Document Type

Book Chapter

Publication Date



Democracy, Campaign Finance Reform, Contribution Limits, Other Reforms, Disclosure, Public Financing


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.


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.


Constitutional Law