Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2319 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 129 FILED ON: 1/11/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2319
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James B. Eldridge
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying
12	12	resolution:
13	13	Resolutions for a United States Constitutional Amendment and a limited amendment proposing
14	14	convention.
15	15	_______________
16	16	PETITION OF:
17	17	NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and WorcesterSal N. DiDomenicoMiddlesex and Suffolk1/30/2023Jason M. LewisFifth Middlesex2/6/2023James K. Hawkins2nd Bristol2/8/2023 1 of 4
18	18	SENATE DOCKET, NO. 129 FILED ON: 1/11/2023
19	19	SENATE . . . . . . . . . . . . . . No. 2319
20	20	By Mr. Eldridge, a petition (accompanied by resolutions, Senate, No. 2319) of James B.
21	21	Eldridge, Sal N. DiDomenico, Jason M. Lewis and James K. Hawkins for the adoption of
22	22	Resolutions for a United States Constitutional Amendment and a limited amendment proposing
23	23	convention. Veterans and Federal Affairs.
24	24	[SIMILAR MATTER FILED IN PREVIOUS SESSION
25	25	SEE SENATE, NO. 2402 OF 2021-2022.]
26	26	The Commonwealth of Massachusetts
27	27	_______________
28	28	In the One Hundred and Ninety-Third General Court
29	29	(2023-2024)
30	30	_______________
31	31	Resolutions for a United States Constitutional Amendment and a limited amendment proposing
32	32	convention.
33	33	1 WHEREAS, the 1st President of the United States George Washington stated, “The basis
34	34	2of our political systems is the right of the people to make and to alter their Constitutions of
35	35	3Government."; and
36	36	4 WHEREAS, it was the stated intention of the framers of the Constitution of the United
37	37	5States of America that the Congress of the United States of America should be "dependent on the
38	38	6people alone." (James Madison, Federalist 52); and
39	39	7 WHEREAS, that dependency has evolved from a dependency on the people alone to a
40	40	8dependency on those who spend excessively in elections, through campaigns or third-party
41	41	9groups; and 2 of 4
42	42	10 WHEREAS, the United States Supreme Court ruling in Citizens United v. Federal
43	43	11Election Commission, 558 U.S. 310 (2010) removed restrictions on amounts of independent
44	44	12political spending; and
45	45	13 WHEREAS, the removal of those restrictions has resulted in the unjust influence of
46	46	14powerful economic forces, which have supplanted the will of the people by undermining our
47	47	15ability to choose our political leadership, write our own laws, and determine the fate of our state;
48	48	16and
49	49	17 WHEREAS, corporations are artificial entities that governments create and, as such, do
50	50	18not possess the same unalienable rights of natural persons protected by the Constitution; and
51	51	19 WHEREAS, corporations have used a claim to the rights enumerated in the US
52	52	20Constitution, including under the 1st, 4th, 5th and 14th Amendments, to challenge and overturn
53	53	21democratically enacted laws protecting the public interest; and
54	54	22 WHEREAS, Article V of the United States Constitution requires the United States
55	55	23Congress to call a convention for proposing amendments upon application of two-thirds of the
56	56	24legislatures of the several states for the purpose of proposing amendments to the United States
57	57	25Constitution; and
58	58	26 WHEREAS, the Commonwealth of Massachusetts sees the need for a convention to
59	59	27propose amendments in order to address concerns about the integrity of our elections and about
60	60	28the ability of the people to participate in effective self-government, specifically those concerns
61	61	29arising from the United States Supreme Court’s rulings limiting the ability of the legislature to
62	62	30regulate the raising and spending of money in elections and granting constitutional rights to
63	63	31corporations; and desires that said convention should be so limited; and 3 of 4
64	64	32 WHEREAS, the Commonwealth of Massachusetts desires that the delegates to said
65	65	33convention shall be comprised equally from individuals currently elected to state and local
66	66	34office, or be selected by election in each Congressional district for the purpose of serving as
67	67	35delegates, though all individuals elected or appointed to federal office, now or in the past, be
68	68	36prohibited from serving as delegates to the Convention, and intends to retain the ability to restrict
69	69	37or expand the power of its delegates within the limits expressed above; and
70	70	38 WHEREAS, the Commonwealth of Massachusetts intends that this application shall
71	71	39constitute a continuing application, considered together with applications on this subject such as
72	72	40those passed in the 2013-2014 Vermont legislature as R454, the 2013-2014 California legislature
73	73	41as Resolution Chapter 77, the 98th Illinois General Assembly as SJR 42, the 2014-2015 New
74	74	42Jersey legislature as SCR 132, the 2015-2016 Rhode Island legislature as HR 7670 and SR 2589,
75	75	43and all other passed, pending, and future applications, the aforementioned concerns of
76	76	44Massachusetts notwithstanding until such time as two-thirds of the Several States have applied
77	77	45for a Convention and said Convention is convened by Congress;
78	78	46 Therefore, BE IT RESOLVED by the Legislature of the Commonwealth of
79	79	47Massachusetts that it calls on Congress to propose an amendment to the Constitution that would
80	80	48affirm that (a) the rights protected by the Constitution of the United States are the rights of
81	81	49natural persons, i.e. human individuals, only and (b) Congress and the states shall place limits on
82	82	50political contributions and expenditures to ensure that all citizens have access to the political
83	83	51process, and the spending of money to influence elections is not protected free speech under the
84	84	52First Amendment; and 4 of 4
85	85	53 Be it further Resolved, that if Congress does not propose this constitutional amendment
86	86	54within 6 months of the passage of this bill, then this bill constitutes a petition by the
87	87	55Commonwealth of Massachusetts, speaking through its legislature, and pursuant to Article V of
88	88	56the United States Constitution, to the Congress to call a limited Convention for the exclusive
89	89	57purpose of proposing Amendments, as prescribed previously herein, to the Constitution of the
90	90	58United States of America addressing, inter alia, concerns raised by Citizens United v. FEC,
91	91	59McCutcheon v. FEC and related decisions, as soon as two-thirds of the several States have
92	92	60applied for a Convention; and
93	93	61 Be it further Resolved, that this petition shall not be considered by the U.S. Congress
94	94	62until 33 other states submit petitions for the same purpose as proposed by Massachusetts in this
95	95	63resolution and unless the Congress determines that the scope of amendments to the Constitution
96	96	64of the United States considered by the convention shall be limited to the same purpose requested
97	97	65by Massachusetts; and
98	98	66 Be it further Resolved, that the Clerk of the Massachusetts House of Representatives and
99	99	67Clerk of the Senate transmit copies of this resolution to the President and Vice President of the
100	100	68United States and addressed to him at the legislative office which he maintains in Suite No. S-
101	101	69212 of the United States Capitol Building, the Speaker of the United States House of
102	102	70Representatives, the Minority Leader of the United States House of Representatives, the
103	103	71President Pro Tempore of the United States Senate, to each Senator and Representative from
104	104	72Massachusetts in the Congress of the United States, to the Governor of each State, and to the
105	105	73presiding officers of each legislative body of each of the several States, requesting the
106	106	74cooperation of the several States in issuing an application compelling Congress to call a
107	107	75convention for proposing amendments pursuant to Article V of the United States Constitution.