>>22527447 pb
>https://www.fec.gov/about/mission-and-history/
Arguments That FECA Could Be an Overreach
Funding Not Enumerated as a Congressional Power:
Critics might argue that campaign financing is not explicitly listed as a congressional function in the Constitution. Therefore, regulating campaign spending is an overreach unless it can be directly tied to an enumerated power.
First Amendment Concerns:
Regulations on campaign contributions and expenditures could be seen as a restriction on free speech. Spending money to advocate for a candidate or cause is considered a form of political speech, which is protected under the First Amendment.
10th Amendment (States' Rights):
Critics might assert that regulating elections, including campaign financing, is a power reserved for the states unless explicitly granted to Congress. This could challenge Congress's authority to enact nationwide campaign finance laws like FECA.
Potential Overextension of the Necessary and Proper Clause:
Opponents might argue that the Necessary and Proper Clause has limits and should not justify regulations that restrict fundamental freedoms like speech unless explicitly tied to corruption prevention.
Since the FEC was weaponized against Trump wherein it was an interpretation of actions and assumption of intent which could be legitimately argued, the release of fraud on the part of the court could be used to turn a SC against it.