The Text of the Proposed Constitutional Amendment

Amendment to the U.S. Constitution

Section 1 [Corporations are not people 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.

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4 Responses to The Text of the Proposed Constitutional Amendment

  1. Christina Botsch says:

    I support an end to the ridiculuous notion that corporations are “persons”.
    I support this amendment.

  2. Posted by michaelangelo-raphaelo.blogspot.com
    Thursday, December 8, 2011

    THE VOTE HEARD AROUND THE WORLD

    Los Angeles’ vote was heard the world.
    Signaling new hope for democracy unfurled.
    LA voted for a U.S. Constitution Amendment
    Eliminating the power of the 1% to take over the U.S. Government.

    LA’s vote of December 6, 2011 will go down in history.
    Who controls the U.S. Government is not a mystery.
    The rich want to take from all the rest.
    Then add the “take” to their largesse.

    80% of Americans are against the “Citizen’s United” decision.
    This errant act by the U.S. Supreme Court ignited a revolution.
    The 1% have corrupted American Government long enough.
    “We the People” must remove the Congressional money trough.

    Democracy in America must be here to stay.
    The Republicans are working to take it away.
    The America of our fathers must again be won.
    Regain the American dream by repeating LA’s historic action.

    Don’t quit! Keep the faith! We can win!
    Stand up! Fight back! Again, and again!
    Join the 99% revolution and vote to takeover congress!
    Vote for a genuine progressive congressional democrat!

  3. Gilbert Wootton says:

    The text of a new amendment must be written in a way that can actually return national government to the people, un-do the effects of Court decisions including Citizens United vs. FEC and others, and withstand far-fetched and irrational arguments by ideologically motivated judges. I have not seen any proposed amendments that would accomplish that. Proposed texts must be subjected to extensive devil’s-advocate challenges to wring out all internal contradictions and other ambiguities and cover all the bases. Note that we got into this mess largely because the original Bill of Rights was written sloppily. (Just look at the pitiful ambiguity in the 2nd Amendment.)
    The 1st Amendment guarantees “the freedom of speech” instead of “the PEOPLE’s freedom of speech”, as was originally intended by Madison and in the ratification documents by several states, and the Roberts Court exploited that mistake to the fullest.

    The 1st sentence of Move To Amend’s proposal is wrong because it contradicts the guarantee of “the freedom … of the press” in the existing 1st Amendment and in Section 3 of Move To Amend’s own proposal. Since the news media are predominantly artificial entities and need to be big (to be able to support investigative reporting and stand up against government coercion and civil suits in expensive court cases), freedom of speech cannot be limited entirely to natural persons. But there needs to be another provision limiting that right to media organizations that are not controlled, in whole or in part, by organizations that acquire some of their revenue from activities differing from dissemination of news and commentary on public issues.

    The 2nd sentence of the proposed amendment uses the word “rights” while the 3rd sentence uses “privileges”. The distinction between the two escapes me and invites misconstruction.

    In the 2nd sentence of Section 2, the word “permissible” is superfluous; if anything, it suggests that IMpermissible contributions and expenditures do NOT need to be disclosed. Also, it should allow some threshold amounts, such as $150 (adjusted for inflation or deflation), below which contributions do NOT need to be disclosed can be specified by legislation, to avoid discouraging small contributions and needless “paperwork”.

    Another section is needed to permit excessive lobbying to be limited and enable private citizens to have a real ability “to petition the Government for a redress of grievances”; i.e., to have their views to be heard or read by their elected representatives. Currently, elected national officials seldom hear or read what their constituents say or write, presumably in part because they/their staffs are preoccupied with the importunings of lobbyi$t$, who reportedly outnumber members of Congress by a wide margin. I suggest “Access to elected national officials by for-profit organizations or their agents shall be substantially limited, relative to access by individual constituents, in ways to be specified by legislation.”

    If it is not specified within the amendment’s individual sections, there should be the usual section reading “The Congress shall have power to enforce this article by appropriate legislation.”

    Note that the Citizens United majority and concurring opinions did NOT rely on the fiction that “Corporations are persons.”. The majority did not need to make that claim to rationalize their nutty conclusion.

  4. Vote for Barrack Obama!
    George W. Bush gave America social & economic devastation.
    For the next 4 years Republicans planned Obama’s ruination.
    Republicans want to be voted back in.
    So they can screw up America again.
    Vote for “arithmatic over illusion” and “reality over delusion”!
    Vote for Congressional Progressive Democrats!

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