Bill Text: IA HJR5 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A joint resolution requesting the call of a constitutional convention in order to propose an amendment to the Constitution of the United States to allow Congress and the states to prohibit or otherwise regulate the expenditure of funds for political speech by any corporation, limited liability company, or other corporate entity.

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Introduced - Dead) 2014-04-16 - Sponsor added, Oldson. H.J. 764. [HJR5 Detail]

Download: Iowa-2013-HJR5-Introduced.html
House Joint Resolution 5 - Introduced HOUSE JOINT RESOLUTION 5 BY ISENHART , GASKILL , KELLEY , ANDERSON , KEARNS , WOLFE , STECKMAN , KAJTAZOVIC , LENSING , HUNTER , WINCKLER , MASCHER , WESSEL-KROESCHELL , GAINES , HANSON , R. OLSON , RIDING , STAED , JACOBY , DAWSON , FORBES , and M. SMITH HOUSE JOINT RESOLUTION A Joint Resolution requesting the call of a constitutional 1 convention in order to propose an amendment to the 2 Constitution of the United States to allow Congress and the 3 states to prohibit or otherwise regulate the expenditure 4 of funds for political speech by any corporation, limited 5 liability company, or other corporate entity. 6 WHEREAS, by a ruling of the United States supreme court, 7 a corporation, limited liability company, or other type of 8 corporate entity is now accorded greater rights of political 9 activity than was previously lawful; and 10 WHEREAS, those rights now allow a corporation, a limited 11 liability company, or other type of corporate entity to use 12 general treasury funds to make independent expenditures for 13 electioneering communications or for speech that expressly 14 advocates the election or defeat of a candidate for public 15 office; and 16 WHEREAS, this ruling overturns a century of legislative 17 and judicial determinations making a distinction between the 18 political free speech of natural persons and political activity 19 by corporate entities; and 20 WHEREAS, a corporate entity has far greater economic 21 resources than does a natural person and may use those 22 resources to advance political ideas; and 23 TLSB 1186HH (2) 85 jr/rj
House Joint Resolution 5 - Introduced WHEREAS, restriction and regulation of corporate political 24 activity is essential to prevent domination of the political 25 process by corporate entities; NOW THEREFORE, 26 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 27 TLSB 1186HH (2) 85 jr/rj
H.J.R. 5 That pursuant to Article V of the Constitution of the United 1 States, the general assembly, as the legislature of the state 2 of Iowa, makes application to the Congress of the United States 3 to call a convention for the specific and exclusive purpose 4 of proposing an amendment to the Constitution of the United 5 States, for submission to the states for ratification. 6 BE IT FURTHER RESOLVED, That if, within sixty days after the 7 legislatures of two-thirds of the states make application for 8 such convention, Congress proposes and submits to the states 9 for ratification an amendment to the Constitution of the United 10 States which empowers Congress and the states to regulate the 11 expenditure of funds for political speech by any corporation, 12 limited liability company, or other corporate entity, in a 13 manner substantially similar to the manner contained in this 14 Joint Resolution, then this application for a convention shall 15 no longer be of any force and effect. 16 BE IT FURTHER RESOLVED, That if the convention is not 17 limited to the specific and exclusive purposes of this Joint 18 Resolution, this application and request shall be null and 19 void, and shall be rescinded and of no effect. 20 BE IT FURTHER RESOLVED, That this application constitutes 21 a continuing application in accordance with Article V of the 22 Constitution of the United States, until at least two-thirds of 23 the legislatures of the several states have made application 24 for a similar convention under Article V, or the Congress has 25 proposed the amendment called for by this Joint Resolution, or 26 the general assembly acts to withdraw this application. 27 “ARTICLE 28 SECTION 1. The sovereign right of the people to govern 29 being essential to a free democracy, Congress and the states 30 may prohibit or otherwise regulate the expenditure of funds for 31 political speech by any corporation, limited liability company, 32 or other corporate entity. 33 SEC. 2. Nothing contained in this article shall be construed 34 to abridge the freedom of the press.”; and 35 -1- LSB 1186HH (2) 85 jr/rj 1/ 2
H.J.R. 5 BE IT FURTHER RESOLVED, That the secretary of state 1 shall transmit certified copies of this Joint Resolution 2 to the president and secretary of the United States 3 senate, the speaker and clerk of the United States house of 4 representatives, the presiding officer in each house of the 5 legislature in each of the states in the union, and each member 6 of the Iowa congressional delegation. 7 EXPLANATION 8 This joint resolution constitutes a petition requesting the 9 United States Congress to call a constitutional convention in 10 order to propose an amendment to the Constitution of the United 11 States and submit it to the states to allow Congress and the 12 states to prohibit or regulate the expenditure of funds for 13 political speech by any corporation, limited liability company, 14 or other corporate entity. 15 -2- LSB 1186HH (2) 85 jr/rj 2/ 2
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