Which amendment of the Constitution does restricting a person's right.........?

Question

to contribute to an election campaign fall under?

open4one, You are correct and thank you for pointing that out.

Answer 1

It doesn't fall under any of the amendments .Known as the bill of rights .Although this is a classic example of our judges distorting and manipulating the constitution to suit their needs and the needs of politicians .Would be the ruling that it is a form of freedom of speech ,the more you give the louder you want to be heard .I have never went to the store and bought anything with words .What this ruling basically does is open the doors of corruption in our government a little more .So that large campaign contributions are legal . Or another way to look at it is any govt. office holder is up for auction to the highest bidder .So if some wealthy Mideastern sheik wants his voice to be heard by our political leaders .All he has to do is give a bigger contribution so he can talk louder than our own citizens who are poor .I guess if your poor you don't want your voice heard by our political leaders Or you don't have any right to be heard . So one rich person from another country has more right to have their wished voted into law , than thousands of poor citizens from our country . Or one corporation has more right to have laws passed to benefit them ,than the people who elect political leaders to represent their best interests have .Is it any wonder our nation is being destroyed and polluted with corruption and greed right before our eyes .If some one wants their voice heard louder then let them yell louder .That is speech ,money is not speech its corruption of speech

Answer 2

Something can be unconstitutional without violating one of the Constitutions's amendments. Remember, the amendments are additions to the original Constitution.

After briefly looking, I would point toward Article 1, section 4:

"The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators."

Under that, it looks like it is in the power of Congress to create rules regarding campaign finance.

Answer 3

Restricting campaign contributions is done by statutes:
18 U.S.C.A. § 601- § 607
2 U.S.C.A. § 441

Campaign finance restrictions also implicate the first (free speech) and fourteenth amendments (due process and equal protection)

Here's a block quote from a legal encyclopedia article entitled "Solicitation or making of contributions for political purposes; generally"

"State statutory restrictions on political contributions by individuals have often been held valid under the First Amendment.[FN11] Such restrictions have also been upheld against claims that they violated due process and/or equal protection guarantees.[FN12] When the government restricts political contributions, it must employ means narrowly drawn to serve its compelling governmental interest, as political free speech under the First Amendment has such a high status.[FN13] However, where a statutory restriction is based on an unreasonable classification,[FN14] or is promulgated without sufficient authority, such restriction will be held invalid.[FN15] The definition of "contribution" in a campaign financing scheme, which included a candidates' disbursements to their own campaigns, infringed upon constitutionally protected speech in violation of the First Amendment where the definition failed to exempt candidate contributions to their own campaigns, causing the statute to be applied as an indirect regulation on expenditures.[FN16]"

[FN11] Nixon v. Shrink Missouri Government PAC, 528 U.S. 377, 120 S. Ct. 897, 145 L. Ed. 2d 886 (2000); Gable v. Patton, 142 F.3d 940, 1998 FED App. 0131P (6th Cir. 1998); Kruse v. City of Cincinnati, 142 F.3d 907, 1998 FED App. 0127P (6th Cir. 1998).

[FN12] Toledo Area AFL-CIO Council v. Pizza, 154 F.3d 307, 1998 FED App. 0257P (6th Cir. 1998); Dreske v. Wisconsin Dept. of Health and Social Services, 483 F. Supp. 783 (E.D. Wis. 1980).

[FN13] Winborne v. Easley, 136 N.C. App. 191, 523 S.E.2d 149 (1999).

[FN14] Lee v. Com., 565 S.W.2d 634 (Ky. Ct. App. 1978).

[FN15] Common Cause v. New Jersey Election Law Enforcement Com'n, 74 N.J. 231, 377 A.2d 643 (1977).

[FN16] Anderson v. Spear, 356 F.3d 651, 2004 FED App. 0025P (6th Cir. 2004).

Answer 4

The question is misphrased. Restricting campaign elections would violate (not fall under) the First Amendment.

Answer 5

It could fall under the first amendment. Contributing to a campaign could be considered exercising your right to freedom of speech.

Answer 6

it falls under the first amendment. But the campaign finance laws in place on the Federal level have already been challenged and have passed Constitutional scrutiny.

Answer 7

Sorry buddy...
I dont think anyone could give you a best ans here..
Or type you a full ans.. as for laws its too complicated and long...

The best solution for you; is to get a STATUTE BOOK for your country which you are living in.. if its UK,
(Which is what i'm using now..)

It's statutes books from "Blackstones".
All acts/statutes are inside for you to read on for more info, but if its too complicated, you can then post the Act here and hope someone will be able to retify your doubts.

Do a search on the search engines in yahoo or google for Blackstones statute books.
For knowledges on where you can get them; or who are the publishers...
This period of time is the hot season where most of the time, statutes books are sold till out of stock..
It's the law exams period for UK and even distance study students from all around the world...
So be quick. =D

Cheers

Answer 8

it is not under an constitution admendment, it has been passed as federal laws. this is an argument againtist these laws as suppressing freedom of assocation. here is a over veiw of some of the laws effect giving. also look up the McCain , Feingold act. that was the last laws past.

http://www.ksg.harvard.edu/case/3pt/fec.html

Answer 9

No-- i do in comparison to legal professionals and that i accept as true with shakespeare--"KILL all the legal professionals" yet to cut back the people who can run for president or to legislature non legal professionals in basic terms invites a lot greater paintings for the very ultimate courtroom.

Answer 10

There is none. Congress has made an unconstitutional law prohibiting free speech. 3000 tyrants one mile away can trample my rights.