Mitch McConnell Will Ask Supreme Court To Scrap Campaign Contribution Limits Entirely

[LongTomH]

19. Only an amendment to the Constitution will solve this

McCutcheon v. FEC rests on the 1976 Buckley v. Valeo ruling by the Supreme Court. Strictly speaking, the issue was specific provisions of a 1974 law limiting campaign contributions. In striking down those provisions, the Supremes essentially enshrined the idea that money, in the form of campaign contributions, was equivalent to Free Speech protected by the First Amendment.

That's why the We the People Amendment has, as its second clause, this language:

Section 2. Money is Not Free Speech

Federal, State, and local government shall regulate, limit, or prohibit contributions and expenditures, including a candidate's own contributions and expenditures, to ensure that all citizens, regardless of their economic status, have access to the political process, and that no person gains, as a result of their money, substantially more access or ability to influence in any way the election of any candidate for public office or any ballot measure.

Federal, State, and local government shall require that any permissible contributions and expenditures be publicly disclosed.

The judiciary shall not construe the spending of money to influence elections to be speech under the First Amendment.

This was introduced on the floor of Congress as House Joint Resolution 29 on February 14, 2013.

This is the only way to solve this. Any legislation by Congress (even if we could get it through the House in the current climate), will be struck down by the Supreme Court.

Go to Move to Amend.org to find out more.