Massachusetts Could Call For Citizens United to Be Overturned
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What the Initiative Does
Massachusetts Question 2 would establish a 15-member citizens’ commission to advocate for certain amendments to the U.S. Constitution regarding political spending and corporate personhood. The commission would propose constitutional amendments regarding overturning Citizens United and defining “inalienable constitutional rights” as belonging to individual living beings, not artificial entities or collections of human beings. In the pursuit of this goal, the commission would advocate for a 28th amendment to the Constitution
The commission would report on:
- The nature and impact of political and election spending in Massachusetts;
- The impact of the Citizens United ruling on the state’s ability to regulate corporations and other entities;
- Recommendations for one or more “prudent” constitutional amendments to deal with the influence of money in politics and corporate rights;
- An analysis and assessment of the amendments that have already been introduced in Congress in response to Citizens United; and
- Recommendations for actions to be taken by state and federal elected officials in order to propose and ultimately ratify the proposed amendment(s).
The commission's first report would be due by December 31, 2019. The Masachusetts Secretary of State would then send copies of this report to all members of Congress and the Massachusetts state legislature, as well as the president.
In Favor
Limiting the influence of corporations, unions, and non-profits on elections helps return elections to their purpose as a way for people to participate in democracy and limits large donors’ influence on politicians. It’ll also help rein in the ballooning costs of contemporary elections.
Opposed
Citizens United expanded first amendment freedom of speech protections to all entities and organizations — and undoing that decision would limit free speech rights. Additionally, a constitutional amendment isn’t the best way to undo Citizens United, as it’s a drastic step.
In-Depth
People Govern, Not Money is leading the campaign in support of Question 2 with the support of American Promise and Our Revolution. Notable individuals who support Question 2 include former assistant state attorney general Jeffrey Clements (who is now president of American Promise), Ben & Jerry’s co-founder Ben Cohen, Gov. Charlie Baker (R), and Sens. Elizabeth Warren (D-MA) and Ed Markey (D-MA). American Promise argues that restoring electoral integrity is important for all citizens:
“Restoring electoral integrity is not a partisan issue; overruling Citizens United and related cases is important for all citizens regardless of political affiliation. We need to reclaim our democracy by returning to the principle of “we the people,” where “people” means human beings.”
Massachusetts Fiscal Alliance is opposed to Question 2. The organization argues that even if the Citizens United decision is incorrect, a constitutional amendment isn’t the right way to undo it:
“The controversy surrounding the Citizens United decision hinges on our cherished right to Freedom of Speech. In the decision, the court ruled to expand that freedom and apply it equally to all entities and organizations, rather than just the arbitrary list of winners and losers selected by elected officials in previous campaign finance laws. This is a good thing. The First Amendment protection of our Freedom of Speech is one of the pillars of our democracy and should be preserved and expanded at every possible opportunity. The less government standing in the way of the exercise of that right, the stronger it is. However, even if you disagree with the Citizens United decision, an amendment to the United States Constitution is a dangerous and misguided way to go about undoing it.”
Summary by Lorelei Yang
(Photo Credit: iStockphoto.com / NoDerog)
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