K01016 Summary:

BILL NO    K01016 

SAME AS    No Same as 

SPONSOR    Brennan

COSPNSR    

MLTSPNSR   Benedetto, Boyland, Cahill, Colton, Cook, Englebright, Galef, Glick,
           Gottfried, Gunther, Heastie, Hevesi, Jacobs, Jaffee, Kellner,
           Latimer, Lifton, Lupardo, Magnarelli, Maisel, Mayer, McEneny,
           Millman, Montesano, Peoples-Stokes, Perry, Rivera P, Rosenthal,
           Russell, Schimel, Sweeney, Thiele, Titone, Weprin



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K01016 Actions:

BILL NO    K01016 

03/07/2012 referred to election law
03/27/2012 reported to calendar for consideration
04/17/2012 recommitted to election law
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K01016 Votes:

There are no votes for this bill in this legislative session.
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K01016 Memo:

Memo not available
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K01016 Text:

LEGISLATIVE RESOLUTION 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 influ-
ence  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  amend-
ment  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 tran-
smitted 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.
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