Limits on contributions to candidates no longer restrict what people can give to electoral efforts; they simply channel funds to less responsible and more destructive speakers. If contributions to super PACs can’t be limited, perhaps the Supreme Court should overrule 40 years of precedent, give all contribution limits a respectful burial, and acknowledge that the American government is for sale.

No sane legislator would vote in favor of our regime of campaign financing, and no legislator ever has. The United States has this topsy-turvy regime because the federal courts have held that the First Amendment requires it.

Yet the thought that the Constitution requires it looks loopy too. According to the courts, Congress can prohibit a $6,000 contribution to an official campaign because this contribution is corrupting or creates the appearance of corruption. But Congress cannot prohibit an $11 million contribution to a super PAC because this contribution does not give rise to corruption or the appearance of corruption.

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