# *McConnell v. Federal Election Commission*

May 1, 2003 • Legal Briefs 

By Erik Jaffe 

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This case called into question the constitutionality of the Bipartisan Campaign Reform Act of 2002, often referred to as the McCain-Feingold Act. Campaign finance reform has long been a contentious political issue, with supporters claiming that the reform is necessary for the continued function of our democratic process and detractors instead arguing that the proposed reforms constitute a violation of First Amendment rights. This brief, joined by the Institute for Justice, takes a strong stand against McCain-Feingold, arguing that the current system of campaign finance regulations is neither coherent nor predictable, and that it infringes on core First Amendment activities. The foundational case of *Buckley v. Valeo* failed to provide applicable guidelines for determining the legality of campaign contributions and instead created a complex network of criteria that have been applied inconsistently. This brief advocates that *Buckley* be overruled and replaced with a more speech-protective regime, which, by protecting First Amendment rights, would resolve the majority of the conflicts related to McCain-Feingold.

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##### *McConnell v. Federal Election Commission* 

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##### About the Author 

![Erik S. Jaffe pic](/sites/cato.org/files/styles/author_picture/public/2021-08/erik-jaffe.jpg?itok=Sk31UmPy) 

##### Erik Jaffe 

Partner, Schaerr Jaffe LLP

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