Difficulty: Medium

Average Score: 57%

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) invoked the First Amendment, which protects the freedom of speech, including political speech, as fundamental to democratic decision-making. The ruling emphasized that this protection extends to corporations as well as individuals, thereby reinforcing the idea that political expression is vital regardless of the speaker's identity.

A (the Fifteenth Amendment) YOUR ANSWER

The Fifteenth Amendment focuses on prohibiting the federal and state governments from denying a citizen the right to vote based on "race, color, or previous condition of servitude." While it addresses voting rights, it does not pertain to the protection of political speech or the rights of corporations in political contexts.

B (the Commerce Clause) YOUR ANSWER

The Commerce Clause grants Congress the power to regulate commerce among the states. It is primarily concerned with economic activities and does not directly address issues of free speech or political expression, which are central to the Court's ruling in Citizens United.

C (the First Amendment) CORRECT

The First Amendment explicitly protects freedoms concerning religion, expression, assembly, and the right to petition. The majority opinion in Citizens United emphasized that political speech is indispensable to democracy and that these protections extend to corporate entities, thereby making this the relevant constitutional basis for the Court's decision.

D (the Elections Clause) YOUR ANSWER

The Elections Clause grants Congress the authority to regulate the times, places, and manner of elections. While it relates to the electoral process, it does not provide a basis for the protections of political speech that were central to the Court's ruling in Citizens United.

Conclusion

In Citizens United v. Federal Election Commission, the majority opinion relied on the First Amendment to support the assertion that political speech is crucial for democracy, affirming that such speech is protected regardless of whether it comes from individuals or corporations. Other constitutional provisions, such as the Fifteenth Amendment, Commerce Clause, and Elections Clause, do not address the free speech implications that were pivotal in this landmark ruling.