32. What are the advantages and disadvantages of federalism. Discuss the readings and
give examples in your answer.
33. How did our review of state constitutions illustrate federalism? Give some examples based
on your review. What are some examples of unique elements that states have included in their
constitutions?
34. How was access to voting for women and Blacks addressed in our federalist system? What
do these approaches say about federalism?
35. How is the US Constitution interpreted in our federalist system? Discuss how interpretations
vary using the 1st and 2nd amendment discussions you read in the Constitution Center (on
syllabus) and the other contrasting view you chose to read in this same site. How does the
material in Smith and Greenblatt or other material from class help you to explain these
differences discussed in these Constitution Center readings?
Three issues involving the freedom of speech are most pressing for the future.
Money, Politics, and the First Amendment
The first pressing issue concerns the regulation of money in the political process. Put
simply, the question is this: To what extent, and in what circumstances, can the
government constitutionally restrict political expenditures and contributions in order to
“improve” the democratic process? The Supreme Court held that political expenditures
and contributions are “speech” within the meaning of the First Amendment because they
are intended to facilitate political expression by political candidates and others. The
Court also recognized, however, that political expenditures and contributions could be
regulated consistent with the First Amendment if the government could demonstrate a
sufficiently important justification. In Buckley v. Valeo (1976), for example, the Court
held that the government could constitutionally limit the amount that individuals could
contribute to political candidates in order to reduce the risk of undue influence, and
in McConnell v. Federal Election Commission (2003), the Court held that the
government could constitutionally limit the amount that corporations could spend in the
political process in order to influence electoral outcomes.
In more recent cases, though, in a series of five-to-four decisions, the Supreme Court
has overruled McConnell and held unconstitutional most governmental efforts to
regulate political expenditures and contributions. Citizens United v. Federal Election
Commission (2010); McCutcheon v. Federal Election Commission (2014). As a result of
these more recent decisions, almost all government efforts to limit the impact of money
in the political process have been held unconstitutional, with the consequence that
corporations and wealthy individuals now have an enormous impact on American