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January 21, 2012 is the second anniversary of the Supreme Court decision of CITIZENS UNITED v. FEDERAL ELECTION COMMISSION

Today, I choose to look forward to the day it is overturned. In that vein, I offer a survey of Constitutional Amendments proposed to achieve that end. I will analyze them in future diaries. This is just a reference.

Article V of the Constitution provides for two methods of amendment. Congress can propose an amendment with 2/3 approval from each chamber. Joint Resolutions are the vehicles used for this process.

112th Senate Joint Resolution 29:


Section 1

Congress shall have power to regulate the raising and spending of money and in kind equivalents with respect to Federal elections, including through setting limits on--

(1) the amount of contributions to candidates for nomination for election to, or for election to, Federal office; and

(2) the amount of expenditures that may be made by, in support of, or in opposition to such candidates.

Section 2

A State shall have power to regulate the raising and spending of money and in kind equivalents with respect to State elections, including through setting limits on--

(1) the amount of contributions to candidates for nomination for election to, or for election to, State office; and

(2) the amount of expenditures that may be made by, in support of, or in opposition to such candidates.

Section 3

Congress shall have power to implement and enforce this article by appropriate legislation.




112th Senate Joint Resolution 33:


Section 1

The rights protected by the Constitution of the United States are the rights of natural persons and do not extend to for-profit corporations, limited liability companies, or other private entities established for business purposes or to promote business interests under the laws of any state, the United States, or any foreign state.

Section 2

Such corporate and other private entities established under law are subject to regulation by the people through the legislative process so long as such regulations are consistent with the powers of Congress and the States and do not limit the freedom of the press.

Section 3

Such corporate and other private entities shall be prohibited from making contributions or expenditures in any election of any candidate for public office or the vote upon any ballot measure submitted to the people.

Section 4

Congress and the States shall have the power to regulate and set limits on all election contributions and expenditures, including a candidate's own spending, and to authorize the establishment of political committees to receive, spend, and publicly disclose the sources of those contributions and expenditures.

House Joint Resolutions and others after the fold...

[UPDATE 1/27/12: HJR 6 added to list]

112th House Joint Resolution 6:


Section 1

The first article of amendment does not apply to the political speech of any corporation, partnership, business trust, association, or other business organization with respect to the making of contributions, expenditures, or other disbursements of funds in connection with public elections.

Section 2

Congress shall have power to set limits on the amount of contributions that may be accepted by, and the amount of expenditures that may be made by, in support of, or in opposition to, a candidate for nomination for election to, or for election to, Federal office.

Section 3

A State shall have power to set limits on the amount of contributions that may be accepted by, and the amount of expenditures that may be made by, in support of, or in opposition to, a candidate for nomination for election to, or for election to, State or local office.

Section 4

Congress shall have power to implement and enforce this article by appropriate legislation.

Rep Kaptur, Marcy-OH




[UPDATE 1/27/12: HJR 7 added to list]

112th House Joint Resolution 7:

The first article of amendment does not apply to the political speech of any corporation, partnership, business trust, association, or other business organization with respect to the making of contributions, expenditures, or other disbursements of funds in connection with public elections.

Rep Kaptur, Marcy-OH




112th House Joint Resolution 8:


Section 1

Congress shall have power to set limits on the amount of contributions that may be accepted by, and the amount of expenditures that may be made by, in support of, or in opposition to, a candidate for nomination for election to, or for election to, Federal office.

Section 2

A State shall have power to set limits on the amount of contributions that may be accepted by, and the amount of expenditures that may be made by, in support of, or in opposition to, a candidate for nomination for election to, or for election to, State or local office.

Section 3

Congress shall have power to implement and enforce this article by appropriate legislation.




112th House Joint Resolution 65:


Section 1

A candidate for election for the office of Senator may not accept contributions, including funds and in-kind equivalents, from individuals who do not reside in the State the candidate seeks to represent.

Section 2

A candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not accept contributions, including funds and in-kind equivalents, from individuals who do not reside in the Congressional district the candidate seeks to represent.

Section 3

Congress shall have power to implement and enforce this article by appropriate legislation.




112th House Joint Resolution 72:


Section 1

The Congress shall have power to prohibit, limit, and otherwise regulate the contribution of funds or donation of in-kind equivalents to candidates standing for election to a Federal office in the United States and to prohibit, limit, and otherwise regulate the expenditure of funds or donation of in-kind equivalents used to support or purchase media advertisements intended to influence the outcome of an election for Federal office in the United States.

Whenever Congress should exercise such power, it must apply equally and uniformly to all individual persons recognized as citizens of the United States.

Whenever Congress should exercise such power on associations of citizens of the United States, it must apply equally and uniformly to all associations of citizens of the United States.

Section 2

Each of the several States shall have power to prohibit, limit, and otherwise regulate the contribution of funds or donation of in-kind equivalents to candidates standing for election to public office in the State and to prohibit, limit, and otherwise regulate expenditure of funds or donation of in-kind equivalents used
to support or purchase media advertisements intended to influence the outcome of an election for public office or plebiscite in the State.

Whenever a State should exercise such power, it must apply equally and uniformly to all individual persons recognized as citizens of the State.

Whenever a State should exercise such power on associations of citizens of the State, it must apply equally and uniformly to all associations of citizens of the State.

Section 3

A person who is not a citizen of the United States, including an association of persons who are not citizens of the United States, a foreign government, or any person acting as an agent thereof, may not contribute funds or donate in-kind equivalents to candidates standing for election to public office in the United States or
otherwise expend funds or donate in-kind equivalents in a manner intended to influence the outcome an election for public office or plebiscite in the United States.

Section 4

Congress shall have the power to enforce this article by appropriate legislation.




112th House Joint Resolution 78:


Section 1

Nothing in this Constitution shall prohibit Congress and the States from imposing content-neutral regulations and restrictions on the expenditure of funds for political activity by any corporation, limited liability company, or other corporate entity, including but not limited to contributions in support of, or in opposition to, a candidate for public office.

Section 2

Nothing contained in this Article shall be construed to abridge the freedom of the press.




112th House Joint Resolution 82:


Section 1

Congress shall have the power to regulate any expenditure by a corporation in connection with an election for Federal office.

Section 2

Each of the several States shall have the power to regulate any expenditure by a corporation in connection with an election for State or local public office or a plebiscite in the State.

Section 3

Nothing contained in this Article shall be construed to abridge the freedom of the press.




112th House Joint Resolution 86:


Section 1

Congress shall have power to regulate the raising and spending of money and in kind equivalents with respect to Federal elections, including through setting limits on--

(1) the amount of contributions to candidates for nomination for election to, or for election to, Federal office; and

(2) the amount of expenditures that may be made by, in support of, or in opposition to such candidates.

Section 2

A State shall have power to regulate the raising and spending of money and in kind equivalents with respect to State elections, including through setting limits on--

(1) the amount of contributions to candidates for nomination for election to, or for election to, State office; and

(2) the amount of expenditures that may be made by, in support of, or in opposition to such candidates.

Section 3

Congress shall have power to implement and enforce this article by appropriate legislation.




112th House Joint Resolution 88:


Section 1

We the people who ordain and establish this Constitution intend the rights protected by this Constitution to be the rights of natural persons.

Section 2

The words people, person, or citizen as used in this Constitution do not include corporations, limited liability companies or other corporate entities established by the laws of any State, the United States, or any foreign state, and such corporate entities are subject to such regulation as the people, through their elected State and Federal representatives, deem reasonable and are otherwise consistent with the powers of Congress and the States under this Constitution.

Section 3

Nothing contained herein shall be construed to limit the people's rights of freedom of speech, freedom of the press, free exercise of religion, freedom of association and all such other rights of the people, which rights are inalienable.




112th House Joint Resolution 90:


Section 1

The rights protected by the Constitution of the United States are the rights of natural persons and do not extend to for-profit corporations, limited liability companies, or other private entities established for business purposes or to promote business interests under the laws of any state, the United States, or any foreign state.

Section 2

Such corporate and other private entities established under law are subject to regulation by the people through the legislative process so long as such regulations are consistent with the powers of Congress and the States and do not limit the freedom of the press.

Section 3

Such corporate and other private entities shall be prohibited from making contributions or expenditures in any election of any candidate for public office or the vote upon any ballot measure submitted to the people.

Section 4

Congress and the States shall have the power to regulate and set limits on all election contributions and expenditures, including a candidate's own spending, and to authorize the establishment of political committees to receive, spend, and publicly disclose the sources of those contributions and expenditures.




112th House Joint Resolution 92:


Section 1

Because of the compelling public interest in preventing corruption and the appearance of corruption among elected officials, and because corporations and other business organizations are not natural persons or citizens, Congress and the States may regulate the disbursement of funds for political activity by for-profit corporations, other for-profit business entities, or other business organizations, without regard to whether or not the activity is carried out independently from any candidate or political party.

Section 2

Nothing contained in this Article shall be construed to abridge the freedom of the press.




112th House Joint Resolution 97:


Section 1

Financial expenditures, or in kind equivalents, with respect to a candidate for Federal office, without regard to whether or not a communication expressly advocates the election or defeat of a specified candidate in the election, shall not constitute protected speech, as guaranteed by this Constitution or any amendment to this Constitution.

Section 2

Congress shall have the power to enact a mandatory public financing system to provide funds to qualified candidates in elections for Federal office, which shall be the sole source of funds raised or spent with respect to Federal elections.

Section 3

Congress shall set forth a legal public holiday for the purposes of voting in regularly scheduled general elections for Federal office.




112th House Joint Resolution 100:


Section 1

All campaigns for President and Members of the United States House of Representatives and the United States Senate shall be financed entirely with public funds. No contributions shall be permitted to any candidate for Federal office from any other source, including the candidate.

Section 2

No expenditures shall be permitted in support of any candidate for Federal office, or in opposition to any candidate for Federal office, from any other source, including the candidate. Nothing in this Section shall be construed to abridge the freedom of the press.

Section 3

The Congress shall, by statute, provide limitations on the amounts and timing of the expenditures of such public funds.

Section 4

The Congress shall, by statute, provide criminal penalties for any violation of this Article.

Section 5

The Congress shall have the power to implement and enforce this article by appropriate legislation.




United For the People

When I started researching proposals there were only about 6-7 links at this site. As I double-check the link for this diary, I find 73 organizations. Yikes, that's a lot of growth.

The freedoms of speech and the press, and the right to assemble peaceably and to petition the Government for the redress of grievances, as protected by this Constitution, shall not encompass the speech, association, or other activities of any corporation or other artificial entity created for business purposes, except for a corporation or entity whose business is the publication or broadcasting of information, when such corporation or entity is engaged in that business. A corporation or other artificial entity created for business purposes includes a corporation or entity that, although not itself engaged in business pursuits, receives the majority of its funding from other corporations or artificial entities created for business purposes.

Congress and the States may make laws imposing reasonable restrictions on the speech and association of corporations and other artificial entities created for business purposes. This article shall not authorize restrictions not otherwise permissible on the freedom of speech or of the press enjoyed by a corporation or entity whose business is the publication or broadcasting of information, when such corporation or entity is engaged in that business. A corporation or other artificial entity created for business purposes includes a corporation or entity that, although not itself engaged in business pursuits, receives the majority of its funding from other corporations or artificial entities created for business purposes.

Democracy is for People

Citizens United v. FEC Constitutional Remedies: List of local, state and federal resolution efforts

Sample State/City Resolution Supporting a Constitutional Amendment

Move to Amend 28th Amendment

Section 1 [A corporation is not a person and can be regulated]

The rights protected by the Constitution of the United States are the rights of natural persons only.

Artificial entities, such as corporations, limited liability companies, and other entities, established by the laws of any State, the United States, or any foreign state shall have no rights under this Constitution and are subject to regulation by the People, through Federal, State, or local law.

The privileges of artificial entities shall be determined by the People, through Federal, State, or local law, and shall not be construed to be inherent or inalienable.

Section 2 [Money is not speech and can be regulated]

Federal, State and local government shall regulate, limit, or prohibit contributions and expenditures, including a candidate’s own contributions and expenditures, for the purpose of influencing in any way the election of any candidate for public office or any ballot measure.

Federal, State and local government shall require that any permissible contributions and expenditures be publicly disclosed.

The judiciary shall not construe the spending of money to influence elections to be speech under the First Amendment.

Section 3

Nothing contained in this amendment shall be construed to abridge the freedom of the press.

There is a wide variety of approaches to getting corporate money out of politics, and it will take time to develop a single strategy to build a consensus around. It will take a great deal of work to get it ratified.

Originally posted to Zera Lee on Sat Jan 21, 2012 at 12:37 AM PST.

Also republished by Community Spotlight.

Poll

What is you prefered strategy for overturning Citizens United?

40%51 votes
0%1 votes
13%17 votes
0%0 votes
14%19 votes
26%34 votes
3%4 votes

| 127 votes | Vote | Results

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