Federal Election Campaign Act (FECA)
Federal Election Campaign Act (FECA, 1971; amended by BCRA 2002)
1) Link to the Text of the Act
Read the statute (52 U.S.C. § 30101 et seq.)
2) Why It Was Done
FECA was enacted to regulate campaign finance, requiring disclosure of contributions and expenditures, setting limits on donations, and establishing enforcement mechanisms.
3) Pre-existing Law or Constitutional Rights
Earlier laws like the Tillman Act (1907) and the Federal Corrupt Practices Act (1925) attempted campaign finance reform but were weakly enforced. FECA created a comprehensive framework.
⚖️ Supreme Court rulings (Buckley v. Valeo, 1976; Citizens United v. FEC, 2010) have reshaped how FECA applies.
4) Overreach or Proper Role?
Supporters say it promotes transparency and prevents corruption. Critics argue limits on spending and donations infringe on First Amendment rights.
5) Who or What It Controls
- Candidates and political campaigns (reporting and spending limits)
- Political committees and PACs (regulated contributions and expenditures)
- Federal Election Commission (FEC) (created in 1974 to enforce FECA)
- Donors (subject to limits and disclosure requirements)
6) Key Sections / Citations
- 52 U.S.C. § 30116: Contribution limits
- 52 U.S.C. § 30120: Disclaimer and disclosure requirements
- 52 U.S.C. § 30106: Establishment of the FEC
7) Recent Changes or Live Controversies
- Bipartisan Campaign Reform Act (BCRA, 2002) banned soft money and limited issue ads
- Citizens United (2010) and McCutcheon (2014) greatly weakened restrictions
- Ongoing debates about dark money, Super PACs, and disclosure loopholes
8) Official Sources