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the appearance of corruption.” McConnell, 540 U.S. at 136.
The Court bluntly held these interests are “not limited . . . to
the elimination of cash-for-vote exchanges,” but “extend to
the broader threat from politicians too compliant with the
wishes of large contributors.” Id. at 143. Congress must be
able to “address [these] more subtle but equally dispiriting
forms of corruption” by “remov[ing] the temptation” of “large
financial contributions.” Id. at 153. To combat “cynical
assumption[s],” Congress can “regulate the appearance of
undue influence,” with “undue influence” defined as “a sense
of obligation” or “grat[itude],” id. at 144–45. Importantly,
Congress also has an interest in preventing the circumvention
of these limits—and so can use broad prophylaxes—because
“candidates, donors, and parties test the limits of the current
law.” Id. at 144. In sum, McConnell defines the “interest” so
broadly it is hard to imagine regulations that are not properly
drawn to it. See id. at 356–57 (Rehnquist, C.J., dissenting).
Following from such an encompassing statement of the
interest, the McConnell Court facially upheld many onerous
restrictions on the use of soft money. The Court emphasized,
for example, that even a complete ban on soliciting nonfederal
funds would still “leave open ample opportunities for
soliciting federal funds,” and noted such restrictions “increase
the dissemination of information by forcing parties,
candidates, and officeholders to solicit from a wider array of
potential donors.” Id. at 139–40. The Court also upheld a
ban on any use of soft money by national parties, even for
those “minor parties” that are unlikely to have any tangible
electoral success, remarking only that “a nascent or struggling
minor party can bring an as-applied challenge if § 323(a)
prevents it from amassing the resources necessary for
effective advocacy.” Id. at 159. While national parties do not
always act on behalf of or in concert with federal candidates,
a prophylactic prohibition on any soft money spending and