Bill Text: HI HCR36 | 2015 | Regular Session | Introduced

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Bill Title: Citizens United V. Federal Election Commission; Corporate Campaign Spending; Federal Constitutional Amendment

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-02-12 - Referred to JUD, FIN, referral sheet 16 [HCR36 Detail]

Download: Hawaii-2015-HCR36-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	36
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

 

REQUESTING THE UNITED STATES CONGRESS TO PROPOSE A CONSTITUTIONAL AMENDMENT TO OVERTURN THE UNITED STATES SUPREME COURT'S HOLDING RELATING TO CORPORATE INDEPENDENT EXPENDITURES IN CITIZENS UNITED V. FEDERAL ELECTION COMMISSION.

 

 

 

     WHEREAS, in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010)(Citizens United), the United States Supreme Court (Court) held that the First Amendment prohibits the government from suppressing political speech in the form of corporate independent expenditures, based upon the speaker's corporate identity; and

 

     WHEREAS, the Court has noted that independent expenditures are considered political speech and therefore protected under the First Amendment; and

 

     WHEREAS, prior to the Court's decision in Citizens United, corporations were prohibited from using corporate treasury funds for political independent expenditures or to expressly advocate the election or defeat of a candidate; and

 

     WHEREAS, the Court has permitted the regulation of certain speech based upon a speaker's identity when the restriction is justified by a legitimate governmental interest; and

 

     WHEREAS, there is a clear distinction between human and corporate political speech relating to the election of public officials and campaign spending; and

 

     WHEREAS, in his dissent in Citizens United, Justice Stevens pointed out that the Court had previously found that there is a compelling governmental interest in preserving the integrity of the electoral process, preventing corruption, sustaining the active, alert responsibility of the individual citizen in a democracy for the wise conduct of the government, and maintaining the individual citizen's confidence in government; and

 

     WHEREAS, despite restrictions on corporate independent expenditures from corporate treasuries, corporate political speech may be expressed in additional manners, particularly by the establishment of political action committees, commonly referred to as PACs, which use separated segregated funds; and

 

     WHEREAS, Justice Stevens' dissent noted that in a recent election cycle, corporate and union PACs had raised nearly a billion dollars; and

 

     WHEREAS, Justice Stevens stated that the decision made by the Citizens United Court "threatens to undermine the integrity of elected institutions across the Nation.  The path it has taken to reach its outcome will, I fear, do damage to this institution" and that "a democracy cannot function effectively when its constituent members believe laws are being bought and sold"; and

 

     WHEREAS, it is in the public interest of the nation to have limitations on corporate campaign contributions and independent expenditures relating to the election of government officials; 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 House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, the Senate concurring, that the Legislature 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 legislatively limited; and

 

     BE IT FURTHER RESOLVED that this Concurrent Resolution 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 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 Concurrent Resolution; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives, members of Hawaii's congressional delegation, and to each of the presiding officers of the legislative bodies of each state of the United States of America.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Citizens United V. Federal Election Commission; Corporate Campaign Spending; Federal Constitutional Amendment