Over at Slate, Michael Moran has a piece on how to get money out of politics. Despite recent Supreme Court rulings, Moran believes that a simple legislative fix is available. If we require corporations (and unions) to be “politically neutral” if they want to receive any government benefits, then they will stop donating. Changes in the tax law will fix those meddling billionaires.
I think there are two main problems with this argument. First, I don’t believe Congress will ever pass anything like it. Those who win Congressional elections have an advantage in fundraising. Why would they then limit fundraising?
Second, I don’t see how these laws would be upheld by the current Supreme Court. You are still limiting freedom of speech, just in a roundabout way. And it seems to be a level of coercion that the SCOTUS just found illegal in their healthcare decision.
It still seems to me, based on recent Supreme Court rulings, that a constitutional amendment is still the only way to go.