Bill Text: IA HCR107 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A concurrent resolution requesting that the United States Congress propose amendments to the Constitution of the United States to allow for the regulation of the political expenditure of funds by corporations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-20 - Resolution filed, referred to State Government. H.J. 298. [HCR107 Detail]

Download: Iowa-2013-HCR107-Introduced.html
House Concurrent Resolution 107 - Introduced HOUSE CONCURRENT RESOLUTION NO. 107 BY KAJTAZOVIC A Concurrent Resolution requesting that the United 1 States Congress propose amendments to the 2 Constitution of the United States to allow for the 3 regulation of the political expenditure of funds by 4 corporations. 5 WHEREAS, the Bill of Rights as part of the 6 Constitution of the United States provides certain 7 inalienable rights to natural persons; and 8 WHEREAS, corporations are not mentioned in the 9 Constitution of the United States; and 10 WHEREAS, governments create the legal structures for 11 the recognition of corporate entities, and the rights 12 that they enjoy under the Constitution of the United 13 States should be more narrowly defined than the rights 14 that are afforded to natural persons; and 15 WHEREAS, the decision to regulate corporate 16 financial campaign contributions is one that 17 historically the United States Congress and the states 18 have been allowed to address; and 19 WHEREAS, in 1907, the United States Congress enacted 20 the Tillman Act, 34 Stat. 864, prohibiting corporate 21 financial contributions to federal election campaigns 22 for public office; and 23 WHEREAS, in 2010, the United States Supreme Court 24 in Citizens United v. Federal Election Commission, 25 588 U.S. 310, ruled that the United States Congress 26 and the states lacked the constitutional right to 27 ban independent corporate expenditures to political 28 -1- LSB 5896YH (3) 85 aw/rj 1/ 4
H.C.R. 107 campaigns for public office; and 1 WHEREAS, the United States Supreme Court in the 2 Citizens United decision relied on its previously 3 issued opinion in the 1976 case of Buckley v. Valeo, 4 424 U.S. 1, in which the Supreme Court equated the 5 spending of money for electing candidates to public 6 office as speech; and 7 WHEREAS, the Citizens United decision has allowed 8 for the creation of super political action committees 9 in election campaigns for public office that allow for 10 unregulated campaign expenditures in unprecedented 11 amounts; and 12 WHEREAS, as a result of the Citizens United 13 decision, Congress and the state legislatures were 14 denied any legal authority to regulate independent 15 corporate political expenditures; and 16 WHEREAS, a restoration of the guidelines established 17 in the Bipartisan Campaign Reform Act of 2002, Pub. 18 L. No. 107–155, is imperative so that the United 19 States Congress and the state legislatures may 20 exercise their historic authority to make their own 21 decisions about whether to regulate corporate political 22 expenditures; and 23 WHEREAS, this policy change will require that 24 the Constitution of the United States be amended to 25 authorize the United States Congress and the states 26 to regulate individual and corporate financial 27 participation in political campaigns; and 28 WHEREAS, the Iowa General Assembly does not 29 support amending the Constitution of the United States 30 -2- LSB 5896YH (3) 85 aw/rj 2/ 4
H.C.R. 107 to in any way abridge the rights of any person or 1 organization, including freedom of religion and freedom 2 of the press; and 3 WHEREAS, the Iowa General Assembly expresses its 4 disagreement with the holdings of the United States 5 Supreme Court in its decisions in Buckley and Citizens 6 United which hold that money constitutes speech 7 and that the First Amendment prohibits the federal 8 government from restricting political independent 9 expenditures by corporations; and 10 WHEREAS, United States Senator Tom Udall of New 11 Mexico with 15 cosponsors has introduced Senate 12 Joint Resolution 19, “proposing an amendment to 13 the Constitution of the United States relating to 14 contributions and expenditures intended to affect 15 elections” that would give the United States Congress 16 and the states the authority to regulate the raising 17 and spending of moneys with respect to elections; NOW 18 THEREFORE, 19 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, 20 THE SENATE CONCURRING, That the General Assembly 21 respectfully requests that the Congress of the United 22 States adopt Senate Joint Resolution 19; and 23 BE IT FURTHER RESOLVED, That the General Assembly 24 urges the United States Congress to propose an 25 amendment to the Constitution of the United States that 26 provides that money is not speech, that corporations 27 are not persons under the Constitution of the United 28 States, and that affirms the constitutional rights of 29 natural persons; and 30 -3- LSB 5896YH (3) 85 aw/rj 3/ 4
H.C.R. 107 BE IT FURTHER RESOLVED, That the Chief Clerk of 1 the House of Representatives shall transmit certified 2 copies of this resolution to the President and 3 Secretary of the United States Senate, the Speaker and 4 Clerk of the United States House of Representatives, 5 and each member of the Iowa congressional delegation. 6 -4- LSB 5896YH (3) 85 aw/rj 4/ 4
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