Concerned about the injustice of unchecked corporate power and the corrosive influence of concentrated money in politics? Join TPC member Keith Gillette for a coffee meeting with Representative Ed Coppinger for 10:00am on Friday, 12-December-2014, at Bruegger’s Bagels on VFW Parkway to ask him to co-sponsor the “We the People” Petition bill (text of which follows) that will be introduced in the Massachusetts state legislature in January.
This bill, supported by Move to Amend, is part of a nationwide movement to build grassroots state-level support to pressure the U.S. Congress to amend the Constitution to reduce the corrosive influence of concentrated money in our representative democracy and restore the balance of power that has been lost in granting the “artificial persons” of corporations the same constitutional rights as the “natural persons” of human beings.
If you’re member of the Massachusetts Tenth Suffolk district and concerned about this issue, you’re invited to join Keith to chat with Representative Coppinger over coffee next Friday and express support for this important legislation.
For more information, contact Keith Gillette.
Proposed Name:
“We the People” Petition
For a U.S. Constitutional Amendment and Amendments Convention
draft 11-1-2014
WHEREAS, the 1st President of the United States George Washington stated, “The basis of our political systems is the right of the people to make and to alter their Constitutions of Government.” and,
WHEREAS, it was the stated intention of the framers of the Constitution of the United States of America that the Congress of the United States of America should be “dependent on the people alone.” (James Madison, Federalist 52); and,
WHEREAS, that dependency has evolved from a dependency on the people alone to a dependency on those who spend excessively in elections, through campaigns or third-party groups; and,
WHEREAS, the United States Supreme Court ruling in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) removed restrictions on amounts of independent political spending; and,
WHEREAS, the removal of those restrictions has resulted in the unjust influence of powerful economic forces, which have supplanted the will of the people by undermining our ability to choose our political leadership, write our own laws, and determine the fate of our state; and
WHEREAS, corporations are artificial entities that governments create and, as such, do not possess the same unalienable rights of natural persons protected by the Constitution; and
WHEREAS, corporations have used a claim to the rights enumerated in the US Constitution, including under the 1st, 4th, 5th and 14th Amendments, to challenge and overturn democratically enacted laws protecting the public interest; and
WHEREAS Article V of the United States Constitution requires the United States Congress to call a convention for proposing amendments upon application of two-thirds of the legislatures of the several states for the purpose of proposing amendments to the United States Constitution; and
WHEREAS the Commonwealth of Massachusetts sees the need for a convention to propose amendments in order to address concerns about the integrity of our elections and about the ability of the people to participate in effective self-government, specifically those concerns arising from the United States Supreme Court’s rulings limiting the ability of the legislature to regulate the raising and spending of money in elections and granting constitutional rights to corporations; and desires that said convention should be so limited; and
WHEREAS the Commonwealth of Massachusetts desires that the delegates to said convention shall be comprised equally from individuals currently elected to state and local office, or be selected by election in each Congressional district for the purpose of serving as delegates, though all individuals elected or appointed to federal office, now or in the past, be prohibited from serving as delegates to the Convention, and intends to retain the ability to restrict or expand the power of its delegates within the limits expressed above; and
WHEREAS the Commonwealth of Massachusetts intends that this be a continuing application considered together with applications calling for a convention in the 2013-2014 Vermont legislature as JRS 27 and the 2013-2014 California legislature as AJR 1, and all other passed, pending, and future applications, the aforementioned concerns of Massachusetts notwithstanding until such time as two-thirds of the Several States have applied for a Convention and said Convention is convened by Congress;
Therefore, BE IT RESOLVED by the Legislature of the Commonwealth of Massachusetts that it calls on Congress to propose an amendment to the Constitution that would affirm that
- a) the rights protected by the Constitution of the United States are the rights of natural persons only and not artificial entities and
- b) Congress and the states shall place limits on political contributions and expenditures to ensure that all citizens have access to the political process, and the spending of money to influence elections is not protected free speech under the First Amendment; and
Be it further Resolved that if Congress does not propose this constitutional amendment within 6 months of the passage of this bill, then this bill constitutes a petition by the Commonwealth of Massachusetts, speaking through its legislature, and pursuant to Article V of the United States Constitution, to the Congress to call a Convention for the purpose of proposing Amendments to the Constitution of the United States of America as soon as two-thirds of the several States have applied for a Convention; and,
Be it further Resolved, that the Clerk of the Massachusetts House of Representatives and Clerk of the Senate transmit copies of this resolution to the President and Vice President of the United States, the Speaker of the United States House of Representatives, the Minority Leader of the United States House of Representatives, the President Pro Tempore of the United States Senate, to each Senator and Representative from Massachusetts in the Congress of the United States, to the Governor of each State, and to the presiding officers of each legislative body of each of the several States, requesting the cooperation of the several States in issuing an application compelling Congress to call a convention for proposing amendments pursuant to Article V of the United States Constitution.
“We the People” Petition
For a U.S. Constitutional Amendment and Amendments Convention
The Problem: “We, the People” no longer govern
The U.S. Supreme Court, in Citizens United v. FEC and other rulings, has given corporations and other artificial entities constitutional rights that our Founders intended only for human beings. Using the Bill of Rights, wealthy individuals and corporations have persuaded the courts to overturn state and federal campaign finance laws and many other democratically enacted laws protecting our health, safety, environment, and democracy.
And by declaring money spent to influence elections to be free speech protected by the First Amendment, the Supreme Court has allowed special interest money to flood into elections and overwhelm the voice of the average voter. The system of “one person, one vote” has become “one dollar, one vote.”
What does this bill do and what must be accomplished by a democracy amendment?
The bill first calls on Congress to propose an amendment to the U.S. Constitution affirming that
- the rights protected by the Constitution are the rights of natural persons only and not artificial entities and
- Congress and the states may place limits on political contributions and expenditures, and the spending of money to influence elections is not protected free speech under the First Amendment.
The necessity of prohibiting rights for artificial entities is illustrated by the following example: In the 1990s Massachusetts tried to protect the health of schoolchildren by passing a law that banned cigarette ads within a thousand feet of schools and playgrounds. In 2001, the Supreme Court struck down the law on the grounds that it violated the constitutional free speech rights of tobacco companies. Yet correctly viewed, the law regulated commercial conduct, not a person’s free speech.
Establishing limits on campaign spending is necessary because of the obvious congressional dependence on funders and the inevitable corruption that results. Global corporations are spending millions to influence US elections. It can be argued that due to the flood of special interest money into our elections, the democracy has been taken from “We the People.”
If Congress does not propose the amendment described above, this legislation petitions for a convention to propose amendments to the Constitution. Article V of the Constitution provides that such a convention can be called upon application of 2/3, or 34, of the states. An Amendments Convention can then be held and propose constitutional amendments that then must still be ratified by ¾ of the states, or 38 states.
Hasn’t the Massachusetts Legislature already taken action?
In July of 2012, in an almost unanimous bipartisan vote, the Massachusetts House and Senate passed resolutions that called on Congress to propose a constitutional amendment to restore the First Amendment and fair elections to the people. To date, a total of 16 states have called on Congress to propose such an amendment, and this has helped build momentum. But more can and must be done.
The Legislature must clarify to the Massachusetts congressional delegation what the needed amendment must accomplish. Further, the Legislature can and must put more pressure on Congress to act, by applying for a convention to be held to propose such an amendment.
Why petition for an Article V Amendments Convention?
While the common path has been for Congress to propose amendments, the framers recognized the need for a failsafe in the event that Congress is part of the problem the voters wanted addressed. The states are the essential back up in the system outlined in Article V, which allows the state legislatures to bypass an unresponsive Congress. The convention route is a tool that allows state legislators, who are more responsive to the voters, to represent the people when popular sentiment finds no voice in Congress.
History has shown that when numerous state legislatures apply for such a convention, Congress can be induced to propose an amendment. The Populists and their allies used this strategy in the early twentieth century to persuade a reluctant Congress to put forth the 17th Amendment, which established the direct election of the U.S. Senate. Congress relented only when it became clear that the call for a convention was on the verge of succeeding. In fact, 4 of the last 11 constitutional amendments began with state level resolutions that helped pressure Congress to propose them.
An Amendments Convention proposes amendments that must be ratified by ¾ of the states to pass, i.e. 38 states. In today’s polarized climate this requirement ensures that only measures supported by elected officials of multiple political ideologies stand a chance of becoming amendments. Opposition from one chamber in a mere 13 states would be enough to kill a proposed amendment. Thus any proposal that does not speak to a broad consensus among Americans of different political stripes is doomed to fail the ratification process, even if it somehow makes it out of a convention.
What is the support for a democracy amendment among voters?
It is clear that momentum is building for an amendment to bring about a true democracy. Voters across party lines – Democrats, Republicans, and independents – and across political persuasions – progressives, moderates, and conservatives – believe that we have lost control of our government. Polls have repeatedly indicated that a majority of Americans oppose the Citizens United decision and that a majority of small businesses believe the decision is bad for business. In November 2012, one million Massachusetts voters were asked in a ballot question if they support a strong amendment with the provisions in this bill. The question passed easily with 79% support. In 2014, the voters in 18 additional state representative districts voted overwhelmingly (over 70%) for this amendment.
The legislatures of Vermont and California led the way earlier this year by formally calling for a convention to address this crisis of democracy. The Massachusetts Legislature can join them in leading the nation toward an amendment that will bring about government of, by, and for the people.
DRAFT 12-1-14