In a piece for Boston Review, I say something like this:
The modern Constitution, the one we think of as democratic, did not flower naturally and gloriously from a founding seedling. Its emergence instead looks spasmodic, prejudiced, opportunistic, unpredictable, at times violent, always strange. But because Justice Roberts assesses the Constitution not narratively and historically but structurally and taxonomically, the opinion in McCutcheon is bulletproof. Thanks to the underlying equal right of participation, the Roberts Constitution—neither strictly “originalist” nor liberally “living”—resolves and pacifies all the wild action around voting and equality that has marked the document’s veering career. The Roberts Constitution may serenely apply itself, without tension, to all relevant issues.
What money corrupts is the whole activity of governing. The legislative docket is the game board. The electorate and the elected alike are the pieces. Most of us don’t have the money to play in that game, and because we don’t have the money—and because we do, thanks to our constitutional history, have the vote—we are the pawns. [. . .] None of that matters to the McCutcheon opinion. There, a large talent for exegesis is expended in proving there is nothing Congress can do to ameliorate its own incapacity as a broadly representative body.