Bill Text: WV HR8 | 2012 | Regular Session | Introduced
Bill Title: Opposing the United States Supreme Court's interpretation of the Constitution in Citizens United regarding the constitutional rights of corporations
Spectrum: Partisan Bill (Democrat 53-2)
Status: (Introduced - Dead) 2012-01-20 - To House Rules [HR8 Detail]
Download: West_Virginia-2012-HR8-Introduced.html
HOUSE RESOLUTION NO. 8
(By Delegates Poore, D. Poling, Mr. Speaker, Mr. Thompson, Barill, Barker, Boggs, Brown, Butcher, D. Campbell, T. Campbell, Cann, Caputo, Crosier, Doyle, Ellem, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hamilton, Hartman, Hatfield, Hunt, Iaquinta, Jones, Lawrence, Longstreth, Mahan, Manchin, Manypenny, Marcum, Marshall, Martin, Michael, Moore, Morgan, Moye, Paxton, Perdue, Perry, L. Phillips, Pino, M. Poling, Reynolds, Rodighiero, Staggers, Stephens, Stowers, Swartzmiller, Walker, Wells, White and Williams)
Opposing the United States Supreme Court’s interpretation of the Constitution in Citizens United regarding the constitutional rights of corporations, supporting an amendment to the Constitution to provide that corporations are not entitled to the entirety of protections or “rights” of natural persons, specifically so that the expenditure of corporate money to influence the electoral process is no longer a form of constitutionally protected speech, and calling on Congress to begin the process of amending the Constitution.
Whereas, In 2010 the United States Supreme Court issued its decision in Citizens United v. Federal Election Committee, holding that independent spending on elections by corporations and other groups could not be limited by government regulations; and
Whereas, This decision rolled back the legal restrictions on corporate spending in the electoral process, allowing for the unlimited corporate spending to influence elections, candidate selection, and policy decisions; and
Whereas, In reaching this decision, a majority of the Supreme Court, relying on prior decisions, interpreted the First Amendment of the Constitution to afford corporations the same free speech protections as natural persons; and
Whereas, In his eloquent dissent, Justice John Paul Stevens rightly recognized that “corporations have no consciences, no beliefs, no feelings, no thoughts, no desires. Corporations help structure and facilitate the activities of human beings, to be sure, and their ‘personhood’ often serves as a useful legal fiction. But they are not themselves members of ‘We the People” by whom and for whom our Constitution was established;” and
Whereas, The Court’s decision in Citizens United severely hampers the ability of federal, state and local governments to enact reasonable campaign finance reforms and regulations regarding corporate political activity; and
Whereas, Corporations should not be afforded the entirety of protections or “rights” of natural persons, such that the expenditure of corporate money to influence the electoral process is a form of constitutionally protected speech; and
Whereas, Several proposed amendments to the Constitution have been introduced in Congress that would allow government to regulate the raising and spending of money by corporations to influence elections; therefore, be it
Resolved by the House of Delegates:
That the House of Delegate of West Virginia opposes the Supreme Court’s interpretation of the Constitution in Citizens United regarding the constitutional rights of corporations, and supports amending the Constitution to provide that corporations are not entitled to the entirety of protections or “rights” of natural persons, specifically so that the expenditure of corporate money to influence the electoral process is no longer a form of constitutionally protected speech, and the calls on Congress to begin the process of amending the Constitution; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Clerk of the Supreme Court of the United States and to the members of Congress from West Virginia.
