On August 8, a 3-judge U.S. District Court in Washington, D.C., upheld the federal laws that make it illegal for aliens who are not admitted for permanent residency from spending money advocating the election or defeat of candidates for federal office, or for donating money to political parties. The 18-page decision is here. The case is Bluman v FEC, 10-1766.

The decision says, “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.” The decision also notes that the two plaintiffs are citizens of countries that would not permit a U.S. citizen who lived in those countries (Canada and Israel) to spend money to influence candidate elections in those countries. Finally, the decision notes that neither plaintiff is willing to say that he wants to become a resident alien.

The decision did not decide what would happen if Congress should also make it illegal for permanent-residency aliens to spend money to influence U.S. federal elections. But the decision notes that permanent-residency aliens may serve in the U.S. armed forces, whereas non-permanent aliens may not. The decision has an interesting discussion of which constitutional rights apply to non-resident aliens, and which parts don’t. Thanks to Rick Hasen for the link.