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K01016 Summary:

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K01016 Text:

 
Assembly Resolution No. 1016
 
BY: M. of A. Brennan
 
        MEMORIALIZING  Congress to propose an amendment to
        the  United  States  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
 
  WHEREAS,  The  First Amendment to the United States Constitution was
designed to protect the free speech rights of people, not  corporations;
and
 
  WHEREAS,  The Court's ruling in Citizens United v. Federal Elections
Commission will  allow  unprecedented  amounts  of  corporate  money  to
influence  the  American  political  process, which constitutes a direct
threat to our democratic institutions; and
 
  WHEREAS, In his 80-page dissent in the Citizens United case, Justice
Stevens called the decision "a radical change in the law"  that  ignores
"the  overwhelming  majority  of justices who have served on this court"
and stated that "In the  context  of  election  to  public  office,  the
distinction  between  corporate  and  human  speakers  is significant...
[Corporations] cannot vote or  run  for  office,  because  they  may  be
managed  and  controlled by nonresidents, their interest may conflict in
fundamental respects with the interests of eligible voters"; and
 
  WHEREAS, The United States Supreme Court's ruling in Citizens United
v. Federal Elections Commission will now permit  unprecedented  spending
of  corporate  money  in our political process unrivaled by any campaign
expenditure totals in United States history; and
 
  WHEREAS, An individual can use his or her money to speak on  his  or
her  singular behalf; the money corporations use to speak belongs to its
shareholders, who presumably come from disparate  political  ideologies;
and
 
  WHEREAS,  It  took over one million individual donors to raise about
seven hundred fifty million  dollars  for  Barack  Obama's  presidential
campaign in 2008; and
 
  WHEREAS,  Seven  hundred fifty million dollars is approximately five
percent of ExxonMobil's third quarter profits in 2008; and
 
  WHEREAS, Seven hundred fifty million dollars is  approximately  five
percent of Bank of America's profits in 2007; and
 
  WHEREAS,  Seven  hundred  fifty  million dollars is approximately 18
percent of Bank of America's profits in 2008; and
 
  WHEREAS, Seven hundred fifty million dollars is  approximately  37.5
percent of Goldman Sachs's first quarter profits in 2009; and
 
  WHEREAS,  Seven  hundred  fifty  million dollars is approximately 18
percent of JPMorgan Chase's third quarter profits in 2009; and
 
  WHEREAS,  Seven  hundred  fifty  Million dollars is approximately 25
percent of Ford's profits in 2009; and
 
  WHEREAS, Seven hundred fifty million dollars is  approximately  five
percent of Philip Morris's profits in 2008; and
 
  WHEREAS,  Individual  shareholders will not be inextricably absorbed
into the corporation's powerful political action,  regardless  of  their
individual political beliefs and affiliations; and
 
  WHEREAS, The United States Supreme Court's ruling in Citizens United
v.  Federal  Elections  Commission  threatens  to dilute an individual's
power as a voting citizen and compromise the democratic process; and
 
  WHEREAS, The United States Supreme Court's ruling in Citizens United
v. Federal Elections Commission presents a serious and direct threat  to
our democracy; and
 
  WHEREAS,  The  people  of the United States have previously used the
constitutional amendment process  to  correct  those  egregiously  wrong
decisions  of the United State Supreme Court that go to the heart of our
democracy and self-government; now, therefore, be it
 
  RESOLVED, That the Congress of the United States be  and  hereby  is
respectfully memorialized by this Legislative Body to express opposition
to  the United States Supreme Court ruling in Citizens United v. Federal
Elections Commission; and be it further
 
  RESOLVED, That the Congress of the United States be  and  hereby  is
respectfully  memorialized  by  this  Legislative  Body  to  propose  an
amendment to the United States 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  Congress  and  the States may fully regulate all
election contributions and expenditures; and be it further
 
  RESOLVED, That copies of this  Resolution,  suitably  engrossed,  be
transmitted  to  the  President  of the Senate of the United States, the
Speaker of the House of Representatives,  and  to  each  member  of  the
Congress of the United States from the State of New York.