The distinction between contributions and expenditures—the first enjoying less constitutional protection than the latter—keeps its hold on campaign finance jurisprudence, for better or worse. Citizens United shows that the difference carries considerable continuing clout on major issues. It does supply courts with a familiar analytical tool that they can use to dispose, often simplistically, of complicated issues. For example, the Colorado Republican cases raise important questions about party activity, especially the relationship between candidates and their parties. By turning to the storied contribution/expenditure analysis, the Courts could dodge the hard issues and decide the case. What this analysis yielded was odd, however. Suddenly parties could spend money freely if “independently” on behalf of their candidates, while their routine support of the same candidates, in day to day contact with them, were effectively “contributions” and limited in amount.

The McCutcheon case (McCutcheon v. Fed. Election Comm'n, No. 12-536 (S. Ct. docketed Nov. 1, 2012)), testing the aggregate biennial contribution limits, is another example of a perplexing nature of the contribution/expenditure distinction.