The Threat of Independent Political Spending to Democratic Life -- and a Plan to Stop It

Ledewitz argues that it is independent spending, rather than campaign donations in general, that threatens to undermine the nature of elections. Independent spending takes away debates and decisions from candidates and voters and empowers organizations that are, because of non-coordination requirements, independent and politically irresponsible. To deal with this immediate threat, the author proposes the elimination of all contribution limits to candidates for office, which would greatly inhibit independent spending. The Article opens in Part I with the legal history and current status of independent political spending.

Then, in Part II, the Article shows how independent spending threatens democracy more fundamentally than does the influence of money in general. Part III outlines Ledewitz's plan to limit independent spending, which consists of the simple expedient of eliminating campaign contribution limits and addresses some of the concerns that arise from the resulting regime of unlimited direct campaign contributions. Finally, in Part IV, the author returns to Professor Lawrence Lessig's program of campaign finance reform and suggests that eliminating contribution limits would actually advance that program.