National Republican Senatorial Committee v. Federal Election Comm’n · ¶69

Moreover, to the extent that amicus and intervenors are suggesting that earmarking rules go unenforced or under- enforced, that problem primarily is one of sufficient investigative resources and enforcement priorities by the Executive Branch. But a purported lack of Government (Executive) enforcement of campaign finance restrictions is not an excuse for the Government (Congress and the Executive) to turn around and enact legislation that would broadly suppress speech and sweep aside the First Amendment. As JUSTICE THOMAS explained: “Vigilant enforcement” of the earmarking rules is a more “precise response” by the Government to any “circumvention concerns.” Colorado II, 533 U. S., at 481 (dissenting opinion).

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