Bill Text: CA AJR1 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Federal constitutional convention: application.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-06-27 - Chaptered by Secretary of State - Res. Chapter 77, Statutes of 2014. [AJR1 Detail]

Download: California-2013-AJR1-Amended.html

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BILL NUMBER: AJR 1	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 26, 2013

INTRODUCED BY   Assembly Member Gatto

                        DECEMBER 3, 2012

   Relative to a federal constitutional convention.


	LEGISLATIVE COUNSEL'S DIGEST


   AJR 1, as amended, Gatto. Federal constitutional convention:
application.
   This measure would constitute an application to the United States
Congress to call a constitutional convention pursuant to Article V of
the United States Constitution for the sole purpose of proposing an
amendment to the United States Constitution that would limit
corporate personhood for purposes of campaign finance and political
speech and would further declare that money does not constitute
speech and may be  democratically  
legislatively  limited.
   This measure would state that it constitutes a continuing
application to call a constitutional convention until at least 2/3 of
the state legislatures apply to the United States Congress to call a
constitutional convention for that sole purpose. This measure would
also state that it is an application for a limited constitutional
convention and does not grant Congress the authority to call a
constitutional convention for any purpose other than for the sole
purpose set forth in this measure.
   Fiscal committee: no.


   
   WHEREAS, Corporations are legal entities that governments create
and the rights that they enjoy under the United States Constitution
should be more narrowly defined than the rights afforded to natural
persons; and  
   WHEREAS, Corporations do not vote in elections and should not be
categorized as persons for purposes related to elections for public
office and ballot measures; and 
   WHEREAS, The United States Supreme Court  ,  in Citizens
United v. Federal Election Commission (2010) 130 S.Ct. 876  ,
 held that the government may not, under the First Amendment to
the United States Constitution, suppress political speech on the
basis of the speaker's corporate identity; and
   WHEREAS, Article V of the United States Constitution requires the
United States Congress to call a constitutional convention upon
application of two-thirds of the legislatures of the several states
for the purpose of proposing amendments to the United States
Constitution; now, therefore, be it
   Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature of the State of California
 , speaking on behalf of the people of the State of California,
 hereby applies to the United States Congress to call a
constitutional convention pursuant to Article V of the United States
Constitution for the sole purpose of proposing an amendment to the
United States Constitution that would limit corporate personhood for
purposes of campaign finance and political speech and would further
declare that money does not constitute speech and may be 
democratically   legislatively    limited;
and be it further
   Resolved, That this constitutes a continuing application to call a
constitutional convention pursuant to Article V of the United States
Constitution until at least two-thirds of the legislatures of the
several states apply to the United States Congress to call a
constitutional convention for the sole purpose of proposing an
amendment to the United States Constitution that would limit
corporate personhood for purposes of campaign finance and political
speech and would further declare that money does not constitute
speech and may be  democratically  
legislatively  limited; and be it further
   Resolved, That this application is for a limited constitutional
convention and does not grant Congress the authority to call a
constitutional convention for any purpose other than for the sole
purpose set forth in this resolution; and be it further
   Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the President and Vice President of the United
States, the Speaker of the House of Representatives, the Minority
Leader of the House of Representatives, the Majority Leader of the
United States Senate, the Minority Leader of the United States
Senate, and to each Senator and Representative from California in the
Congress of the United States.