Zera's Blog

A Citizen's View from Main Street

112th Congress SJRes29 – A Citizens United Amendment


I usually reserve my analysis for the republican clunkers. This is the second time I have analyzed a Democrat Bill.

The Joint Resolution:


[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[S.J. Res. 29 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
S. J. RES. 29

    Proposing an amendment to the Constitution of the United States 
     relating to contributions and expenditures intended to affect 
                               elections.
_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 1, 2011

   Mr. Udall of New Mexico (for himself, Mr. Bennet, Mr. Harkin, Mr. 
Durbin, Mr. Schumer, Mr. Merkley, Mr. Whitehouse, Mr. Begich, and Mrs. 
  Shaheen) introduced the following joint resolution; which was read 
          twice and referred to the Committee on the Judiciary
_______________________________________________________________________

                            JOINT RESOLUTION

    Proposing an amendment to the Constitution of the United States 
     relating to contributions and expenditures intended to affect 
                               elections.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled (two-thirds of each House 
concurring therein), That the following article is proposed as an 
amendment to the Constitution of the United States, which shall be 
valid to all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States 
within seven years after the date of its submission by the Congress:

                              ``Article--

    ``Section 1. Congress shall have power to regulate the raising and 
spending of money and in kind equivalents with respect to Federal 
elections, including through setting limits on--
            ``(1) the amount of contributions to candidates for 
        nomination for election to, or for election to, Federal office; 
        and
            ``(2) the amount of expenditures that may be made by, in 
        support of, or in opposition to such candidates.

    ``Section 2. A State shall have power to regulate the raising and 
spending of money and in kind equivalents with respect to State 
elections, including through setting limits on--
            ``(1) the amount of contributions to candidates for 
        nomination for election to, or for election to, State office; 
        and
            ``(2) the amount of expenditures that may be made by, in 
        support of, or in opposition to such candidates.

    ``Section 3. Congress shall have power to implement and enforce 
this article by appropriate legislation.''.

                                 <all>

Analysis

Section 1:

I see three problems with this section:

  1. It does not cover issues. While issues are not directly on the ballot, they are still an integral part of a political campaign.
  2. It does not cover Constitutional Amendments.
  3. The politicians setting the regulations, without direction or mandate, are the ones who benefit from the current state of campaign financing. This leaves plenty of room for continued influence peddling.

Section 2:

There are similar problems with this section:

  1. It does not cover issues.
  2. It does not cover Constitutional Amendments.
  3. It does not cover referenda.
  4. It does not cover local elections.
  5. It does not cover other Questions put to the voters, such as millage.
  6. It does not cover cross-state interference in local politics. The sovereignty of the individual states is being challenged by out-of-state money.

Constitutional Authority Statement:

None given (yet), but Article V of the Constitution covers it.

Article V:

    • The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution,
    • or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments,
  • which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when
    • ratified by the Legislatures of three fourths of the several States,
    • or by Conventions in three fourths thereof,

    as the one or the other Mode of Ratification may be proposed by the Congress;

  • Provided
    • that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article;
    • and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Related Bills:


Conclusion

I do not believe that this proposed amendment goes far enough to protect our democratic process from the influence of non-citizens or the excessive influence of the very rich.

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November 6, 2011 - Posted by | Citizens United vs FEC, Constitution, Legislation | , , ,

1 Comment »

  1. […] Senate Joint Resolution 29 […]

    Pingback by 112th Congress HJRes78 – A Citizens United Amendment « Zera's Blog | November 8, 2011 | Reply


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