Note by Marion D. Welborn
In 1983, the National Conservative Political Action Committee (NCPAC) and the Fund for a Conservative Majority (FCM) announced their intention to spend large sums of money to help re-elect President Ronald Reagan. In response to this announcement, the Democratic Party of the United States, the Democratic National Committee (DNC) and Edward Mezvinsky filed suit against the NCPAC and the FCM seeking a declaration that first, NCPAC's and FCM's intended expenditures were prohibited by the Presidential Election Campaign Fund Act (Fund Act) and second, section 9012(f) of the Fund Act was unconstitutional. The Federal Election Commission (FEC) first intervened to dismiss the Democrats' lawsuit claiming that the Democrats had no private right of action under the Fund Act to seek a declaration of constitutionality. The FEC then filed its own complaint seeking a declaration that section 9012(f) of the Fund Act was constitutional. A three-judge district court was convened pursuant to the Fund Act's provisions and the two cases were consolidated. The district court held that the Democrats had standing to seek the requested relief under section 9011(b)(1) and article III of the United States Constitution, but the court declined to declare section 9012(f) constitutional because it abridged the first amendment's freedoms of speech and association. The Supreme Court reversed the district court's determination that the Democrats had standing by a five to four vote and held by a seven to two vote that section 9012(f) violates the first amendment. Federal Election Commission v. National Conservative Political Action Committee, 105 S. Ct. 1459 (1985).
About the Author
Marion D. Welborn.
Citation
61 Tul. L. Rev. 185 (1986)