A constitutional amendment to overturn Citizens United?

Two House Democrats have introduced legislation to amend the US Constitution and put an end to unlimited corporate political campaigning.

Reps. Donna Edwards (D-MD) and John Conyers (D-MI) have introduced House Joint Resolution 78, which would amend the Constitution by granting Congress the right to impose content-neutral restrictions on political campaigning expenditures by corporations.

The legislation is in response to the Citizens United decision, in which the US Supreme Court determined that the First Amendment protected corporations’ right to engage in unlimited political campaigning.

Said Edwards, “Since that flawed ruling was issued, campaign spending by outside groups including corporations surged more than four-fold to reach nearly $300 million in the 2010 election cycle. I am proud to join with Judiciary Committee Ranking Member Conyers to reintroduce this constitutional amendment, which is the only way to once and for all put the American people, and not corporations, in charge of our treasured democracy.”

Conyers praised Edwards for her work on the resolution. “Last year, the Supreme Court overturned decades of law and declared open season on our democracy,” Conyers said. “It is individual voters who should determine the future of this nation, not corporate money. I commend Rep. Edwards for her work in developing this narrowly crafted constitutional amendment that will undo the effects of this radical decision and I look forward to working with her to restore balance to our electoral process.”

The resolution states:

Proposing an amendment to the Constitution of the United States to clarify the authority of Congress and the States to regulate the expenditure of funds for political activity by corporations.

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:

‘Article–

‘Section 1. Nothing in this Constitution shall prohibit Congress and the States from imposing content-neutral regulations and restrictions on the expenditure of funds for political activity by any corporation, limited liability company, or other corporate entity, including but not limited to contributions in support of, or in opposition to, a candidate for public office.

‘Section 2. Nothing contained in this Article shall be construed to abridge the freedom of the press.’

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