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Sen. Tom Udall

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Amend the Constitution and Overturn Citizens United

Posted: 11/13/11 11:42 PM ET

Co-authored with U.S. Senators Dick Durbin, Jeff Merkley, Chuck Schumer, and Sheldon Whitehouse

Now more than ever, the American people are showing just how fed up they are with the explosion of big corporate influence over our politics. And now more than ever, the Supreme Court is ignoring its own precedents to unleash a torrent of corporate and special interest money into our elections.

We must put the American people back in charge of our democracy. If the Supreme Court refuses to allow Congress and individual states to regulate the role of money in our elections, we must amend the Constitution to change that -- and together, we are beginning the amendment process this month.

Passing a constitutional amendment is no easy feat -- we've only passed 27 in our entire history, and powerful corporate interests are already lining up against us. But an incredible people-powered campaign to restore our democracy is already mounting, unlike anything we have ever seen.

Since launching our petition at ReverseCitizensUnited.com yesterday, over 50,000 activists have already stood up to demand this constitutional amendment, which would allow Congress and the states to enact common-sense campaign finance reforms.

If you've read this far, please take a moment to sign our petition, too.

Historically, Congress and state legislatures have established contribution limits, disclosure requirements, and other rules to limit the influence of special interests in elections and ensure that government works for the American people, not powerful corporations.

Then, in last year's controversial Citizens United vs. FEC decision, Republican appointees on the Supreme Court overturned prior precedent and struck down Congress' sensible regulations on corporate spending in political campaigns.

A key solution to address the root cause of this problem is to amend the Constitution to make it absolutely clear to the Supreme Court and the special interests that Congress and state governments have the power to limit the flow of corporate money into campaigns.

Our constitutional amendment will stop the growing corrosive influence of big business on our elections and on our government, but it won't pass unless the American people speak out and demand it.

These historic times call for extraordinary measures to ensure our government remains of the people, by the people and for the people, not just powerful interests with the deepest pockets.

Thank you for standing with us to return our elections to the hands of everyday citizens, rather than the special interests.

 

Follow Sen. Tom Udall on Twitter: www.twitter.com/SenatorTomUdall

 
 
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04:23 PM on 01/06/2012
There are now two bills submitted to Congress aimed at just this issue. Check out...

Rep. Ted Deutch: The OCCUPIED Amendment, H. J. Res 90
Senator Bernie Sanders: Saving American Democracy Amendment, S. J. Res 33

at http://www.theoccupiedamendment.org/.
08:02 PM on 11/24/2011
Advertising, including political campaign advertising, is a $300+ Billion per year industry, and that is just one segment of the "First Amendment Economy." The Udall Amendment would regulate this important sector of our economy, slicing at least 1/2% off of GDP and producing 100,000's of layoffs in the publishing, internet, computer, media, movie, theatre, and arts industries.

There is no way you will get Hollywood support for this, and Silicon Valley won't like it either.
HUFFPOST SUPER USER
live by the golden rule
12:21 PM on 11/19/2011
Yes, please everyone, instead of getting drawn into debates about whether tents and drum circles are free speech, focus where the lobbyists know to focus, on moving legislation forward, then rewarding your friends and blocking re-election of your foes.

People may say that there is no difference between Democrats and Republicans, but this amendment is a clear example that there is. In fact, there are very very few 100-0 votes.
08:13 PM on 11/15/2011
And make sure that organized labor money is out as well. They are nothing but corporate....
iridium53
Semper Fi
12:57 AM on 11/15/2011
Yeah, sure.
I'm going to put my name on a list put together by Congresspersons.
Just how long will it take before they send the FBI or IRS?

Just how out of your mind crazy does somebody have to be to trust these guys and their staff?
Giving your name to the very corrupt, venal government individuals that you want to limit?
Like they won't use it against you?

Tell that to the Occupy groups.

I'd rather put my name on Ratigan's Get the Money Out - and be subjected to GE pfishing.
HUFFPOST SUPER USER
lipps
Snopes is going to be busy editing errors soon
10:45 PM on 11/14/2011
Basically; get government out of regulating and taxing business' and you will eliminate a need for business to try and influence politicians.
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HUFFPOST SUPER USER
becky bradshaw
"In a time of universal deceit, telling the truth
10:51 PM on 11/14/2011
The alternative would be Communism.
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HUFFPOST SUPER USER
LeftRight
TANSTAAFL
05:47 AM on 11/15/2011
And at the same time you'll have business poisoning the people and controlling all the money....
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HUFFPOST SUPER USER
freedomny
99% = TBTF
08:09 PM on 11/14/2011
I signed. And I sent the petition to my young relatives...who have more facebook friends than I have...:)

It is their future and I am hoping they get engaged.

Banker supporting OWS and ethical capitalism.
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HUFFPOST SUPER USER
suddenfun
Subvert the dominant paradigm
05:47 PM on 11/14/2011
NO THIS IS NOT WHAT i WANT...I want a constitutional amendment that resolves the issue...not one that leaves it to congress and the states. NO MONETARY INFLUENCES IN OUR POLITICS...period.

If that means public financing of elections fine. We are not anything like broke in this country it is just that to few people have all the money...thanks to, you guessed it...all the cash influence and peddling in our politics.

We need to stop being involved in a 2 year campaign every 4 years anyway...it is insane.
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HUFFPOST SUPER USER
becky bradshaw
"In a time of universal deceit, telling the truth
06:20 PM on 11/14/2011
You can combine your voice with the Karl Rove folks, and defeat this puppy. Congratulations.
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HUFFPOST SUPER USER
suddenfun
Subvert the dominant paradigm
06:42 PM on 11/14/2011
You don't make sense. If this responsibility is given to the states and to congress, Karl Rove will exploit any way he can the rule making process and the rules themselves to continue to exert undue influence. I say, do not permit ANY monetary influences under the rule...one single simple rule, a constitutional amendment, no higher law, no loopholes, no lobbyists, no PAC's ...What is the point of mustering the populace to enact a half measure. I doubt Karl or any of the 1% or the rich represented by the GOP would support what I am talking about.
HUFFPOST PUNDIT
noaxe397
09:18 AM on 11/15/2011
Then you want to also overturn Buckley v Valero, the decision that stated m
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CapitalismIsCancer
Celebrating the End of Conservatism
05:35 PM on 11/14/2011
Nice thought. If Ameeicans grow the b@lls to fight the plutocracy, overthrow the Washington status-quo then maybe, just maybe, we can pull this off.
04:41 PM on 11/14/2011
I have to wonder if this will really do much to stop big money form getting into politics. Especially in the days of fast moving technology and organization, there is not any easy way to clamp down on big money helping campaigns with PR moves. If commercials from companies are illegal then what happens when some opinion show or even comedy like SNL wants to talk about a candidate in a positive or negative fashion? Is that illegal? Media coverage can clearly help/hurt campaigns and it is voluntary on the part of corporations that are making money off of it.
I understand the feeling of not liking big business exerting too much control on the races, but who gets to draw the line, where, and how? All of this can quickly turn muddy and put aspects of free speech at risk. I believe this was par of the courts reasoning. If you want to try to fight the presence of big money in races you might have to try fighting through things like public financing (reduce the need) and transparency (show more clearly who is funding things) than in restricting speech.
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HUFFPOST SUPER USER
becky bradshaw
"In a time of universal deceit, telling the truth
04:47 PM on 11/14/2011
"All that is necessary for evil to triumph is for good men to do
nothing."

Edmund Burke

P.S. I was honored to add my name to the petition.
04:26 PM on 11/14/2011
Thanks, Senator Udall. I signed it when I got the email, then forwarded it to friends. I also posted the link on a couple of comments here at Huffy. Only one Huffer replied to me about it.
03:21 PM on 11/14/2011
I support the amendment, pending something better. I consider the wording to be very weak. Here’s the wording:

“I support the constitutional amendment to give Congress and states the authority to limit corporate and special interest money in our elections.”

I prefer an amendment which clearly states that only private US citizens, i.e., only individuals, neither businesses nor interest groups, shall be allowed to contribute to federal elections.

Giving our politicians the authority to “limit” leaves the door wide open.

Of course, in that few if any of our politicians would support removing their career funding, it’s not likely that much progress will be made on this subject until we have a major overhaul of our corrupt system, and that’ll take a new Constitutional Convention, for it can’t be left up to our office holders to achieve anything substantive where they are not the prime beneficiaries.
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kitlevey
American Lion
04:43 PM on 11/14/2011
Right on the money - This so called 'amendment' does absolutely nothing but give the authority to congress to limit the corporate contributions to themselves. FAT CHANCE!! This is the definitive example of "Red Herring". Back to the drawing board for Senator Udall with my recommendation to get real.
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HUFFPOST SUPER USER
LeftRight
TANSTAAFL
06:18 PM on 11/14/2011
I can see what you're saying, but I think we need even MORE limits. I don't want ANYONE, corporation, union, rich person, or poor person to donate money to a campaign! Get ALL the money out of politics!!
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HUFFPOST SUPER USER
Cynical Citizen
No R in Independent...
10:50 PM on 11/14/2011
“I support the constituti­onal amendment to give Congress and States the authority to BAN ALL corporate and special interest money in our elections.­”

Public Financing ONLY?
- One 'pot' split between the parties...
- Would make it MUCH easier for 3rd + parties...
- Companies/SI/PACs could contribute to the 'pot' ONLY...
wiseapple
. just can not fail, if we never, ever stop
02:49 PM on 11/14/2011
I'll sign the petition, but I think there needs to be more substance to the amendment. Citizens must be overturned, but so does Santa Clara v. Southern Pacific. Also, lobbyist influence needs to be addressed, as well as incessant congressional fund-raising.
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HUFFPOST SUPER USER
tdpubs
Content publisher for small business marketing
02:28 PM on 11/14/2011
That will not work until you disconnect "personhood" form corporate entity. A century ago we found out how devastating it can be when corporations play one state against the other for favors. State governors and corporate billionaires are currently in cahoots to strip the middle class of whatever assets and political power they have left. We need to pass an amendment to define person-hood as it pertains to humans instead of corporations, unions, groups, associations or collectives. Once we remove them from Constitutional protections of the 1st., 4th, 5th, 14th and 15th Amendments we can reenact individual state control. As it stands now, they can do as they please and lie about it with impunity.
02:23 PM on 11/14/2011
Amendment text: Money is not speech.
Give it a little time to work and we can iron out the wrinkles.
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HUFFPOST SUPER USER
LeftRight
TANSTAAFL
06:18 PM on 11/14/2011
And corporations are not "people" for the purposes of civil rights.
07:13 PM on 11/14/2011
We wouldn't need to say that specifically. It just opens up the possibility of loopholes. Would LLCs be included in the corporation category? Charitable organizations? It just opens up the possibility of loopholes. If money isn't protected speech then corporations have no voice. PACs have no voice. Unions have no voice. Basically it would say that you have to have an actual voice in order to "speak". Might take the courts a few years to get there but it would happen eventually.