Question
(A) Identify the constitutional clause that is common to both
McCutcheon v. Federal Elections Commission (2014) and Citizens
United v. Federal Elections Commissions (2010).
(B) Based on the constitutional clause identified in Part A, explain why
the differences in the facts of the case nonetheless led to similar
rulings.
(C) Describe an action Congress could take to respond to the Court's
ruling
Answer
A) The First Amendment's protection of freedom of speech.
B) The First Amendment protects the right of individuals to spend money to express their political views, regardless of the facts of the case.
C) Congress could pass legislation to limit the amount of money individuals can spend on political activities, or to require more disclosure of political spending.