SCOTUS Comparison Practice FRQ

In 2012, Shaun McCutcheon donated to the Republican National Committee, state and local Republican committees, and individual candidates. The Bipartisan Campaign Reform Act limited the aggregate amount an individual could contribute during an election cycle. McCutcheon wanted to donate more than allowed under federal law. McCutcheon sued the Federal Election Commission arguing that the limits on the total amount of money an individual may donate during an election cycle violate the Constitution.

In McCutcheon v. Federal Election Commission,7 the Supreme Court ruled in favor of McCutcheon on the ground that the aggregate spending limit forced donors to choose which candidates and issues they would be able to support during an election cycle.

Identify the constitutional clause that is common to both McCutcheon v. Federal Election Commission (2014) and Citizens United v. Federal Election Commission (2010).

Explain how the facts in Citizens United v. Federal Election Commission and the facts in McCutcheon v. Federal Election Commission led to similar rulings.

Describe an action an interest group could take in an effort to limit the impact of the Supreme Court’s decisions in the Citizens United and McCutcheon cases.