reelection state senate house may spend amounts act defines xpenditure broadly mean payment disbursement distribution advance deposit loan gift money anything value paid promised paid purpose influencing election advocating position public question supporting opposing one candidates certain minor exceptions expenditures made candidate behalf others count candidate expenditure limit expenditures intentionally facilitated solicited approved candidate campaign provisions apply count campaign expenditure limit spending political parties committees coordinated campaign benefits candidate party expenditure primarily benefits six fewer candidates associated political party presumed coordinated campaign therefore count campaign expenditure limit act also imposes strict contribution limits amount single individual contribute campaign candidate state office general election cycle limited follows governor lieutenant governor statewide offices state senator state representative unlike expenditure limits act contribution limits indexed inflation political committee subject limits ibid political party defined broadly include subsidiary branch local unit party well national regional affiliates party taken separately together thus example statute treats local state national affiliates democratic party single entity limits total contribution single candidate campaign governor primary general election together act also imposes limit upon amount individual give political party general election cycle act defines contribution broadly approximately way defines expenditure expenditure made candidate behalf counts contribution candidate intentionally facilitated solicited approved candidate party expenditure primarily benefits six fewer candidates associated party presumed count party contribution limits exceptions candidate contributions campaign candidate family fall outside contribution limits volunteer services count contributions cost function provided total cost function amounts less addition expenditure contribution limits act sets forth disclosure reporting requirements creates voluntary public financing system gubernatorial elections none issue act also limits amount contributions candidate political committee political party receive sources lower courts held contribution limits unconstitutional parties challenge holding petitioners individuals run state office vermont citizens vote vermont elections contribute vermont campaigns political parties committees participate vermont politics soon act became law brought lawsuit federal district respondents state officials charged enforcement act several private groups individual citizens intervened district proceedings support act joined respondents well district agreed petitioners act expenditure limits violate first amendment see buckley also held unconstitutional act limits contributions political parties candidates time found act contribution limits constitutional landell sorrell supp sides appealed divided panel appeals second circuit held act contribution limits constitutional also held act expenditure limits may constitutional landell sorrell found limits supported two compelling interests namely interest preventing corruption appearance corruption interest limiting amount time state officials must spend raising campaign funds circuit remanded case district instructions determine whether act expenditure limits narrowly tailored interests petitioners respondents sought certiorari asked us consider constitutionality act expenditure limits contribution limits related definitional provision agreed ii turn first act expenditure limits limits violate first amendment free speech guarantees buckley valeo supra considered constitutionality federal election campaign act feca stat amended et statute much like act us imposed expenditure contribution limitations campaigns public office upholding feca contribution limitations constitutional held statute expenditure limitations violated first amendment buckley stated kinds limitations implicate fundamental first amendment interests noted government sought justify statute infringement interests terms need prevent corruption appearance corruption see also view rationale provided sufficient justification statute contribution limitations provide sufficient justification expenditure limitations explained basic reason difference two kinds limitations expenditure limitations impose significantly severe restrictions protected freedoms political expression association contribution limitations contribution limitations though marginal restriction upon contributor ability engage free communication nevertheless leave contributor fre discuss candidates issues expenditure limitations contrast impose restriction amount money person group spend political communication campaign thereby necessarily reduc quantity expression restricting number issues discussed depth exploration size audience reached ibid indeed freedom engage unlimited political expression subject ceiling expenditures like free drive automobile far often one desires single tank gasoline concluded governmental interest suggested sufficient justify restriction quantity political expression imposed statute expenditure limitations decided government primary justification expenditure limitations preventing corruption appearance adequately addressed act contribution limitations disclosure requirements ibid also considered governmental interests advanced support expenditure limitations rejected consequently held expenditure limitations constitutionally invalid last years considering constitutionality host different campaign finance statutes repeatedly adhered buckley constraints including expenditure limits see mcconnell federal election federal election colorado republican federal campaign colorado ii nixon shrink missouri government pac shrink colorado republican federal campaign comm federal election colorado plurality opinion federal election massachusetts citizens life federal election national conservative political action ncpac california medical assn federal election plurality opinion respondents recognize respect expenditure limits buckley appears controlling unfavorable precedent seek overcome precedent two ways first ask us effect overrule buckley experience believe shown contribution limits disclosure requirements alone effectively deter corruption appearance hence experience undermined assumption underlying case indeed respondents devoted several pages briefs attacking buckley holding expenditure limits see brief vermont public interest research group et al arguing sound reasons exist revisit applicable standard review expenditure limits brief william sorrell et al arguing revisit buckley consider alternative constitutional approaches spending limits second alternative ask us limit scope buckley significantly distinguishing buckley present case advance ground distinction justification expenditure limitations say buckley consider namely limits help protect candidates spending much time raising money rather devoting time campaigning among ordinary voters find neither argument persuasive often recognized fundamental importance stare decisis basic legal principle commands judicial respect earlier decisions rules law embody see harris plurality opinion citing numerous cases pointed stare decisis evenhanded predictable consistent development legal principles fosters reliance judicial decisions contributes actual perceived integrity judicial process international business machines quoting payne tennessee stare decisis thereby avoids instability unfairness accompany disruption settled legal expectations reason rule law demands adhering prior case law norm departure precedent exceptional requires special justification arizona rumsey especially true principle become settled iteration reiteration long period time find special justification require us overrule buckley subsequent case law made buckley legal anomaly otherwise undermined basic legal principles cf dickerson find respondents claims demonstration circumstances changed radically undermine buckley critical factual assumptions respondents shown example dramatic increase corruption appearance vermont shown expenditure limits way attack problem cf mcconnell fec time buckley promoted considerable reliance congress state legislatures used buckley drafting campaign finance laws said followed buckley upholding applying reasoning later cases overruling buckley dramatically undermine reliance settled precedent reasons find case fits stare decisis norm perceive strong justification necessary warrant overruling well established precedent consequently decline respondents invitation reconsider buckley respondents also ask us distinguish cases buckley find significant basis distinction act expenditure limits substantially different issue buckley instances limits consist dollar cap imposed upon candidate expenditures vermont primary justification imposing expenditure limits significantly different congress rationale buckley limits preventing corruption appearance sole basis respondents seek distinguish buckley concerns supporting justification argue expenditure limits necessary order reduce amount time candidates must spend raising money brief vermont public interest research group et al brief william sorrell et al increased campaign costs together fear opponent mean without expenditure limits candidate must spend much time raising money instead meeting voters engaging public debate buckley respondents add fully consider justification done say upheld struck feca expenditure limits view highly unlikely fuller consideration time protection rationale changed buckley result buckley aware connection expenditure limits reduction fundraising time section opinion dealing feca public financing provisions wrote congress trying free candidates rigors fundraising see also imits contributions necessarily increase burden fundraising public financing designed part relieve presidential candidates rigors soliciting private contributions white concurring part dissenting part appeals opinion briefs filed pointed natural consequence higher campaign expenditures candidates compelled allow fund raising increasing extreme amounts money energy buckley valeo cadc see also brief et al amici curiae buckley valeo nos fund raising consumes candidate time otherwise devoted campaigning event connection high campaign expenditures increased fundraising demands seems perfectly obvious circumstances respondents argument amounts invitation limit buckley holding effectively overrule reasons set forth decline invitation well given buckley continued authority must conclude act expenditure limits violate first amendment iii turn complex question namely constitutionality act contribution limits parties accepting buckley approach dispute whether despite buckley general approval statutes limit campaign contributions act contribution limits severe circumstances particular limits violate first amendment act expenditure limits begin buckley case upheld contribution limit buckley recognized contribution limits like expenditure limits implicate fundamental first amendment interests namely freedoms political expression political association unlike expenditure limits necessarily reduc quantity expression restricting number issues discussed depth exploration size audience reached contribution limits involv little direct restraint contributor speech restrict one aspect contributor freedom political association namely contributor ability support favored candidate nonetheless permi symbolic expression support evidenced contribution way infringe contributor freedom discuss candidates issues consequently wrote contribution limitations permissible long government demonstrates limits closely drawn match sufficiently important interest found interest advanced case prevent ing corruption appearance sufficiently important justify statute contribution limits also found contribution limits closely drawn recognized determining whether particular contribution limit closely drawn amount level limit make difference indeed wrote contribution restrictions severe impact political dialogue limitations prevented candidates political committees amassing resources necessary effective advocacy added distinctions degree become significant said amount differences kind pointing scalpel probe whether say ceiling might serve well found indication contribution limitations imposed act dramatic adverse effect funding campaigns therefore found limitations constitutional since buckley consistently upheld contribution limits statutes shrink limit contributions candidates missouri state auditor california medical limit contributions multicandidate political committees recognized however contribution limits might sometimes work harm protected first amendment interests anticorruption objectives justify see shrink supra buckley supra individual members expressed concern lest low limit magnify advantages incumbency thereby insulat legislators effective electoral challenge shrink supra breyer joined ginsburg concurring cases us petitioners challenge act contribution limits basis following buckley must determine whether act contribution limits prevent candidates amassing resources necessary effective campaign advocacy whether magnify advantages incumbency point put challengers significant disadvantage word whether low strict survive first amendment scrutiny answering questions recognize buckley stated scalpel probe possible contribution level determine degree exactitude precise restriction necessary carry statute legitimate objectives practice legislature better equipped make empirical judgments legislators particular expertise matters related costs nature running office mcconnell thus ordinarily deferred legislature determination matters nonetheless buckley acknowledged must recognize existence lower bound point constitutional risks democratic electoral process become great interests underlying contribution limits preventing corruption appearance corruption directly implicate integrity electoral process mcconnell supra internal quotation marks omitted yet rationale simply mean lower limit better contribution limits low also harm electoral process preventing challengers mounting effective campaigns incumbent officeholders thereby reducing democratic accountability ignore fact statute seeks regulate campaign contributions prove obstacle electoral fairness seeks promote thus see alternative exercise independent judicial judgment statute reaches outer limits strong indication particular case danger signs risks exist present kind likely serious degree courts including appellate courts must review record independently carefully eye toward assessing statute tailoring toward assessing proportionality restrictions see bose consumers union appellate obligation independent examination whole record order make sure judgment constitute forbidden intrusion field free quoting new york times sullivan find danger signs present compared contribution limits upheld past force act limits sufficiently low generate suspicion closely drawn act sets limits per election cycle includes primary general election thus gubernatorial race primary final election contests act contribution limit amounts per election per candidate significantly lower limits contributions candidates state senate house representatives see supra limits apply contributions individuals contributions political parties whether made cash expenditures coordinated presumed coordinated candidate see supra limits well limits upheld buckley indeed terms real dollars adjusting inflation act per election limit individual contributions campaign governor slightly limit contributions campaigns federal office buckley adjusted reflect value year buckley decided vermont contribution limit campaigns statewide office including governor amounts per election cycle roughly per election compared per election limit individual contributions issue buckley adjusted value act limit contributions political parties candidates statewide office per candidate per election one comparable limit buckley per election yet vermont gubernatorial district entire state smaller house districts buckley limits applied average congressional district contained population dept commerce bureau census statistical abstract statistical abstract describing results census indeed vermont population larger statistical abstract describing vermont population moreover considered whole vermont contribution limits lowest nation act limits contributions candidates statewide office including governor per candidate per election found state imposes lower per election limit indeed found seven impose limits contributions candidates statewide office per election twice act limit cf rev stat ann west cum supp per election cycle per election adjusted inflation colo art xxviii per election adjusted inflation stat per election rev stat tit governor statewide office per election mass laws ch west supp per year per election mont code ann governor statewide office per election codified laws per year per election aware state imposes limit contributions political parties candidates statewide office lower act per candidate per election limit cf rev stat tit next lowest contribution party candidate governor contribution party candidate statewide office per election similarly found three limits contributions candidates state legislature act per election limits rev stat ann west cum supp per election cycle per election mont code ann per election codified laws per year per election aware state lower limit contributions political parties state legislative candidates cf rev stat tit next lowest per election finally vermont limit well lowest limit previously upheld limit per election adjusted inflation every two years see mo rev stat cum supp candidates missouri state auditor shrink comparable vermont limit roughly per election adjusted inflation less missouri current limit recognize vermont population much smaller missouri indeed vermont size missouri statistical abstract thus per citizen vermont limit slightly generous ratio contribution limit size constituency vermont missouri ratio lower cf app calculation necessarily mean vermont limits less objectionable limit upheld shrink campaign state auditor likely less costly campaign governor campaign costs automatically increase decrease precise proportion size electoral district see app winning candidate vermont state auditor spent winning candidate governor spent big picture cycle hot races available http visited june available clerk case file senate campaigns identified competitive spend less per voter house campaigns identified competitive moreover vermont limits unlike missouri limits apply amounts contributions made political parties mo rev stat enacting limits contributions political parties candidates times higher limits contributions individuals said missouri current per election limit unlike vermont per election limit indexed inflation see supra see also mo rev stat factors mentioned offset neutralizing force population differences least make difficult treat shrink limit providing affirmative support lawfulness vermont far lower levels cf breyer concurring shrink limit low enough raise significant constitutional question even vermont failure index inflation means vermont levels soon far lower missouri regardless method comparison sum act contribution limits substantially lower limits previously upheld comparable limits danger signs act contribution limits may fall outside tolerable first amendment limits consequently must examine record independently carefully determine whether act contribution limits closely drawn match state interests examination record convinces us constitutional perspective act contribution limits restrictive reach conclusion based merely low dollar amounts limits also statute effect political parties volunteer activity vermont elections taken together act substantial restrictions ability candidates raise funds necessary run competitive election ability political parties help candidates get elected ability individual citizens volunteer time campaigns show act closely drawn meet objectives particular five factors together lead us decision first record suggests though conclusively prove act contribution limits significantly restrict amount funding available challengers run competitive campaigns one thing petitioners expert clark bensen conducted analysis legislative elections last take place act took effect concluded act contribution limits reduced funds available republican challengers competitive races amounts ranging total campaign income see tr estimating loss funds candidate tully harvey welch bahre delaney larocque smith brown another thing petitioners expert witnesses produced evidence analysis showing vermont political parties particularly republican party target contributions candidates competitive races contributions represent significant amount total candidate funding races contribution limits cut parties contributions competitive races dramatically see see also gierzynski breaux role parties legislative campaign financing rev politics thompson cassie jewell sacred cow lot bull party pac money state legislative elections pol sci statistics showed party contributions accounted significant percentage total campaign income races studies showed act contribution limits cut party contributions legislature average governor specifically bensen pointed republican party made contributions senate campaigns amounts averaged average represented recipient campaign total income tr act reduce contributions per campaign average reduction ibid party contributed house campaigns amounts averaging average represented recipient campaign total income act reduce contributions per campaign average reduction ibid party contributed gubernatorial candidate amount accounted candidate funding act reduced contribution bensen added senate campaigns house campaigns exceeded act expenditure limits enacted along statute contribution limits trial exhs etc exh moreover senate campaigns house campaigns spent double limits ibid respondents contest figures rather presented evidence focused upon strongly contested campaigns upon funding amounts available average campaign respondents expert anthony gierzynski concluded example act minimal effect candidates ability raise funds app rested conclusion upon finding small proportion contributions campaigns state office made last three elections affected new limits see also discussing average amount revenues lost limits legislative races emphasis added discussing total number campaigns receiving contributions act limit lower courts similarly relied almost exclusively averages assessing act effect see supp approximately campaign contributions recent house races emphasis added expert testimony revealed last three election cycles percentage candidates contributions received contribution limits less emphasis added respondents evidence leaves petitioners evidence unrebutted certain key respects critical question concerns simply average effect contribution limits fundraising importantly ability candidate running incumbent officeholder mount effective challenge information average races rather competitive races distantly related question competitive races likely far expensive average race see ornstein mann malbin vital statistics congress pp data showing spending competitive elections incumbent wins less vote incumbent loses far greater elections incumbent wins vote concede record contain anecdotal evidence supporting respondents position namely testimony competitive mayoral campaign burlington suggests challenger amas resources necessary effective advocacy buckley facts particular election described sufficient detail offer convincing refutation implication arising petitioners experts studies rather petitioners studies taken together low average vermont campaign expenditures typically higher costs challenger must bear overcome advantage enjoyed incumbent raise reasonable inference contribution limits low may pose significant obstacle candidates competitive elections cf ornstein supra house senate elections successful challengers spent far average candidate information average races rebut inference consequently inference amounts one factor among others counts constitutional validity contribution limits second act insistence political parties abide exactly low contribution limits apply contributors threatens harm particularly important political right right associate political party see california democratic party jones describing constitutional importance associating political parties elect candidates timmons twin cities area new party colorado cf buckley supra contribution limits constitute marginal restriction first amendment rights contributor remains free associate politically political party assist personally party efforts behalf candidates act applies limits precisely limits applies individual virtually affiliates political party taken together single contributor stat tit means example vermont democratic party taken together local affiliates make one contribution democratic gubernatorial candidate one contribution democratic candidate state senate one contribution democratic candidate state house representatives act includes within limits direct monetary contributions also expenditures kind stamps stationery coffee doughnuts gasoline campaign buttons forth see indeed includes party expenditures intended promote election specific candidate group candidates long candidate campaign facilitate solicit approve party expenditure primarily benefits six fewer candidates associated party presumed count party contribution limits addition negative effect amassing funds described see supra act severely limit ability party assist candidates campaigns engaging coordinated spending advertising candidate events voter lists mass mailings even yard signs unusual degree discourage wish contribute small amounts money party amounts easily comply individual contribution limits suppose many individuals know vermont legislative candidates personally wish contribute say state republican party intent party use money help elect whichever candidates party believes best advance ideals interests basic object political party take extreme example imagine vermont citizens want give state democratic party though unfamiliar details individual races like make small financial contribution goal electing democratic state legislature imagine party believes control legislature depend outcome three three house races act forbids party giving candidates pivotal races indeed permits party give candidate thereby thwarting aims donors making meaningful contribution state politics giving small amount money party support thus act severely inhibit collective political activity preventing political party using contributions small donors provide meaningful assistance individual candidate see supra recognize previously upheld limits contributions political parties candidates particular federal limits coordinated party spending colorado ii also recognize limit negatively affect extent party function described contribution limits issue colorado ii far less problematic significantly higher act limits see least coordinated spending direct cash contributions senate candidates least coordinated spending direct cash contributions house candidates much higher federal limits contributions individuals candidates thereby reflecting effort congress balance need allow individuals participate political process contributing political parties help elect candidates need prevent use political parties circumvent contribution limits apply individuals act placing identical limits upon contributions candidates whether made individual political party gives former consideration weight consequently agree district act contribution limits reduce voice political parties vermont whisper supp count special harms act threatens factor weighing constitutional validity contribution limits third act treatment volunteer services aggravates problem like federal statutory counterpart act excludes definition contribution services provided without compensation individuals volunteering time behalf candidate stat tit cf ed supp iii similar exemption federal campaign finance statute act exclude expenses volunteers incur travel expenses course campaign activities act broad definitions seem count expenses volunteer contribution limit least spending facilitated approved campaign officials stat tit xpenditure includes anything value paid purpose influencing election expenditure intentionally facilitated solicited approved candidate counts contribution unlike federal government treatment comparable requirements state insofar aware created exception excluding expenses cf iv ix ed supp iii excluding definition contribution volunteer travel expenses payment political party campaign materials used connection volunteer activities absence exception may matter present context contribution limits low combination low limits exceptions means gubernatorial campaign volunteer makes four five round trips driving across state performing volunteer activities coordinated campaign find near surpassed contribution limit volunteer offers campaign use house along coffee doughnuts dozen neighbors meet candidate say two three times campaign cf stat tit excluding expenditures activities supporters keep careful track miles driven postage supplied stamps equals pencils pads used forth carelessness respect prove costly perhaps generating headline campaign laws violated works serious harm candidate sorts problems unlikely affect constitutionality limit reasonably high cf buckley coordinated expenditure volunteer provides material financial assistance candidate therefore may properly viewed contribution act contribution limits low definition contribution broad act may well impede campaign ability effectively use volunteers thereby making difficult individuals associate way cf federal contribution limits leave contributor free become member political association assist personally association efforts behalf candidates low limits issue help transform differences degree difference kind likelihood unjustified interference present context sufficiently great must consider lack tailoring act definition contribution added factor counting constitutional validity contribution limits us fourth unlike contribution limits upheld shrink see supra act contribution limits adjusted inflation limits decline real value year indeed real dollars act limits already declined dollars real value dollars failure index limits means limits already suspiciously low see supra almost inevitably become low time means future legislation necessary stop almost inevitable decline thereby imposes burden preventing decline upon incumbent legislators may diligently police need changes limit levels assure adequate financing electoral challenges fifth found nowhere record special justification might warrant contribution limit low restrictive bring serious associational expressive problems described rather basic justifications state advanced support limits present buckley record contains indication example corruption appearance vermont significantly serious matter elsewhere indeed things equal one might reasonably believe contribution say candidate campaign less likely prove corruptive force far larger contributions issue campaign finance cases considered see supra five sets considerations taken together lead us conclude act contribution limits narrowly tailored rather act burdens first amendment interests threatening inhibit effective advocacy seek election particularly challengers contribution limits mute voice political parties hamper participation campaigns volunteer activities indexed inflation vermont point legitimate statutory objective might justify special burdens understand many though campaign finance regulations impose certain burdens degree also understand legitimate need constitutional leeway respect legislative discussion indicates conclude act respect nonetheless goes far disproportionately burdens numerous first amendment interests consequently view violates first amendment add believe possible sever act contribution limit provisions others might remain fully operative see champlin refining corporation invalid part may dropped left fully operative law see also minnesota mille lacs band chippewa indians severability essentially inquiry legislative intent stat tit severability principles apply vermont statutes sever provisions avoid constitutional objection require us write words statute inflation indexing leave gaping loopholes limits party contributions foresee many different possible ways legislature might respond constitutional objections found given difficulties believe vermont legislature intended us set aside statute contribution limits leaving legislature free rewrite provisions light constitutional difficulties identified iv conclude act expenditure limits violate first amendment interpreted buckley valeo also conclude specific details act contribution limits require us hold limits violate first amendment burden first amendment interests manner disproportionate public purposes enacted advance given holding need examine constitutionality statute presumption certain party expenditures coordinated candidate stat tit accordingly judgment appeals reversed cases remanded proceedings ordered neil randall et petitioners william sorrell et al vermont republican state committee et petitioners william sorrell et al william sorrell et petitioners neil randall et al writs certiorari appeals second circuit june justice alito concurring part concurring judgment concur judgment join justice breyer opinion except parts contrary suggestion sections respondents primary defense vermont expenditure limits limits consistent buckley valeo per curiam see brief william sorrell et al nos pp hereinafter sorrell brief brief vermont public interest research group et al nos pp hereinafter vpirg brief backup argument afterthought almost respondents make naked plea us revisit buckley sorrell brief vpirg brief fairly incongruous given respondents defense vermont contribution limits rests squarely buckley later decisions built buckley yet respondents fail explain appropriate reexamine one part holding buckley point respondents fail discuss doctrine stare decisis cases elaborating circumstances appropriate reconsider prior constitutional decision indeed pages briefing respondents words stare decisis appear reference connection contribution limits see sorrell brief incomplete presentation reason enough refuse respondents invitation reexamine buckley see international business machines whether case made reexamining buckley whole part matters respondents think unnecessary reach issue neil randall et petitioners william sorrell et al vermont republican state committee et petitioners william sorrell et al william sorrell et petitioners neil randall et al writs certiorari appeals second circuit june justice kennedy concurring judgment decides constitutionality limitations vermont places campaign expenditures contributions agree limitations violate first amendment plurality notes cases hold expenditure limitations place substantial direct restrictions ability candidates citizens associations engage protected political expression restrictions first amendment tolerate buckley valeo per curiam see also colorado republican federal campaign comm federal election principal opinion federal election national conservative political action parties neither ask overrule buckley full challenge level scrutiny decision applies campaign contributions exacting scrutiny plurality applies expenditure limitations however appropriate reasons explained plurality opinion respondents attempts distinguish present limitations invalidated unavailing upheld contribution limits come even close passing serious scrutiny nixon shrink missouri government pac kennedy dissenting concerns aside vermont contributions plurality detailed analysis indicates even stifling ones survived shrink unduly lenient review universe campaign finance regulation one part created part permitted course decisions new order may cause problems solves routine operational level present system requires us explain restrictive limit experience gives us little basis make judgments certainly traditional body law exists offer guidance broader systemic level political parties denied basic first amendment rights see mcconnell federal election kennedy concurring judgment part dissenting part entering fill void new entities political action committees much creatures law traditional forces speech association entities manipulate system attract elite power brokers operate ways obscure ordinary citizen viewed within legal universe ratified helped create result plurality reaches correct given skepticism regarding system operation however seems appropriate concur judgment neil randall et petitioners william sorrell et al vermont republican state committee et petitioners william sorrell et al william sorrell et petitioners neil randall et al writs certiorari appeals second circuit june justice thomas justice scalia joins concurring judgment although agree plurality stat tit et seq act unconstitutional disagree rationale striking statute invoking stare decisis plurality rejects invitation overrule buckley valeo per curiam applies buckley invalidate expenditure limitations less persuasively contribution limitations continue believe buckley provides insufficient protection political speech core first amendment illegitimacy buckley underscored continuing inability plurality apply buckley coherent principled fashion result stare decisis pose bar overruling buckley replacing standard faithful first amendment accordingly concur judgment adhere view erred buckley distinguished contribution expenditure limits finding former less severe infringement first amendment rights see nixon shrink missouri government pac dissenting opinion shrink federal election colorado republican federal campaign colorado ii dissenting opinion colorado republican federal campaign comm federal election colorado opinion concurring judgment dissenting part nlike buckley believe contribution limits infringe directly seriously upon freedom political expression association expenditure limits buckley distinguished contributions expenditures based presence intermediary contributor speech eventually produced reliance misguided given ven case direct expenditure usually facilitates dissemination spender message colorado supra shrink supra thomas dissenting likewise buckley suggestion contribution caps marginally restrict speech contribution serves general expression support candidate views communicate underlying basis support even descriptively accurate support restrictions contributions statements general support deserving constitutional protection communicate specific reasons support colorado supra opinion thomas shrink supra thomas dissenting accordingly overrule buckley subject contribution expenditure restrictions act strict scrutiny fail see colorado supra opinion thomas convinced traditional strict scrutiny broad prophylactic caps spending giving political process unconstitutional see also colorado ii supra thomas dissenting ii plurality opinion far making case buckley rule law demonstrates buckley limited scrutiny contribution limits insusceptible principled application accordingly entitled stare decisis effect see bmw north america gore scalia dissenting indeed governing decisions unworkable badly reasoned never felt constrained follow precedent vieth jubelirer plurality opinion quoting payne tennessee internal quotation marks omitted today newly minted multifactor test particularly read combination decision shrink supra places position addressing propriety regulations political speech based upon little impression appropriate limits plurality sets forth appears process evaluating validity contribution limits first determine whether danger signs particular case limits low second use independent judicial judgment review record independently carefully eye towards assessing statute towards assessing proportionality restrictions ante neither step test reduced workable inquiry performed attempting comply jurisprudence first step entirely unclear determine whether limits low constitute danger signs require examine record independently carefully ante plurality points several aspects act support conclusion signs present limits set per election cycle rather divided primary general elections limits apply contributions political parties limits lowest nation limits previously upheld ante first two elements act indeed constitutionally problematic bearing whether contribution limits low first substantially advantages candidates general election face serious primary challenge practice restriction generally suppress speech challengers incumbents without serving interests recognized compelling prevention corruption appearance thereof cf smith unfree speech folly campaign finance reform hereinafter smith describing ability incumbents amass money early discouraging serious challengers entering race second element relation compelling interests either given aim political party influence candidate stance issues candidate takes office reelected votes colorado ii thomas dissenting citing colorado thomas concurring judgment dissenting part provisions unconstitutional however make contribution limits individuals unconstitutionally low left two reasons scrutinize act limitations lower lower upheld previous cases buckley shrink relative limits key factor considerations nothing moving target vermont legislature simply persuaded several lower contribution limits parallel act act still significantly restrict amount funding available challengers run competitive campaigns ante survive aspect majority proposed test relationship limits buckley shrink critical fact shrink specifically determined buckley set minimum constitutional threshold contribution limits rejecting contention fundamental misunderstanding held plurality current treatment limits shrink constitutional minimum least limits danger signs present thus reconciled shrink nevertheless concluded danger signs require us scrutinize record plurality embarks odd review contribution limits combining unrelated factors determine taken together ante restrictions act closely drawn meet objectives two factors simply cause already stringent limitations individual contributions stringent volunteer services count toward contribution limit ante limits change inflation become even stringent time ante characteristics confirm plurality impression limits indeed quite low nothing whatsoever whether restrictions closely drawn meet objectives plurality presumably uphold limit contributions million even volunteer services counted toward limit limit change inflation characterizing facts shifting act limits suspiciously low low provides insight draw constitutional line plurality next departs general applicability contribution limits entirely notes substantial interference contribution limits activities parties dispute limitation party contributions unconstitutional previously noted limitations unconstitutional even buckley see colorado ii supra entirely unclear mere fact suspiciously low contribution limits also apply parties mean limits fact low applied individuals limits impermissibly intrude upon associational rights parties limits unconstitutional applied parties limits individuals transformed permissible low simply also apply political left two arguably relevant points transform contribution limits realm suspicious realm impermissible first limits affect substantial portion money given challengers contribution limits always disproportionately burden challengers often smaller bases support incumbents see smith shrink expressly rejected argument negative impact challenger render contribution limit invalid relying sort analysis average effect contribution limits fundraising ante plurality today rejects see noting contributors state auditor made contributions less ven assume contribution limits affected respondent ability wage competitive campaign showing one affected individual point system suppressed political advocacy unconstitutional buckley cf thomas dissenting buckley provided basis suppressing speech individual candidate simply candidates candidates aggregate may succeed reaching voting public reasoning fly face premise political system liberty vested individual hands safeguards functioning democracy individual first amendment right infringed whether speech decreased whether suffers alone shares violation fellow citizens certainly first amendment authorize us judge whether restriction political speech imposes sufficiently severe disadvantage challengers candidate able complain see shrink supra thomas dissenting ourts yardstick judge proper amount effectiveness campaign speech plurality final justification fares better arguing vermont offers justification imposing limit lower imposed state simply another way saying benchmark whether contribution limitation constitutional imposed noted supra tying individuals first amendment rights presence absence similar laws inconsistent first amendment plurality recognizes burdens lead invalidate act contribution limits present many though campaign finance regulations ante result plurality purport offer single touchstone evaluating constitutionality laws indeed discussion offers nothing resembling rule appearances plurality simply looked limits said independent judicial judgment ante low atmospherics whether vary inflation whether high shrink buckley whether apply volunteer activities parties doubt help contribute plurality sentiment feeling amount workable rule law say plurality errs concluding limits low satisfy even buckley lenient standard indeed almost impossible imagine legislator ever find scruples overcome donation see shrink supra thomas dissenting fathom contribution pose substantial risk ing political quid pro quoting buckley statistics relied plurality indeed reveal substantial resources lost candidates running campaigns limits see ante given contribution limits severely impinge ability candidates run campaigns ability citizens contribute campaigns without demonstrable need avoid corruption possibly satisfy even buckley ambiguous level scrutiny plurality determination statute clearly lies impermissible side constitutional line gives assistance drawing line clear line drawn rationally simply way calculate much money person need receive corrupt perceived corrupt calculation undoubtedly vary person likewise meaningful way discerning many resources must lost speech disproportionately burden ed ante buckley plurality applied gives us license simply strike limits seem stringent uphold rest first amendment grant us authority buckley provides consistent protection core first amendment must overruled reasons concur judgment neil randall et petitioners william sorrell et al vermont republican state committee et petitioners william sorrell et al william sorrell et petitioners neil randall et al writs certiorari appeals second circuit june justice stevens dissenting justice breyer justice souter debate whether per curiam decision buckley valeo forecloses constitutional limitations candidate expenditures plainly issue reasonable minds disagree buckley never explicitly addressed whether pernicious effects endless fundraising serve compelling state interest justifies expenditure limits post souter dissenting yet silence light record suggests implicitly treated proposed interest insufficient ante plurality opinion breyer assuming true however convinced buckley holding expenditure limits wrong time come overrule reached conclusion lightly justice breyer correctly observes stare decisis principle importance ante inexorable command several factors taken together provide special justification revisiting constitutionality statutory limits candidate expenditures begin buckley holding expenditure limits upset practice preceding years congressional races subject statutory limits expenditures contributions see stat federal corrupt practices act stat federal election campaign finance act stat federal election campaign act amendments stat automobile workers mcconnell federal election appeals recognized buckley valeo cadc en banc per curiam earlier jurisprudence provided solid support treating limits permissible regulations conduct rather speech ibid discussing burroughs harriss see also buckley holding contribution limits consistent backdrop holding expenditure limits involve collision prior doctrine embracing scope intrinsically sounder verified experience helvering hallock reasons reexamining buckley holding candidate expenditure limits apply holding candidate contribution limits although subsequently reiterated line buckley drew two types limits done primarily cases affirming validity contribution limits functional equivalents see mcconnell nixon shrink missouri government pac cf california medical assn federal election plurality opinion contrast first cases raise constitutionality expenditure limits amounts candidates office may spend accordingly explicitly recognized importance stare decisis context buckley holding contribution limits mcconnell see also vieth jubelirer plurality opinion noting lessened stare decisis concern hard imagine action taken reliance upon prior case conceivably frustrated perhaps partial recognition points justice white refused abandon opposition buckley holding expenditure limits see federal election massachusetts citizens life federal election national conservative political action dissenting opinion believed buckley deeply wrong issue confused identification speech antecedents national conservative political action course steadfast campaign converted least one buckley participant position see national conservative political action marshall dissenting reasoning since persuaded nonparticipating member buckley well justice white recognized quite wrong equate money speech buckley opinion concurring part dissenting part contrary burden actual speech imposed limitations spending money minimal indirect rights direct political expression advocacy retained even campaign laws originally enacted everyone free spend much chose amplify views general political issues specific candidates restrictions extent affect speech indicate hostility speech effects national conservative political action white dissenting accordingly limits expenditures far akin time place manner restrictions restrictions content speech like justice white uphold long purposes serve legitimate sufficiently substantial buckley buckley conclusion contrary relied following metaphor free engage unlimited political expression subject ceiling expenditures like free drive automobile far often one desires single tank gasoline course car run without fuel candidate speak without spending money car travel many miles per gallon limit number speeches interviews candidate may give limited budget moreover provided budget certain threshold candidate exercise due care ensure message reaches voters driver need use hummer reach destination candidate need flood airways ceaseless trivial information order provide voters reasons support indeed examples effective speech political arena depend significant expenditure campaigner legion content william jennings bryan comments cross gold william mckinley responses delivered front porch canton ohio rather expenditure money appealed audiences neither abraham lincoln john kennedy paid opportunity engage debates stephen douglas richard nixon may well determined outcomes presidential elections seasoned campaigners members congress endorsed expenditure limits federal election campaign act amendments concluded modest budget preclude effectively communicating electorate necessarily rejected buckley metaphor campaigners also identified significant government interests favoring imposition expenditure limits limits serve important complement contribution limits see opinion white also protect equal access political arena free candidates staffs interminable burden fundraising colorado republican federal campaign comm federal election stevens dissenting last two interests particularly acute campaign costs high rich reach throw hats ring fail protect political process undue influence large aggregations capital promote individual responsibility democratic government automobile workers recognized buckley perceived ban expenditure limits severely limits options dealing interest freeing candidates fundraising straitjacket even compelling without expenditure limits fundraising devours time attention political leaders leaving busy handle public responsibilities effectively fact well recognized backers legislation reviewed buckley appeals judges voted uphold expenditure limitations statute justice white incidentally personal experience active participant presidential campaign cf citations legislative history contained therein opinion white validity judgment surely confirmed mountains evidence accumulated recent years concerning time elected officials spend raising money future campaigns adverse effect fundraising performance official additionally convincing evidence important interests favoring expenditure limits fronts incumbency protection buckley cursory suggestion contrary failed take account mixed evidence issue see detailing material available looks ways permit ting nationwide experiment critically needed reforms urge us enable research expenditure limits relate incumbent reelection rates see brief state connecticut et al amici curiae meantime legislative judgment enough enough command greatest possible deference judges interpreting constitutional provision best indirect relationship activity affects quantity rather quality content repetitive speech marketplace ideas one final point bears mention neither opinions buckley form today cacophony pay heed framers viewed candidate expenditure limits unprincipled approach historical context usually relevant necessarily dispositive georgia randolph slip stevens concurring particularly true contexts different time framing accepted posture leading candidates one modesty acknowledging willingness serve rather desire compete speculation framers legislated foreseen era televised thus provide us definitive answers nevertheless firmly persuaded framers appalled impact modern fundraising practices ability elected officials perform public responsibilities think viewed federal statutes limiting amount money congressional candidates might spend future elections well within congress surely expected judges interfere enforcement expenditure limits merely require candidates budget activities without imposing restrictions whatsoever may say speeches debates interviews foregoing reasons agree justice souter entirely appropriate allow proceedings expenditure limits go forward cases reasons given parts ii iii dissent also agree vermont contribution limits presumption coordinated expenditures political parties constitutional join portions opinion neil randall et petitioners william sorrell et al vermont republican state committee et petitioners william sorrell et al william sorrell et petitioners neil randall et al writs certiorari appeals second circuit june justice souter justice ginsburg joins justice stevens joins parts ii iii dissenting legislature vermont passed act series public hearings persuaded legislators rehabilitating state political process required campaign finance reform majority today decides expenditure contribution limits enacted irreconcilable constitution guarantee free speech adhere appeals decision remand enquiry bearing limitations candidates expenditures think contribution limits satisfy controlling precedent respectfully dissent rejecting act expenditure limits directly contravening buckley valeo per curiam ante opinion breyer least premature said buckley expenditure limitations impose far greater restraints freedom speech association contribution limitations buckley categorically foreclose possibility spending limit might comport first amendment instead buckley held constitutionality expenditure limitation turns whether governmental interests advanced support satisfy applicable exacting scrutiny ibid applying standard buckley gave indication given serious consideration aim vermont statute pursues alleviate drain candidates officials time caused endless fundraising necessary aggregate many small contributions meet opportunities ever expensive campaigning instead dwelt rejecting sufficiency interests reducing corruption equalizing financial resources candidates capping overall cost political campaigns see although justice white went step dissenting expenditures made something interest getting officials treadmill driven obsession fundraising see opinion concurring part dissenting part lurking issue treated significant expenditure question per curiam opinion whatever observations made buckley effect fundraising candidates time squarely address interest support expenditure limits much less one buttressed thorough record vermont argument therefore ask us overrule buckley asks us apply buckley framework determine whether evidence need slow fundraising treadmill suffices support enacted limitations vermont claim serious three decades experience since buckley taught us much findings made vermont legislature pernicious effect nonstop pursuit money significant see act legislative findings intent app finding candidates statewide offices spending inordinate amounts time raising campaign funds ibid finding obust debate issues candidate interaction electorate public involvement confidence electoral process decreased campaign expenditures increased see also landell sorrell supp noting testimony senator shumlin legislature raising funds one distasteful things public service internal quotation marks omitted landell sorrell public officials testified trial elected officials spend time donors rather official duties legislature findings surely significant enough justify appeals remand district decide whether vermont spending limits least restrictive means accomplishing unexceptionably found worthy objectives see district instructed examine variety outstanding issues including alternatives considered vermont legislature reasons rejecting see thus constitutionality expenditure limits conclusively decided second circuit believe evidentiary work remained done raised prospect sound answer question whatever answer might instead left unresolved question narrow tailoring consequent doubt justifiability spending limits necessary appropriate correctives record foreclose ability state remedy impact money chase democratic process therefore disturb appeals stated intention remand ii although defer judgment merits expenditure limitations believe appeals correctly rejected challenge contribution limits low though one say contribution limitation radical effect render political association ineffective drive sound candidate voice level notice render contributions pointless nixon shrink missouri government pac limits set vermont remarkable departures either previously upheld lately adopted plurality concedes measurement vermont limit statewide elections slightly generous ante one set missouri statute approved shrink supra dollar amounts get generous smaller district consistent limits set legislatures many populations larger vermont significantly see montana right life assn eddleman approving limit candidates filed jointly governor lieutenant governor since increased see mont code ann daggett commission governmental ethics election practices limit gubernatorial candidates maine minnesota citizens concerned life kelley limit contributions legislative candidates election years years florida right life mortham wl md mar limit contributions state candidate point bound judicial sanctions numbers consistency legislative judgment tells us vermont eccentric party one case judicial deference precedents say owe see shrink supra breyer concurring legislature significantly greater institutional expertise example field election regulation practice defers empirical legislative judgments see also ante plurality opinion rdinarily deferred legislature determination matters related costs nature running office place vermont contribution limits beyond constitutional pale therefore forget facts shrink also legislative judgments risk corruption contribution limits fitted see shrink supra deference surely overly complaisant vermont legislators testified length money gets special attention see act legislative findings intent app finding ome candidates elected officials particularly time limited respond give access contributors make large contributions preference make small contributions testimony elizabeth ready got hour night get home return calls much likely return donor call hen minutes talk certain people get access alterations original record revealed amount money public sees suspiciously large see supp limits set legislature accurately reflect level contribution considered suspiciously large vermont public testimony suggested amounts greater contribution limits considered large vermont public testimony identified amounts high enough pay effective campaigning state cost running tends low side see context vermont politics donations clearly large legislature determined small donations considered strong acts political support state william meub testified contribution meaningful represents commitment contributor likely become vote candidate gubernatorial candidate ruth dwyer values small contributions much personally sends thank notes donors vermont many politicians run effective winning campaigns little money money several candidates campaign managers past present government officials testified able raise enough money mount effective campaigns system contribution limits established act spending vermont statewide elections low vermont ranks campaign spending majority major party candidates statewide office last three election cycles spent less spending limits act allow vermont legislative races methods campaigning standard even expected voters still cases say deference absolute imagine dollar limits laughable per capita comparisons meaningless aggregated donations simply sustain effective campaigns plurality thinks point reached vermont particular low contribution limits threaten ability challengers run effective races incumbents thus plurality limit deference substantially function suspicion political incumbents legislature set low contribution limits public recognition easy access free publicity effectively augment spending power beyond anything challenger muster suspicion words incumbents trusted set fair limits facially neutral limits fact give challengers even break received suspicion proper subject suspicion petitioners offered plurality invokes evidence risk advantage realized fact record evidence runs way plurality concedes see ante record contain anecdotal evidence supporting respondents position namely testimony competitive mayoral campaign burlington suggests challenger resources necessary effective advocacy buckley discount evidence low limits fair challengers experience burlington race confirmed recent empirical studies addressing issue incumbent advantage see eom gross contribution limits disparity contributions gubernatorial candidates pol research analyses number contributors dollar amount contributions gubernatorial candidates suggest support increased bias favor incumbents resulting presence campaign contribution limits anything contribution limits work reduce bias traditionally works favor incumbents also contribution limits seem increase disparities gubernatorial candidates general emphasis deleted bardwell money challenger emergence gubernatorial primaries pol research finding contribution limits favor neither incumbents challengers hogan costs representation state legislatures explaining variations campaign spending soc sci finding contribution limits reduce incumbent spending effect challenger candidate spending legislature vermont evidently tried account realities campaigning vermont see evidence constitutional miscalculation sufficient dispense respect judgments iii four issues detail call attention first requirement volunteer expenses count person contribution limit plurality certainly makes case accounting expenses colossal nuisance case nuisance noticeably limit volunteering volunteers whose expenses reach limit continue efforts subject charging candidates excess granted provisions contribution limits teetering edge unconstitutionality act treatment volunteers expenses might gives fatal push greater significance second failure vermont law index limits inflation even less important challenge law law may different impact future inflation state legislature fails bring economic date third subjecting political parties contribution limits individuals condemn vermont scheme said federal election colorado republican federal campaign dealing regulation coordinated expenditures goes capacity desire parties make large contributions competitive candidates uphill fights shared rich individuals risk large party contributions channels evade individual limits eliminated reasons support party limits undercut claims restrictions render parties impotent parties precluded uncoordinated spending benefit candidates said acknowledge suggestions petitioners briefs restrictions synergy influences weakening party power justify wholesale reexamination situation party organization today whether comprehensive reexamination belongs courts legislatures issue presented cases finally issue act presumption coordinated expenditures part political parties stat tit plurality occasion reach reach find insignificant republican party petitioners complain related expenditure provision imposes candidate party burden circumstances prove coordination expenditure take place thus threatening charge candidate spending limits party expenditures fact independent ultimate consequence chilling speech see brief vermont republican state committee et al contrary however safely take presumption representation attorney general vermont law imposes burden persuasion merely one production leaving presumption easily rebuttable see tr oral arg representation presumption disappears credible evidence affidavit offered see also brief william sorrell et al presumption contributes evidence disappears facts appear case covered presumption political party need present evidence presumed fact true presumption vanishes simple testimony expenditure coordinated suffice defeat presumption citations internal quotation marks alterations omitted understood rebuttable presumption clearly imposes onerous burden like conclusive presumption colorado republican federal campaign comm federal election principal opinion nearly conclusive one riley national federation blind requiring party possession pertinent facts come forward easily executing affidavit rise level constitutionally offensive encumbrance cf county ulster cty allen extent presumption imposes extremely low burden production satisfied evidence may well impact greater permissive inference iv pass upon constitutionality vermont expenditure limits prior enquiry fit problem fundraising demands candidates see contribution limits depressed level political inaudibility respectfully dissent footnotes together vermont republican state committee et al sorrell et sorrell et al randall et also certiorari footnotes although plurality stare decisis analysis limited buckley treatment expenditure limitations reasoning confined apply equally buckley standard evaluating contribution limits see ante noting inter alia buckley engendered considerable reliance dramatically undermine overruling ironically plurality troubled fact absence provision adjusting limits inflation means real value limits decline burden preventing decline lies upon incumbent legislators may diligently police need changes limit levels assure adequate financing electoral challenges ante impossible square wariness incumbents disinclination enact future laws protecting challengers plurality deference incumbents make empirical judgments regarding precise restriction necessary carry statute legitimate objectives first place ante plurality connection two factors implies concerned impact speech contributors solely speech candidates two facts might connected see ante indeed plurality notably omits interference participation campaigns monetary contributions list reasons act unconstitutional see contributors right free speech see colorado thomas concurring judgment dissenting part individual limited amount resources contribute pool certainly limited ability associate purposes effective advocacy even buckley valeo per curiam recognizes contribution limits restrict free speech contributors even understates significance restriction see limitation upon amount one person group may contribute candidate entails marginal restriction upon contributor ability engage free communication footnotes course invalidated limits independent expenditures third persons federal election national conservative political action colorado republican federal campaign comm federal election cf federal election massachusetts citizens life cases principal parties accepted buckley holding candidate expenditure limits gave us cause consider much weight give stare decisis see brief state connecticut et al amici curiae citing rev stat rev stat neb rev stat laws see alexander let jobs compelling government interest protecting time candidates elected officials loyola chi see also post souter dissenting indeed example city albuquerque suggests concerns incumbent entrenchment unfounded city set expenditure limits municipal elections interlude aside limits applied successfully challenged municipal candidates homans albuquerque supp nm aff cert denied findings fact federal district determined ationwide percent incumbent mayors successfully sought reelection contrast since city zero percent success rate mayors seeking reelection supp citation omitted concluded system unlimited spending deleterious effects competitiveness elections gives incumbent candidates electoral advantage ibid far conclusive example cuts view correlation expenditure limits incumbent advantage see also brief center democracy election management american university amicus curiae concluding canada kingdom new zealand malta campaign expenditure limits electoral competition jamaica ireland australia lack limits see art providing times places manner ing elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations see also providing house may determine rules proceedings footnotes approving public funding provisions subject campaign finance law subtitle internal revenue code buckley appreciated enacting provision congress legislating part free candidates rigors fundraising see also buckley supra imply conclusive rejection separate issue expenditure limits