Abstract

In this paper, I offer a new and cogent argument that would allow equitable campaign finance reform to be constitutional: the Supreme Court, beginning with Buckley v. Valeo, has consistently struck down campaign finance regulations that are necessary for making the elec­toral system as equitable as possible. The Court has ruled that such regulations are unconstitutional when evaluated against the First Amendment right to free speech. Because of past electoral discrimi­nation in colonial and postcolonial America, and because the effects of that discrimination are extant and flagrant, a compelling argument for equitable campaign finance reform can be made. Through a new concept called “affirmative equality,” which is based on affirmative action, I show that equitable campaign finance reform is attainable and that it should be carried out. At the end of the paper, I respond to objections to my argument, and show that these objections are wanting.