Fear-Driven Jurisprudence: McCutcheon and Unlimited Campaign Contributions as Mechanisms for Entrenching White Supremacy
30 Pages Posted: 7 Jan 2015
Date Written: January 5, 2015
The United States Supreme Court, in McCutcheon v. Federal Election Commission, eliminated the authority of the FEC to limit the aggregate donations made by individuals. Now, a donor’s total giving was limited only by a) the limit on the amount they could give to a single candidate, and b) the number of candidates they chose to give to. This paper attempts to analyze patterns of donor giving to determine if the McCutcheon decision has had a crowding-out effect on minority dollars. It then places this decision in a critical context, suggesting that the decision is the new, more respectable, less overt version of Jim Crow - a law designed to ensure that white supremacy, in political and economic terms, remains the law of the land, even as Americans of European descent become a numerical minority.
Keywords: Supreme Court, campaign finance, McCutcheon v. FEC, Citizens United, white supremacy
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