J4154-2011 Actions

• Apr 20, 2012: REFERRED TO FINANCE

J4154-2011 Text

 LEGISLATIVE RESOLUTION memorializing Congress to propose an amendment to
 the  United  States  Constitution  to  provide that corporations are not
 entitled to the entirety of protections or "rights" of natural  persons,
 specifically so that the expenditure of corporate money to influence the
 electoral  process  is  no  longer  a form of constitutionally protected
 speech
 WHEREAS, The First Amendment  to  the  United  States  Constitution  was
 designed  to protect the free speech rights of people, not corporations;
 and
 WHEREAS, The Court's ruling in CITIZENS UNITED  V.  FEDERAL  ELECTIONS
 COMMISSION will allow unprecedented amounts of corporate money to influ
 ence  the  American political process, which constitutes a direct threat
 to our democratic institutions; and
 WHEREAS, In his 80-page dissent in the CITIZENS UNITED  case,  Justice
 Stevens  called  the decision "a radical change in the law" that ignores
 "the overwhelming majority of justices who have served  on  this  court"
 and  stated  that  "In  the  context  of  election to public office, the
 distinction between  corporate  and  human  speakers  is  significant...
 [Corporations]  cannot  vote  or  run  for  office,  because they may be
 managed and controlled by nonresidents, their interest may  conflict  in
 fundamental respects with the interests of eligible voters"; and
 WHEREAS,  The  United States Supreme Court's ruling in CITIZENS UNITED
 V. FEDERAL ELECTIONS COMMISSION will now permit  unprecedented  spending
 of  corporate  money  in our political process unrivaled by any campaign
 expenditure totals in United States history; and
 WHEREAS, An individual can use his or her money to speak on his or her
 singular behalf; the money corporations use  to  speak  belongs  to  its
 shareholders,  who  presumably come from disparate political ideologies;
 and
 WHEREAS, Individual shareholders are inextricably  absorbed  into  the
 corporation's  powerful political action, regardless of their individual
 political beliefs and affiliations; and
 WHEREAS, The United States Supreme Court's ruling in  CITIZENS  UNITED
 V.  FEDERAL  ELECTIONS  COMMISSION  threatens  to dilute an individual's
 power as a voting citizen and compromise the democratic process; and
 WHEREAS, The United States Supreme Court's ruling in  CITIZENS  UNITED
 V.  FEDERAL ELECTIONS COMMISSION presents a serious and direct threat to
 our democracy; and
 WHEREAS, The people of the United  States  have  previously  used  the
 constitutional  amendment  process  to  correct  those egregiously wrong
 decisions of the United States Supreme Court that go to the heart of our
 democracy and self-government; now, therefore, be it
 RESOLVED, That the Congress of the United  States  be  and  hereby  is
 respectfully memorialized by this Legislative Body to express opposition
 to  the United States Supreme Court ruling in CITIZENS UNITED V. FEDERAL
 ELECTIONS COMMISSION; and be it further
 RESOLVED, That the Congress of the United  States  be  and  hereby  is
 respectfully  memorialized by this Legislative Body to propose an amend
 ment to the United States Constitution to provide that corporations  are
 not  entitled to the protections or "rights" of natural persons relating
 to the expenditure of corporate money to influence the electoral process
 which no longer shall be a form of constitutionally protected speech and
 Congress and the States may fully regulate  all  election  contributions
 and expenditures; and be it further
 RESOLVED, That copies of this Resolution, suitably engrossed, be tran
 smitted to the President of the Senate of the United States, the Speaker
 of  the  House of Representatives, and to each member of the Congress of
 the United States from the State of New York.

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