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'Citizens United' Fight: Constitutional Amendment Against Corporate Cash Introduced By House Dems


First Posted: 11/14/11 07:09 PM ET Updated: 11/15/11 08:37 AM ET

WASHINGTON -- House Democrats opened another front in the battle to ban the flood of unregulated cash in politics, proposing their own version of a constitutional amendment aimed at reversing the controversial Citizens United v. Federal Election Commission decision on Monday. Introduced by Rep. Betty Sutton (D-Ohio), the proposed legislation follows the Nov. 1 introduction of a similar amendment by Senate Democrats.

"Because of the impact of Citizens United, people are questioning whether government serves corporate interests or voters back home," said Rep. Martin Heinrich (D-N.M.), co-sponsor of the legislation. "We need to make sure that government serves the voters."

The proposed amendment would grant Congress the power to regulate campaign contributions to federal candidates and expenditures concerning federal elections; the same powers would be granted to the states with respect to state elections. The amendment would essentially reverse the Supreme Court's 2010 Citizens United ruling, which found that corporations have the right to spend unlimited sums of money in federal elections.

"[T]he one thing that overcomes political obstructionism is the American people making up their mind that they want to see a change," Heinrich said. "I think that the introduction of this is designed to sort of get the snowball rolling, but it's the American people that will make sure this continues toward a real outcome."

Occupy Wall Street supporters will likely be pleased with such an amendment as the movement has pushed overturning the Citizens United ruling as one of its central demands.

"Their complaint about the fact that things are so out of balance in this country -- that there's just too much paying attention to what corporations need right now and not paying attention to what the average, hardworking play-by-the-rules family needs -- is absolutely valid," Heinrich said, suggesting that Congress needs to "fix that."

Like the proposed constitutional amendment in the Senate, the House legislation faces a long, challenging path. Heinrich said the amendment's sponsors hope to collect more co-sponsors even as they urge the Republican House majority to hold hearings on the matter.

Although the Disclose Act, a bill that would have required political ads to reveal their corporate sponsors, earlier met its end in the Senate, Heinrich is confident this constitutional amendment could eventually win enough support. Once it passed by a two-thirds vote in both congressional houses, of course, any amendment would still need to be ratified by three-fourths of the states.

"I think this is the one issue really setting people off right now and rightfully so," Heinrich said. "My hope is that that kind of intensity and passion continues, and if it does ... this is one of those issues that could unite the country."

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WASHINGTON -- House Democrats opened another front in the battle to ban the flood of unregulated cash in politics, proposing their own version of a constitutional amendment aimed at reversing the cont...
WASHINGTON -- House Democrats opened another front in the battle to ban the flood of unregulated cash in politics, proposing their own version of a constitutional amendment aimed at reversing the cont...
WASHINGTON -- House Democrats opened another front in the battle to ban the flood of unregulated cash in politics, proposing their own version of a constitutional amendment aimed at reversing the cont...
WASHINGTON -- House Democrats opened another front in the battle to ban the flood of unregulated cash in politics, proposing their own version of a constitutional amendment aimed at reversing the cont...
 
 
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HUFFPOST SUPER USER
katgal1232
in and out of the garden he goes
12:00 PM on 01/16/2012
"The proposed amendment would grant Congress the power to regulate", It sounded good for a moment and then I read that line and my heart sank.
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HUFFPOST SUPER USER
Bruce Fenton
Global emerging markets & economics
12:47 AM on 11/27/2011
Sure, lets let Congress limit speech of all corporations (including unions, MoveOn, Greenpeace, Citizens United or Harvard University....all of whom are in the definition)

On top of that lets let Congress give the FEC power to ban books, blogs, Facebook pages, social media posts and films and tv shows made by any corporation.

Meanwhile, we'll make sure that the amendment limits all those independent people out there but has NO EFFECT whatsoever on the established politicians and two party system who can continue to spend unlimited money on elections.

Sure..... what could possibly go wrong?
HUFFPOST SUPER USER
Lucas Mathers
Perfectly Willing to Engage...
01:22 AM on 11/16/2011
Constitutional Amendment? Yes!

This distraction from a real Amendment which would would "grant Congress the power to regulate campaign contributions to federal candidates and expenditures concerning federal elections" and leave them in charge?

Hell no.
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HUFFPOST SUPER USER
ThinkTwiceWriteOnce
Jarndyce v. Jarndyce
02:10 PM on 11/15/2011
This should be called the "Ronald Reagan Memorial "Whitsitt" Amendment" and the house will pass it in a 2nd amendment second! Throw in a flag, a prayer, a border fence and a fertilized egg and this thing would be a GOP boregasm waiting to happen and they wouldn't even know what they voted for!
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HUFFPOST SUPER USER
Jeff Parfitt
Two democrats walk into a bar. Three walk out.
01:39 PM on 11/15/2011
I don't think this is the way to go to get rid of CU. Granting Congress more power is not a good idea when they already have enough trouble trying to stay productive. If you can't force the court to overturn the ruling, then do something else that negates the money being flooded into certain campaigns. For an extreme example, pass a law that says all contributions must be pooled and divided between all candidates running for a particular office, excluding those who are local candidates that won't get on the ballot in more than one state. Or, require contributors to pay a $1.00 fee to the government in order to contribute unlimited funds to a candidate. This would allow the government to track who is contributing, even if the public no longer has the right to know who's influencing our politicians.

Won't happen, but it would be nice.
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HUFFPOST COMMUNITY MODERATOR
LiberalDemIda
02:13 PM on 11/15/2011
Congress, being the most powerful governmental branch, would be remiss if it didn't pass a law that would, in practice, nullify the wrong, unconstitutional (my opinion) CU decision. Congress, not the Supreme Court, is the only branch of our government that is allowed to draft and pass new laws.

CU is essentially the prime example of SCOTUS overreach. They've, in practice, created a new law by twisting those on the books in favor of corporations. It's time Congress sends them a message that it's NOT their job to create new laws. It's their job to interpret it in accordance with the Constitution, and the Constitution is clear about corporations - it abhors them.

That said, unless there's a majority in the House, this bill is going nowhere, and I fear it's nothing more than Democratic pols tossing Progressive voters a bone in light of the upcoming election year.
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HUFFPOST SUPER USER
wa-st-concerned
02:24 PM on 11/15/2011
YOUR regulations are better then THEIR regulations.......interesting.....

ALL corporate money needs to be removed from elections - contributions from registered voters ONLY.

ALL lobbying needs to be removed from governing - and the revolving door needs to be permanently closed....

Other than that, we will have a corporate government continuing to rule our economy.....
04:06 PM on 11/15/2011
Here, here! Why is bribery a felony everywhere but in our gov't?
01:38 PM on 11/15/2011
In Pelosi's House a bill proposed by the opposing party would never make it to the floor, so
the whining by the Dems is laughable. That aside, the Dem proposal is not for an equal
playing field, but one that restrains corporations but exempts unions. That alone would disproportionally affect influence. What I find most troubling is that transparency puts businesses holding conservative views in danger of severe economic retaliation by the left.
No business can retaliate against unions for their views, but unions routinely boycott, picket,
defame and bus unruly mobs to hurt opponents. That alone impinges on free speech.
Another mitigating point is that not all corporations are conservative (ex: Google, Apple, Facebook) but all unions are not. While corporations might have slightly more financial resources, the left has "99%" of the people (of course, it is not really 99% on the left but true
that only 1% earn over $340000.) The TRUE disease is the corruptibility of the legislators
which makes all of their indignation over undue political influences reprehensible. I suggest
they hang a large mirror over the chambers whenever they feel an urge to rage against
Citizens United.
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HUFFPOST SUPER USER
wa-st-concerned
02:27 PM on 11/15/2011
The basic difference in "unions" vs. other influences is that unions ARE people, not corporations....

Very basic difference.....If you want a government of, for and by the PEOPLE rather than corporations, you must hear the people's voices rather than hear the money funneled to you by corporate interests that are directly opposite of the actual needs of the people.

Unions are nothing more than "occupy" America in one place rather than in every city center......

Those that rail against unions, cry against themselves.....
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HUFFPOST SUPER USER
Marcus1
Trickledownscam
02:32 PM on 11/15/2011
Exactly. You would think most people would see the difference between unions voted by and for the people and corporations for the money.
HUFFPOST SUPER USER
luthersomd
01:33 PM on 11/15/2011
Does anyone expect this to pass or even get a vote in the GOP House or get 60 votes in the U>S.Senate?
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HUFFPOST COMMUNITY MODERATOR
LiberalDemIda
02:14 PM on 11/15/2011
Nope. But it's good election fodder, ain't it? And *this* coming from a registered and voting Democrat.
04:09 PM on 11/15/2011
We have to start somewhere since we allow our supremes to disregard the law as well as conflicts of interest...the court is a disgrace to our country.
HUFFPOST SUPER USER
Eraser
Reality has a well know liberal bias
09:08 AM on 11/16/2011
Election fodder is what we need. The democrats spend too much time being policy wonks and having nuanced arguements and justifications. The republicans throw simple red meat to their voters and they come out in droves.

And populism works. The more they get ordinary people to associate republicans to (rightfully) associate republicans with corporate influence and cronyism, the better democrats will do considering 70% of people think corporations have too much influence over government.
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HUFFPOST SUPER USER
mikala
01:33 PM on 11/15/2011
Finally!
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HUFFPOST SUPER USER
Bigheartedchik
Liberal Lady with a passion for the political
01:10 PM on 11/15/2011
The odds of this passing are slim to none, but I am glad for it anyway! Citizens United will go down in history as a major turning point in American politics and one step closer to fascism.
12:56 PM on 11/15/2011
If corporations are "people", why aren't they limited to the same individual contribution limits as such?
HUFFPOST SUPER USER
William J Unverferth Sr
Snark attack.
01:31 PM on 11/15/2011
In actuality you are not limited to how much money you can spend on politics. there are limits on direct contributions but not on say issue ads. If you wanted you could spend 1 billion on ads for/against President Obama. All that is stopping you is resources. One other issue is tax exempt organizations, they can also raise the money and spend it however they want. This includes churches, unions and NGOs. Why limit just corporations? IMO if the field is open for one it should be open for all, closed for one closed for all. Fair is fair.
02:25 PM on 11/15/2011
Ahhh.. Ok, well maybe they'll take a check :)
HUFFPOST SUPER USER
Lucas Mathers
Perfectly Willing to Engage...
01:29 AM on 11/16/2011
I agree... let's remove money's influence from politics, period.
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HUFFPOST SUPER USER
Find the Truth
Spencer and Little Girl
12:43 PM on 11/15/2011
While I applaud the idea of overturning Citizens United, this amendment just returns us to the previous status quo. We all know that corporate money had to much influence THEN as well. An amendment needs to clarify that corporations are NOT people and have none of the rights reserved for the real live people. It also needs to set the rules for campaign finance in stone for all time.
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HUFFPOST SUPER USER
mikala
01:34 PM on 11/15/2011
Public financing is what is needed, period. It would get rid of lobbyist and corporations at the same time.
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HUFFPOST SUPER USER
Find the Truth
Spencer and Little Girl
01:40 PM on 11/15/2011
I agree and while we're at it lets term limit these folks. We don't need 30 and 40 year politicans....
HUFFPOST SUPER USER
Lucas Mathers
Perfectly Willing to Engage...
01:30 AM on 11/16/2011
I think the lobbyists can still offer our politicians a lot of "benefits" even with public financing. I think we need to put up a barrier there too.
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camelias and sweet tea
Small drinking village with a shrimping problem
12:43 PM on 11/15/2011
Grandma was right "Money is the root of all evil"
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wmnorton
Moderate where moderate used to be
01:25 PM on 11/15/2011
"Love of money is the root of all evil", Bill Gates and Warren Buffet giving away Billions to charity is not the problem, What the corporations do to support their own selfish interest is the problem, When Exon/moblie and GE pay no federal income taxes we need to make changes.
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camelias and sweet tea
Small drinking village with a shrimping problem
01:57 PM on 11/15/2011
Yup, and Jeffrey Immelt and Jack Welsh are both GOP..hmmmm wonder how they made that happen? My husband and I both worked for G.E. after all those years our pension is peanuts , we wonder how that happened too.
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01:27 PM on 11/15/2011
i think she said the love of money , but she was your grandma lol
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camelias and sweet tea
Small drinking village with a shrimping problem
01:58 PM on 11/15/2011
Whoops, my bad, you are correct it was the LOVE of money..Thank you for correcting me as now I am the grandma, born same year as Cain and I cannot remember much either. ha ha ha ha Without my shopping list, I cannot remember why I came to the grocery store sometimes.
HUFFPOST SUPER USER
kenport
12:42 PM on 11/15/2011
Nice sideshow .. get lots of publicity but the dems know it will never pass. Meanwhile Obama received more campaign money from Wall Street then all of the Republican Candidates combined (o:
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HUFFPOST SUPER USER
Find the Truth
Spencer and Little Girl
12:46 PM on 11/15/2011
So you are saying that you would support it then....since Obama's getting the big bucks the Republicans should be on board as well....right?
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HUFFPOST SUPER USER
Ghostberry
All empty souls tend toward extreme opinions.
01:19 PM on 11/15/2011
Well said!
HUFFPOST SUPER USER
kenport
04:43 PM on 11/15/2011
Both parties should be for CFR ... we'll never get other reforms if they do not get rid of "K" Street
01:44 PM on 11/15/2011
The reason Wall Street is giving Obama the big bucks is because they know he is going to win; they wouldn't bet on a losing horse. Obama accepts the cash because he is a politician - and any politician would accept it. Still and yet, it should not be given in the first place by corporations, foreign owned nor domestic, nor unions. WE THE PEOPLE should have sole ownership of our politicians.
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HUFFPOST SUPER USER
Find the Truth
Spencer and Little Girl
02:01 PM on 11/15/2011
Nice post....

You have your first fan....#1
HUFFPOST SUPER USER
kenport
04:44 PM on 11/15/2011
So much for that " Change We Can Believe In " )o:
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camelias and sweet tea
Small drinking village with a shrimping problem
12:42 PM on 11/15/2011
Yeah, like this corrupt Congress would even bring this up for vote.
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HUFFPOST SUPER USER
jd n sf
Liberal with strong San Francisco values
12:41 PM on 11/15/2011
This won't happen any time soon, but...

If the effort is going to be made, why open up a whole new set of problems by writing legislation that allows Congress to regulate contributions to Federal candidates? How about we just limit any contributions to individuals (no organizations, no corporations, just VOTERS), with a set dollar amount to be contributed per election or per candidate? Congress can decide what that limit should be--that's fair and easy enough for voters to keep track of as that limit is raised over time.

If a Union or Corporation wants to, let them fund raise and bundle their contributions--fine. As long as they can prove that no individual in their organization gave more than X dollars, we're all good. It's still individuals supporting campaigns. To the tune of thousands each, not millions.

Just my pie in the sky idea. No expectation that anyone benefiting from the current system would propose such a change.
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wmnorton
Moderate where moderate used to be
01:30 PM on 11/15/2011
The only way to make politicians responsible to the people is to overturn the Citizens United decision. We need for there to be a Constitutional Amendment that gets corporations out of politics. I would suggest something like the following.

No one may collect more to obtain an office than the office pays. Congress may provide additional funds. No one may contribute to a candidate for office who can not vote for that candidate.

The first sentence is to control who gets into races. It would also be the basis for how additional funds from Congress is provided. The second part is to have Congress provide most of the funds for races, public financing of the election process is the only way to rescue the country from the corporations. The last part is to ensure that it is the people being represented who the office holder is beholden to. For example Michelle Bachmann collected $13 million to run for Congress last time, almost none of it came from within her district. You have to ask, who does she really represent, the people of her district or the people who gave all that money? The people who gave all that money think she is bought and paid for.
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HUFFPOST SUPER USER
jd n sf
Liberal with strong San Francisco values
01:39 PM on 11/15/2011
I could get behind that as well!
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HUFFPOST SUPER USER
wa-st-concerned
02:41 PM on 11/15/2011
I have been saying this for years....

Campaign contributions by REGISTERED VOTERS ONLY (THEY elect the lawmaker, no one else - and are the ONLY people making the decisions)

NO LOBBYING IN GOVERNING

SHUT THE REVOLVING DOOR

TRUTH IN POLITICAL ADVERTISING - THE WHOLE TRUTH, not just snippets and distortion.

Until those things are done - we will continue to have a corporate run government.