Difficulty: Hard

Average Score: 0%

The excerpt below is from the majority opinion in Citizens United v. Federal Election Commission (2010).Political speech is "indispensable to decision making in a democracy, and this is no less true because the speech comes from a corporation rather than an individual."

Based on this excerpt, which part of the U.S. Constitution did the Court's majority use to support its opinion?

Rationale

The First Amendment

The Court's majority opinion in Citizens United v. Federal Election Commission (2010) is grounded in the First Amendment, which protects the freedom of speech. The opinion highlights that political speech is essential for democratic decision-making, irrespective of whether it originates from individuals or corporations. This reflects the First Amendment's role in safeguarding open discourse critical to democracy.

A (the Fifteenth Amendment) YOUR ANSWER

The Fifteenth Amendment addresses voting rights and prohibits the denial of the right to vote based on race, color, or previous condition of servitude. It does not concern free speech or political expression, which are the focus of the Citizens United case.

B (the Commerce Clause) YOUR ANSWER

The Commerce Clause grants Congress the power to regulate commerce among the states. It pertains to economic and trade regulations rather than issues of free speech or political expression, making it irrelevant to the Court's opinion in this case.

C (the First Amendment) YOUR ANSWER

The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It explicitly protects free speech, which is the central theme of this case. The Court's decision emphasized that corporations have the right to engage in political speech under the First Amendment, aligning with the excerpt's focus on the indispensability of political speech in democracy.

D (the Elections Clause) CORRECT

The Elections Clause primarily concerns the regulation of congressional elections, allowing Congress to alter state regulations. It does not address free speech or the broader context of political expression, which is the basis of the opinion in Citizens United.

Conclusion

The excerpt from the Citizens United case opinion reflects the application of the First Amendment, which protects political speech as a vital component of democratic governance. By affirming this protection, the Court underscored the importance of free expression, regardless of the speaker's identity as an individual or corporation. The other options—Fifteenth Amendment, Commerce Clause, and Elections Clause—do not relate to the core issue of free speech addressed in this decision.