Document Type
Book Chapter
Publication Date
2011
Keywords
Democracy, Campaign Finance Reform, Contribution Limits, Other Reforms, Disclosure, Public Financing
Abstract
This chapter looks at when constitutionally protected rights are interpreted by courts to include a concomitant right to spend money to effectuate the underlying right and when they are not. It concludes that there are two strands in our constitutional law: the Integral Strand, in which a right includes the right to spend money and the Blocked Strand, in which it does not.
Disciplines
Constitutional Law
Digital Commons Citation
Youn, Monica, ed. Money, Politics and the Constitution: Beyond Citizens United. Washington, D.C., Brennan Center for Justice, 2011, p. 57-75.
Comments
This chapter is based on participation in a panel discussion at "Money, Politics & the Constitution: Building a New Jurisprudence," a symposium sponsored by the Brennan Center for Justice, New York University Law School and the Century Foundation, March 27, 2010. A more extensive version of this chapter was published in the New York University Review of Law & Social Change, v. 35, no. 3, 2011.