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2 | 2 | | HOUSE DOCKET, NO. 249 FILED ON: 1/7/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3843 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Carmine Lawrence Gentile |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying |
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12 | 12 | | resolution: |
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13 | 13 | | Resolutions for an application to Congress for an amendment overturning Citizens United. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Carmine Lawrence Gentile13th Middlesex1/7/2025Natalie M. Higgins4th Worcester2/23/2025Mary S. Keefe15th Worcester3/4/2025 1 of 3 |
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17 | 17 | | HOUSE DOCKET, NO. 249 FILED ON: 1/7/2025 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 3843 |
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19 | 19 | | By Representative Gentile of Sudbury, a petition (accompanied by resolutions, House, No. 3843) |
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20 | 20 | | of Carmine Lawrence Gentile, Natalie M. Higgins and Mary S. Keefe for the adoption of |
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21 | 21 | | resolutions memorializing the Congress of the United States to pass and send to the states for |
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22 | 22 | | ratification a constitutional amendment to restore the first amendment and fair elections to the |
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23 | 23 | | people. Veterans and Federal Affairs. |
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24 | 24 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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25 | 25 | | SEE HOUSE, NO. 3768 OF 2023-2024.] |
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26 | 26 | | The Commonwealth of Massachusetts |
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27 | 27 | | _______________ |
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28 | 28 | | In the One Hundred and Ninety-Fourth General Court |
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29 | 29 | | (2025-2026) |
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30 | 30 | | _______________ |
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31 | 31 | | Resolutions for an application to Congress for an amendment overturning Citizens United. |
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32 | 32 | | 1 Memorializing the Congress of the United States to pass and send to the states for |
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33 | 33 | | 2ratification a constitutional amendment to restore the first amendment and fair elections to the |
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34 | 34 | | 3people. |
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35 | 35 | | 4 Whereas, for the past 4 decades, a divided United States Supreme Court has allowed for |
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36 | 36 | | 5corporations, unions, political action committees and super political action committees to |
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37 | 37 | | 6influence the political process and democratically-enacted reforms; and |
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38 | 38 | | 7 Whereas, the first amendment has been greatly impacted by the United States Supreme |
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39 | 39 | | 8Court’s ruling in Citizens United v. the Federal Elections Commission; and 2 of 3 |
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40 | 40 | | 9 Whereas, the United States Supreme Court’s ruling in Citizens United overturned |
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41 | 41 | | 10longstanding precedent prohibiting these interests from spending general treasury funds in |
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42 | 42 | | 11democratic elections; and |
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43 | 43 | | 12 Whereas, the United States Supreme Court’s ruling in Citizens United will allow |
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44 | 44 | | 13corporations, unions, political action committees and super political action committees limitless |
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45 | 45 | | 14and unprecedented campaign spending and disproportionate influence, threatening the fairness of |
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46 | 46 | | 15the democratic process; and |
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47 | 47 | | 16 Whereas, the people of the United States have previously used the Constitutional |
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48 | 48 | | 17amendment process to overturn Supreme Court decisions that present a risk to the democratic |
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49 | 49 | | 18process and self government; and in 2018 the Commonwealth of Massachusetts Citizens |
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50 | 50 | | 19Commission Concerning a Constitutional Amendment for Government of the People created by |
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51 | 51 | | 20the overwhelming affirmative vote of Ballot Question 2 in the 2018 general election in the |
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52 | 52 | | 21Commonwealth of Massachusetts proposed the following Amendment: |
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53 | 53 | | 22 “Section 1. We the People have compelling sovereign interests in representative self- |
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54 | 54 | | 23government, federalism, the integrity of the electoral process, and the political equality of natural |
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55 | 55 | | 24persons. |
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56 | 56 | | 25 Section 2. Nothing in this Constitution shall be construed to forbid Congress or the |
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57 | 57 | | 26States, within their respective jurisdictions, from reasonably regulating and limiting contributions |
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58 | 58 | | 27and expenditures in campaigns, elections, or ballot measures. |
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59 | 59 | | 28 Section 3. Congress and the States shall have the power to implement and enforce this |
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60 | 60 | | 29article by appropriate legislation, and may distinguish between natural persons and juridical 3 of 3 |
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61 | 61 | | 30persons, including by prohibiting juridical persons from raising and spending money in |
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62 | 62 | | 31campaigns, elections, or ballot measures.” |
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63 | 63 | | 32 now therefore be it |
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64 | 64 | | 33 Resolved, that the Massachusetts General Court hereby memorializes the Congress of the |
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65 | 65 | | 34United States to pass and send to the states for ratification a Constitutional amendment to restore |
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66 | 66 | | 35the First Amendment and fair elections to the people such as that proposed above; and be it |
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67 | 67 | | 36further |
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68 | 68 | | 37 Resolved, that a copy of these resolutions be transmitted forthwith by the Clerk of the |
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69 | 69 | | 38House of Representatives to the President of the United States, to the presiding officer of each |
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70 | 70 | | 39branch of Congress and to the members of those branches from the Commonwealth of |
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71 | 71 | | 40Massachusetts. |
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