MOVE TO AMEND – THE U.S. CONSTITUTION

History: Freedom of speech guaranteed in the 1st Amendment does not, has not, assured equality in political campaign speech. Voters currently have a very weak voice in political campaigns or in the choice of candidates or issues to appear on both Primary and General Election ballots. The Buckley v. Valejo decision in 1976 made money equal to political speech under the U.S. Constitution. Case law since 1976 has firmly established the legal doctrine that money is equal to political speech under the 1st Amendment. Money talks for all the special interests who finance political campaigns. Voters, natural persons, you and I, need a constitutional amendment that provides for equal political speech in political campaigns at the local, state and federal level.

Section 3, would provide a needed expansion of the Bill of Rights and an expanded guarantee of equal protection under the law as contemplated by the 14th Amendment. Without the MTA amendment with Section 3, money will continue to win 99% of elections for the corrupt incumbent monopoly. Without equal political speech for voters the electorate has no actual representation.

Move to Amend (MTA) ~ Petition is a national movement to amend the Constitution so all natural citizens can have an equal voice in political campaigns. Common Sense II Political Reforms supports the basic MTA objective. However, some of the language needs to be less partisan. Compare the paragraphs in the above "MTA" link to the "cs2 edit" paragraphs below. The "cs2 edits" in red can appeal to a broader spectrum of supporters needed for successful ratification of a 28th amendment:

We the People, Not We the Corporations (cs2 Edit)

We, the People of  the United States of America, reject the U.S. Supreme Court's ruling in Citizens United, and move to amend our Constitution to firmly establish that money is not political speech, and that human beings, not corporations, are the only "persons" entitled to constitutional rights.

On January 21, 2010, with its ruling in Citizens United v. Federal Election Commission, the Supreme Court reaffirmed the historical fiction that corporations are persons, entitled by the U.S. Constitution to unduly influence elections and thereby improperly control our governments. Only human beings are persons. Corporate "personhood" is a legal fiction.

The Supreme Court is misguided in principle, and wrong on the law. In a democratic republic, the people rule! We Move to Amend.

". . . corporations have no consciences, no beliefs, no feelings, no thoughts, no desires. Corporations help structure and facilitate the activities of human beings, to be sure, and their 'personhood' often serves as a useful legal fiction. But they are not themselves members of 'We the People' by whom and for whom our Constitution was established."

~ ASSOCIATE JUSTICE OF THE SUPREME COURT JOHN PAUL STEVENS
    IN THE DISSENTING OPINION ON CITIZENS UNITED, JANUARY 2010

I will introduce a Bill to seek Ratification of the proposed Equal Political Speech amendment language below in the 113th Congress: 
(Top of Page) (MTA_28th)

Artificial legal entities established by the laws of any State, the United States, or any foreign state shall have no rights and privileges under this Constitution and are subject to legislative regulation by natural persons, through Federal, State, and local law.

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

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

[Edited by Common Sense II]

Federal,State and local government shall regulate, limit, or prohibit campaign contributions and in-kind expenditures, including a candidate’s own campaign contributions and in-kind expenditures, to provide for equal political speech in all campaigns to influence the election of any candidate for public office or the passage of 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 or to support political campaigns to be speech under the First Amendment.

Section 3   [Exclusive Voter Rights] [added by Common Sense II]  

Eligible voters whose legal residence is located in the electoral district where an election is held shall have the exclusive right to make campaign contributions and in-kind expenditures to influence the election or defeat of local, state, and federal candidates for public office or to influence the passage or defeat of any ballot measure on local and state ballots. The words “voter” and “elector” shall refer to the same class of natural person under the law in each state within the United States.

Artificial legal entities and non-residents of a voting district shall have no right to make contributions or expenditures to support or oppose any candidate for public office or any ballot measure. Campaign committees shall have the right to use campaign contributions provided only by eligible voters who are natural persons who physically reside within voting districts where the election is held. Section 2 Edit

Section 4   [Protect Freedom of the Press]

Nothing contained in this amendment shall be construed to abridge the freedom of the press. All illegal contributions and illegal in-kind expenditures shall earn a fine of exactly twice the amount illegally spent.

Needed to read and download pdf files. Free, quick download.

Acrobat PDF Files: Rich_cs2_28thAmendment.pdf

Bill to seek Ratification, 113th Congress, PDF 

Open Clean Elections ~ Your Voice

MTA 28th amendment language lacks the new Section 3. The MTA language does not give natural persons, voters, any exclusive rights. Another difficult effort to pass a Constitutional amendment would become necessary to become equal under the law as contemplated by the 14th Amendment. Under the weaker MTA language many loopholes may be exploited in court by special interests to keep natural living persons unequal under the law for many more decades. The strongest language possible is needed to have equal political speech under the constitution. Ratification can take many years. We need to have an amendment that gives equal political speech to natural persons for the first time in history, anywhere in the world. (Top of Page) (CS2_28th)

Section 2 Edit

http://movetoamend.org/amendment ~ Petition

(02-14-13 pdf version of MTA revisions) U.S. House Joint Res Bill Introduced on 02-11-13

SECTION 1 [Artificial entities are not persons and can be regulated]

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

Artificial 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 political speech and can be regulated] Section 2 Edit

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. [1st Paragraph revision in PDF not used here]

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 [Protect Freedom of the Press] [The new pdf deleted Section 3]

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

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Your Voice | Political Speech | CS2_28th | MTA_28th | Top of Page

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