1.1 A resolution
1.2 memorializing Congress to
overturn the United States Supreme Court decision Citizens
1.3 United v. FEC; requesting
that Congress clarify that the rights protected under the
1.4 Constitution are the rights
of natural persons and not the rights of artificial entities and
1.5 that spending money to
influence elections is not speech under the First Amendment;
1.6 asking that Congress propose
a constitutional amendment to provide such clarification.
1.7 WHEREAS, when the states and
federal government first authorized the creation of
1.8 corporations, they were
regulated by the people and their elected representatives through law; and
1.9 WHEREAS, the Supreme Court
granted constitutional rights to corporations thereby limiting
1.10 the right of the people to
regulate corporations through federal, state, or local law; and
1.11 WHEREAS, Supreme Court rulings
on political spending in recent decades have undermined
1.12 the First Amendment, which was
designed, even according to the Supreme Court in 1976, "to secure
1.13 the widest possible
dissemination of information from diverse and antagonistic sources," and
"to
1.14 assure the unfettered
interchange of ideas for the bringing about of political and social changes
1.15 desired by the people."
Supreme Court rulings that have equated money as speech have enabled
1.16 people, corporations, and other
entities to spend virtually unlimited money in support of favored
1.17 candidates and interests,
undermining the core First Amendment value of open and robust debate
1.18 in the political process and
the opportunity for voters to hear speech from all candidates and all
1.19 perspectives; and
1.20 WHEREAS, by giving artificial
entities the constitutional rights of persons and treating
1.21 money as speech, the courts
have undercut the rights of citizens to equal and meaningful participation
1.22 in the democratic process, and
given corporations and other entities more power than people when
1.23 government is supposed to be
"of the people, by the people, and for the people"; and
1.24 WHEREAS, this undermines public
confidence in the democratic process and democratic
1.25 institutions; and
2.1 WHEREAS, under Article V of
the Constitution of the United States, the Congress, whenever
2.2 two-thirds of both Houses
shall deem it necessary, shall propose amendments to the Constitution;
2.3 NOW, THEREFORE,
2.4 BE IT RESOLVED by the
Legislature of the State of Minnesota that it requests that Congress
2.5 propose an amendment to the
Constitution that shall substantially read as follows:
2.6 "(1) The rights
protected by the Constitution of the United States are the rights of natural
2.7 persons only.
2.8 (2) Any entity, including any
organization or association of one or more persons, established
2.9 or allowed by the laws of any
State, the United States, or any Foreign State shall have no rights
2.10 under this Constitution
separate from the rights of its members, and is subject to regulation by the
2.11 people, through Federal, State,
or local law through which the entity is granted rights and given
2.12 responsibilities.
2.13 (3) Federal, State, and local
government shall regulate, limit, or prohibit contributions and
2.14 expenditures, including a candidate's
own contributions and expenditures, to ensure that all citizens,
2.15 regardless of their economic
status, have access to the political process, and that no person gains,
2.16 as a result of their money,
substantially more access or ability to influence in any way the election
2.17 of any candidate for public
office or any ballot measure.
2.18 (4) Federal, State, and local
government shall require that any permissible contributions and
2.19 expenditures be publicly
disclosed."
2.20 BE IT FURTHER RESOLVED that the
Secretary of State of the State of Minnesota is directed
2.21 to prepare copies of this
resolution and transmit them to the Speaker and the Clerk of the United
2.22 States House of
Representatives, the President and the Secretary of the United States Senate,
the
2.23 United States Secretary of
State, and Minnesota's Senators and Representatives in Congress.
