Constitutional Authority Statement for H.R. 1422; Congressional Record Vol. 165, No. 37
(House of Representatives - February 28, 2019)

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[Page H2315]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. GOSAR:
       H.R. 1422.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I Section 8, Clause 18, the Necessary and Proper 
     Clause
       In 2011, the United States District Court for the District 
     of Columbia held in Bluman v. FEC that ``It is fundamental to 
     the definition of our national political community that 
     foreign citizens do not have a constitutional right to 
     participate in, and thus may be excluded from, activities of 
     democratic self-government.'' Bluman specifically addressed 
     and prohibited political campaign contributions to U.S. 
     elections.
       In 2012, the United States Supreme Court affirmed, holding 
     that the prohibition in 2 U.S.C. 441 (e) on campaign 
     contributions by any ``foreign national'' was narrowly 
     tailored to achieve a compelling governmental interest.
       Given that the Stop Foreign Donations Affecting Our 
     Elections Act supplements the intent of these rulings and the 
     1966 law that banned such contributions, it is both within 
     the scope of Congress's power and is thus constitutional.