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Profile: James Buckley
James Buckley was a participant or observer in the following events:
Ford and Brezhnev in Vladivostok, 1974. [Source: Public domain]President Gerald Ford meets with Soviet Premier Leonid Brezhnev in Vladivostok. Ford, attempting to restart the moribund SALT II (Strategic Arms Limitations Talks) negotiations, finds Brezhnev willing to deal. The Soviet Union offers to sign off on one of two options: equal ceilings (allowing each side the same number of long- and short-range ballistic missiles and heavy bombers), or what he calls “offsetting asymmetries,” which would allow the US to have more MIRV—Multiple Independently Targetable Reentry Vehicle—missiles while the Soviets have more launch vehicles. Most American experts believe the “offsetting asymmetries” option is better for the US—leaving the USSR with measurably fewer MIRV launchers, warheads, and payload capacity, or “throw weight.” However, Ford, knowing he will have to get the deal past neoconservative Senator Henry “Scoop” Jackson (D-WA—see Early 1970s) and his call for numerical equality, reaches an agreement with Brezhnev that both the US and USSR will be allowed 2,400 long-range delivery systems, of which 1,320 will be MIRVs. Author J. Peter Scoblic calls the deal “yet another instance of right-wing opposition to arms control undermining not only nuclear stability but the stated goals of conservatives—in this case, a US advantage in MIRVs.” When Ford returns to Washington with the deal, hardline right-wingers will fiercely oppose the deal on the grounds that the numerical equality in launch vehicles gives the USSR an untenable advantage. “[T]he agreement recognizes and in effect freezes Soviet superiority in nuclear firepower,” says New York Senator James Buckley, the only member of the Conservative Party ever to hold a Senate seat. Governor Ronald Reagan, a voluble opponent of any arms-control deals, says, incorrectly, that the Vladivostok agreement gives the Soviet Union the opportunity to have a “ten-to-one” advantage in throw weight. Though the Vladivostok agreement becomes part of the overall SALT II negotiations (see June 18, 1979-Winter 1979), conservatives among both parties will stiffen their opposition to the deal. [Scoblic, 2008, pp. 78-79]
The Supreme Court case Buckley v. Valeo, filed by Senator James L. Buckley (R-NY) and former Senator Eugene McCarthy (D-WI) against the Secretary of the Senate, Francis R. Valeo, challenges the constitutionality of the Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) on free-speech grounds. The suit also named the Federal Election Commission (FEC) as a defendant. A federal appeals court validated almost all of FECA, and the plaintiffs sent the case to the Supreme Court. The Court upholds the contribution limits set by FECA because those limits help to safeguard the integrity of elections. However, the court overrules the limits set on campaign expenditures, ruling: “It is clear that a primary effect of these expenditure limitations is to restrict the quantity of campaign speech by individuals, groups, and candidates. The restrictions… limit political expression at the core of our electoral process and of First Amendment freedoms.” One of the most important aspects of the Supreme Court’s ruling is that financial contributions to political campaigns can be considered expressions of free speech, thereby allowing individuals to essentially make unrestricted donations. The Court implies that expenditure limits on publicly funded candidates are allowable under the Constitution, because presidential candidates may disregard the limits by rejecting public financing (the Court will affirm this stance in a challenge brought by the Republican National Committee in 1980).
Provisions of 'Buckley' - The Court finds the following provisions constitutional:
Limitations on contributions to candidates for federal office;
Disclosure and record-keeping provisions; and
The public financing of presidential elections.
However, the Court finds these provisions unconstitutional:
Limitations on expenditures by candidates and their committees, except for presidential candidates who accept public funding;
The $1,000 limitation on independent expenditures;
The limitations on expenditures by candidates from their personal funds; and
The method of appointing members of the FEC, holding that as the method stands, it violates the principle of separation of powers.
In May 1976, following the Court’s ruling, the FEC will reconstitute its board with six presidential appointees after Senate confirmation. [Federal Elections Commission, 3/1997; Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 ; Casebriefs, 2012]
No Clear Authors - The opinion is labeled per curiam, a term usually reserved for brief and minor Court decisions when authorship of an opinion is less relevant. It is unclear exactly which Justices write the opinion. Most Court observers believe Justice William Brennan writes the bulk of the opinion, but Brennan’s biographers will later note that sections of the opinion are authored by Chief Justice Warren Burger and Justices Potter Stewart, Lewis Powell, and William Rehnquist. The opinion is an amalgamation of multiple authors, reflecting the several compromises made in the resolution of the decision. [New Yorker, 5/21/2012]
Criticism of 'Buckley' - Critics claim that the ruling enshrines the principle of “money equals speech.” The ruling also says that television and radio advertisements that do not expressly attack an individual candidate can be paid for with “unregulated” funds. This leads organizations to begin airing “attack ads” that masquerade as “issue ads,” ostensibly promoting or opposing a particular social or political issue and avoiding such words as “elect” or “defeat.” [National Public Radio, 2012] In 1999, law professor Burt Neuborne will write: “Buckley is like a rotten tree. Give it a good, hard push and, like a rotten tree, Buckley will keel over. The only question is in which direction.” Neuborne will write that his preference goes towards reasonable federal regulations of spending and contributions, but “any change would be welcome” in lieu of this decision, and even a completely deregulated system would be preferable to Buckley’s legal and intellectual incoherence. [New York Times, 5/3/2010] In 2011, law professor Richard Hasen will note that while the Buckley decision codifies the idea that contributions are a form of free speech, it also sets strict limitations on those contributions. Calling the decision “Solomonic,” Hasen will write that the Court “split the baby, upholding the contribution limits but striking down the independent spending limit as a violation of the First Amendment protections of free speech and association.” Hasen will reflect: “Buckley set the main parameters for judging the constitutionality of campaign finance restrictions for a generation. Contribution limits imposed only a marginal restriction on speech, because the most important thing about a contribution is the symbolic act of contributing, not the amount. Further, contribution limits could advance the government’s interest in preventing corruption or the appearance of corruption. The Court upheld Congress’ new contribution limits. It was a different story with spending limits, which the Court said were a direct restriction on speech going to the core of the First Amendment. Finding no evidence in the record then that independent spending could corrupt candidates, the Court applied a tough ‘strict scrutiny’ standard of review and struck down the limits.” [Slate, 10/25/2011] In 2012, reporter and author Jeffrey Toobin will call it “one of the Supreme Court’s most complicated, contradictory, incomprehensible (and longest) opinions.” [New Yorker, 5/21/2012]
Entity Tags: Federal Election Campaign Act of 1972, Federal Election Commission, James Buckley, Jeffrey Toobin, US Supreme Court, Eugene McCarthy, Lewis Powell, Potter Stewart, Burt Neuborne, William Rehnquist, Warren Burger, Richard L. Hasen, William Brennan
Timeline Tags: Civil Liberties
US Undersecretary of State for Security Assistance James Buckley tells the Senate Committee on Governmental Affairs that he has received “absolute assurances” from Pakistan that it will not develop or test a nuclear warhead. Buckley will make a similar statement to the House Foreign Affairs Committee in September (see September 1981). [Levy and Scott-Clark, 2007, pp. 88] However, Pakistan is pressing ahead with its nuclear weapons program (see Shortly After May 1, 1981) and the current Reagan administration has indicated it will turn a blind eye (see April 1981).
Pakistan Foreign Minister Agha Shahi and General Khalid Arif visit Washington to discuss the new Reagan administration’s plans for the Soviet-Afghan War. The new administration is aware that Pakistani support is crucial if it wants to keep up US aid to anti-communist fighters in Afghanistan. However, the Pakistanis impose a number of conditions on their participation, one of which is that the US does not complain about Pakistan’s nuclear weapons development program. According to former State Department official Dennis Kux, Shahi and Arif tell US Secretary of State Alexander Haig that Pakistan will not compromise on its nuclear program. Haig replies that if Pakistan conducts a nuclear test, this will cause trouble in Congress and “make it difficult to cooperate with Pakistan in the way that the Reagan administration hoped.” However, if Pakistan does not perform a test, the nuclear program “need not become a centerpiece of the US-Pakistani relationship.” State Department South Asia specialist James Coon will comment that there is “a tacit understanding that the Reagan administration could live with Pakistan’s nuclear program as long as Islamabad did not explode a bomb.” [Armstrong and Trento, 2007, pp. 118, 248] Over the next few months, Undersecretary of State for Security Assistance James Buckley and other US officials travel back and forth between Washington and Pakistan, in the words of authors Adrian Levy and Catherine Scott-Clark, “refining the back-channel deal on the Pakistan nuclear program,” and reassuring the Pakistanis that the Reagan administration will allow their work on the bomb to continue. On one occasion, Arif meets Buckley and they discuss the sale of F-16 fighters to Pakistan. Arif then raises the nuclear issue, but, Arif will later say, “The Americans suggested there was no need to talk about Pakistan’s [nuclear] program any more.” [Levy and Scott-Clark, 2007, pp. 88-89]
Reagan administration official James Buckley. [Source: Biographical Directory of the US Congress]James Buckley, an undersecretary for security in the Reagan administration, tells the House Foreign Affairs Committee that Pakistan is unlikely to progress with its nuclear weapons program if it receives US aid. He will repeat the argument in the New York Times three months later: “In place of the ineffective sanctions on Pakistan’s nuclear program imposed by past administrations, we hope to address through conventional means the sources of insecurity that prompt a nation like Pakistan to seek a nuclear capability in the first place.” Len Weiss, an aide to anti-proliferation Senator John Glenn, will later comment, “It seemed highly unconventional to reward a country bent on becoming nuclear with extra funding and jets.” [Levy and Scott-Clark, 2007, pp. 82, 88]
Pakistani Foreign Minister Agha Shahi meets US Undersecretary of State for Security Assistance James Buckley in Islamabad, Pakistan, following a large grant of US aid to Pakistan (see December 1981). The aid is theoretically conditional on Pakistan stopping its nuclear weapons program, but, according to Agha Shahi: “I mentioned the nuclear caveats and emphasized that if we had a bomb and wanted to test it there was nothing the US could do. Buckley shrugged his shoulders and said, ‘I understand. Yes, we know.’” [Levy and Scott-Clark, 2007, pp. 89]
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