9 N.Y.U. J.L. & Liberty 48 (2015)
McCutcheon v. Federal Election Commission: An Unlikely Blockbuster

handle is hein.journals/nyujlawlb9 and id is 54 raw text is: 






            ~NEW YORK UNIVERSITY
                   JOURNAL OF LAW & LIBERTY






  MCCUTCHEON v. FEDERAL ELECTION

                   COMMISSION:

       AN UNLIKELY BLOCKBUSTER



                  Bradley A. Smith*



    Any case that gets to the Supreme Court is important in its own
way, but McCutcheon v. Federal Election Commission could easily
have been one of the least significant cases of the October 2013 term.
That it became an important case is all to the benefit of the Ameri-
can people and American democracy, and, oddly enough, mainly
the result of the radical First Amendment theories and poor strate-
gic calculations of the dissent.
       Shaun McCutcheon, an engineer and successful small busi-
ness owner from Alabama, wished to contribute $1776- a number
obviously chosen for both its substantive impact and its symbol-
ism -to a number of candidates running for Congress whom, he
perceived, shared his values and approach to public governance.
Federal law limits the size and source of contributions to candidates
for federal office. McCutcheon's desired contributions fell well
within the legal limit for giving by an individual to any one candi-





  * Visiting Judge John T. Copenhaver, Jr. Chair of Law, West Virginia University;
Josiah H. Blackmore/Shirley M. Nault Professor of Law, Capital University.


                            48


Imaged with Permission of N.Y.U. Journal of Law & Liberty

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