Amending the Constitution to Prevent Political Spending by Corporations and PACs (S. Joint Res. 4)
Do you support or oppose this bill?
What is S. Joint Res. 4?
(Updated March 7, 2021)
This resolution would amend the U.S. Constitution to keep non-persons (like corporations or political action committees (PACs)) from legally making political contributions that influence the outcomes of public elections.
In effect, it would negate the Supreme Court’s ruling in the Citizens United v. FEC case. The 2010 decision held that political expenditures by corporations and organizations are protected speech under the First Amendment.
Further, this resolution declares that nothing in this constitutional amendment should be interpreted as restricting the power of Congress and States to enact legislation aimed at:
Protecting the integrity and fairness of the electoral process;
Limiting the corrupting influence of private wealth in public elections;
Guaranteeing the dependence of elected officials on the people alone.
Under this bill, Congress and states would be empowered to:
Establish public financing systems for elections;
Impose requirements ensuring the disclosure of contributions and expenditures made to influence the outcome of a public election by candidates, individuals, and associations of individuals;
Create content neutral limitations on all such contributions and expenditures.
Congress states that nothing in this constitutional amendment should be construed as effecting freedom of the press.
In order for this resolution to become a constitutional amendment, two-thirds of both the House and Senate must approve of the proposal, and three-fourths of the state legislatures (currently 38) must ratify the amendment.
Argument in favor
The Supreme Court got it wrong on Citizens United. The only way to restore the integrity of elections in the U.S. is to amend the Constitution to keep corporations and PACs from spending insane sums of money to influence elections.
Argument opposed
The First Amendment protects all political speech — whether it comes from a person, a political group, or a corporation. Not only that — it’s unlikely that this bill will get the support of two-thirds of Congress and three-fourths of the state legislatures.
Impact
People in the U.S. — especially those who vote, run for office, or make political expenditures; corporations and political organizations such as PACs; state legislatures, and Congress.
Cost of S. Joint Res. 4
A CBO cost estimate is unavailable.
Additional Info
In-Depth: Sponsoring Sen. Bernie Sanders (I-VT) introduced this bill on the fifth anniversary of the Supreme Court’s ruling in . He believes the decision was a catastrophic development for the electoral process:
“Five years ago today, the Supreme Court issued what I think is one of the most disastrous decisions in its history, Citizens United v. FEC, which led to the rise of super PACS and unlimited, supposedly independent, spending.”
Of Note: According to an analysis by the Brennan Center for Justice, spending by outside groups in 2014 Senate races more than doubled from spending levels in the pre-Citizens United 2010 Senate elections to $486 million.
Media:
- Sponsoring Sen. Bernie Sanders (I-VT) Press Release
- Countable YouTube
- National Constitution Center
- PoliticsUSA
(Photo Credit: "Honest Gil Fulbright SOLD Poster" by Frank Ridley - Frank Ridley. Licensed under CC BY-SA 4.0 via Commons)
The Latest
-
SCOTUS Hears Arguments of Abortion Pill Mifepristone CaseUpdated March 27, 2024, 12:30 p.m. EST On Tuesday, March 26, the Supreme Court heard arguments about the mifepristone case, read more... Women's Health
-
IT: ⛑️ It's American Red Cross Giving Day, and... How will you give back today?Welcome to Wednesday, March 27th, philanthropists and entrepreneurs... It's American Red Cross Giving Day - a time to ensure the read more...
-
Moscow Concert Hall, Russia’s Deadliest Attack in DecadesOn Friday, March 22, at least four men fired automatic weapons into a sold-out show at the Crocus City Hall auditorium in read more... Public Safety
-
Discover Gravvy — A New Way to Support What Matters MostDiscover Gravvy — A New Way to Support What Matters Most Are you ready to optimize your giving? read more...