Buckley v. Valeo (1976)

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RESPONSE:

1. The case of Buckley v. Valeo (1976) examines issues associated with the implementation and impact of Supreme Court decisions. Discuss what this tells us about the role of courts in a democratic political system, and particularly what they tell us about the strength and weaknesses of the judiciary as a source of public policy in the United States?

The role of the court in a democratic political system is problematic for many. In Buskley v. Valeo (1976), for example, we see the court important decisions regarding legislation through interpretation of the acts, which sets a precedence for other cases, and at other times, necessitates the changing of the law. In fact, the court has been accused of making the law through this interpretative process, and for sure, the court influences the interpretation of the law and future applications of the law. Many are uncomfortable "with their ability to hijack legislation and interpret laws created by representatives of the people--in a Democracy shouldn't the people make these decisions?" (http://www.philosophytalk.org/pastShows/Judiciary.html)

In Buckley v. Valeo (1976), for example, the court sustained the Act's limits on individual contributions, as well as the disclosure and reporting provisions and the public financing scheme. However, the limitations on campaign expenditures, on independent expenditures by individuals and groups, and on expenditures by a candidate from his personal funds were found to be constitutionally infirm in that they placed severe restrictions on protected expression and association, yet lacked any compelling ...