31 Whittier L. Rev. 81 (2009-2010)
Money Can't Buy You Love...And It Shouldn't Buy You a Seat in Congress Either

handle is hein.journals/whitlr31 and id is 89 raw text is: MONEY CAN'T BUY YOU LOVE... AND IT
If a millionaire candidate for the House of Representatives wants
to self-fund his campaign, under recently enacted legislation, his
opponent is allowed to accePt campaign contributions of triple the
statutorily imposed amount.  The legislation in question is the
Bipartisan Campaign Reform Act of 2002 (BCRA).2
More specifically, section 319 of the BCRA (also known as the
Millionaire's Amendment) employs an asymmetrical triggering scheme
under which a candidate may accept larger individual donations and
political party expenditures on his or her behalf when facing a self-
funded opponent.  The reasoning behind the statute is to level the
playing field and counter the appearance of corruption in federal
elections.4 Section 319 is a legitimate effort to balance the ability of
candidates to compete under special and uncommon circumstances
with a general interest in reducing corruption and the appearance of
corruption.5  The Supreme Court, in Davis v. Federal Election
Commission, held that this provision violates the self-funding
candidate's First Amendment right to free speech.6  The Court's
reasoning, however, is flawed.
Davis' First Amendment rights were in no way abridged by the
enactment of the Millionaire's Amendment because: (1) He was
unable to show that he had suffered or would imminently suffer any
particularized harm as a result of the asymmetrical scheme, and
1. 2 U.S.C.  441a-l(a)(1) (2006).
2. Davis v. Fed. Election Comrnn., 128 S. Ct. 2759, 2766 (2008).
3. Richard Wolf Hess, Student Author, No Fair Play for Millionaires? McCain-
Feingold's Wealthy Candidate Restrictions and the First Amendment, 70 U. Chi. L.
Rev. 1067, 1070-71 (2003).
4. Id. at 1074.
5. Br. of App. at 27, Davis, 128 S. Ct. 2759 (2008).
6. Davis, 128 S. Ct. at 2771, 2775 (2008).

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