Seven Amendments to Overturn Citizens United

Citizens United:  The Dred Scott decision of the 21^st century

In Citizens United v. Federal Election Commission, the Supreme Court has unleashed a flood of political spending by incorporated entities of all types:  PACs, Super PACs, businesses, unions, and other associations.  In essence, the Citizens United ruling says that the free speech clause of the first amendment prohibits the government from restricting independent expenditures for political communications by incorporated entities.  Corporations have been declared to be people.  This decision is so egregious that it will go down in history as the Dred Scott of the 21^st century.  For more historical perspective, see MLK's Dream in the 21st Century. 

The bad news:  because corporations have been granted first amendment rights, this will require a constitutional amendment.  The good news:  the House is trying.  Here are seven different constitutional amendments pending as of January 2020 around this issue. 

Resolution	Sponsorship	Key provisions	Checklist of issues addressed
House Joint Res. 2 & Senate Joint Res. 51	House ·  Theodore Deutch, D-FL ·  221 co-sponsors o 220 D o 1 R, Katko-NY) Senate ·  Tom Udall, D-NM ·  46 co-sponsors (44-D, 2-I)	·  Congress and States may regulate raising and spending money by candidates and others to influence elections. ·  Congress and States may distinguish between natural persons and artificial entities, e.g. corporations, in legislation implementing this amendment, including prohibiting entities from spending money. ·  Congress and States may not abridge freedom of the press.	·  Regulate spending ·  Limits artificial entities ·  Freedom of the press
House Joint Res. 48	·  Primala Jayapal, D-WA ·  73 co-sponsors (all D)	·  Artificial entities do not have constitutional rights and are subject to regulation by people under laws. ·  Congress, states, and localities shall regulate political spending to ensure equal access to political process. ·  Congress, states, and localities shall require all contributions and spending are publicly disclosed. ·  Judiciary may not construe political spending to be 1st amendment speech. ·  Congress and States may not abridge freedom of the press.	·  Regulate spending ·  Limits artificial entities ·  Require equal access   · Mandates public disclosure ·   Money not speech ·  Freedom of the press
House Joint Res. 57	·  Adam Schiff, D-CA ·  16 co-sponsors (all D)	·  Constitution shall not forbid Congress or States from imposing content-neutral limitations on campaign contributions and expenditures. ·  Constitution shall not forbid Congress or States from setting up public campaign financing to restrict the influence of private wealth by supplying public funds.	·  Regulate spending ·  Public election financing
House Joint Res. 33	·  John Yarmuth, D-KY ·  3 co-sponsors (all D)	·  Financial expenditures or in-kind equivalents for Federal office are not protected speech. ·  Congress shall have the power to enact mandatory public financing system as sole source of funds for Federal election.	·  Money not speech ·  Public election financing
House Joint Res. 73	·  Jerry McNerney, D-CA ·  2 co-sponsors (all D)	·  Limits direct and indirect funding for/against campaign to money sent by individual citizens directly to candidate’s campaign committee or from public financing. ·  Limits funding for/against state ballot measures or constitutional amendments to money from eligible voters or public financing. ·  Congress, States, and localities shall limit amount that can be donated by individuals and candidates to elections or ballot measures. ·  Congress and States may not abridge freedom of the press.	·  Limits artificial entities ·  Regulate spending ·  Freedom of the press ·  Include ballot measures
House Joint Res. 39	·  Marcy Kaptur, D-OH ·  1 co-sponsor (D)	·  First Amendment does not apply to any business entity with respect to any spending on elections. ·  Congress shall have power to set limits on contributions and expenditures for election to Federal office. ·  States shall have power to set limits on contributions and expenditures for election to state office.	·  Limits artificial entities ·  Regulate spending
House Joint Res. 21	·  Kurt Schrader, D-OR ·  No co-sponsors	·  Congress (and States) shall have power to limit or regulate donations of funds or in-kind expenditures to candidates or media advertisements for Federal (or State) office.  o Regulations must apply equally to all individual citizens o Regulations must apply equally to all associations of citizens ·  Non-citizens, association of non-citizens, foreign governments, or their agents may not contribute funds or in-kind to candidates or to influence an election. ·  Article is limited to content-neutral regulation of political contributions and expenditures.	·  Regulate spending ·  Require equal access ·  Prohibit foreign contributions

What can you do?

• Contact your Representative and ask them to co-sponsor one of the amendments.  And ask them to lobby the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties to hold hearings on the issue this year.
• Contact your Senator and ask them to sponsor one of the amendments.
• Ask your candidates for Congress to support one of the amendments.