Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S2463 Compare Versions

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22 SENATE DOCKET, NO. 370 FILED ON: 1/13/2025
33 SENATE . . . . . . . . . . . . . . No. 2463
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 James B. Eldridge
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying
1212 resolution:
1313 Resolutions for a United States Constitutional Amendment and a limited amendment proposing
1414 convention.
1515 _______________
1616 PETITION OF:
1717 NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and WorcesterMichael J. BarrettThird Middlesex2/11/2025 1 of 4
1818 SENATE DOCKET, NO. 370 FILED ON: 1/13/2025
1919 SENATE . . . . . . . . . . . . . . No. 2463
2020 By Mr. Eldridge, a petition (accompanied by resolutions, Senate, No. 2463) of James B. Eldridge
2121 and Michael J. Barrett for the adoption of resolutions for a United States Constitutional
2222 Amendment and a limited amendment proposing convention. Veterans and Federal Affairs.
2323 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2424 SEE SENATE, NO. 2319 OF 2023-2024.]
2525 The Commonwealth of Massachusetts
2626 _______________
2727 In the One Hundred and Ninety-Fourth General Court
2828 (2025-2026)
2929 _______________
3030 Resolutions for a United States Constitutional Amendment and a limited amendment proposing
3131 convention.
3232 1 WHEREAS, the 1st President of the United States George Washington stated, “The basis
3333 2of our political systems is the right of the people to make and to alter their Constitutions of
3434 3Government."; and
3535 4 WHEREAS, it was the stated intention of the framers of the Constitution of the United
3636 5States of America that the Congress of the United States of America should be "dependent on the
3737 6people alone." (James Madison, Federalist 52); and
3838 7 WHEREAS, that dependency has evolved from a dependency on the people alone to a
3939 8dependency on those who spend excessively in elections, through campaigns or third-party
4040 9groups; and 2 of 4
4141 10 WHEREAS, the United States Supreme Court ruling in Citizens United v. Federal
4242 11Election Commission, 558 U.S. 310 (2010) removed restrictions on amounts of independent
4343 12political spending; and
4444 13 WHEREAS, the removal of those restrictions has resulted in the unjust influence of
4545 14powerful economic forces, which have supplanted the will of the people by undermining our
4646 15ability to choose our political leadership, write our own laws, and determine the fate of our state;
4747 16and
4848 17 WHEREAS, corporations are artificial entities that governments create and, as such, do
4949 18not possess the same unalienable rights of natural persons protected by the Constitution; and
5050 19 WHEREAS, corporations have used a claim to the rights enumerated in the US
5151 20Constitution, including under the 1st, 4th, 5th and 14th Amendments, to challenge and overturn
5252 21democratically enacted laws protecting the public interest; and
5353 22 WHEREAS, Article V of the United States Constitution requires the United States
5454 23Congress to call a convention for proposing amendments upon application of two-thirds of the
5555 24legislatures of the several states for the purpose of proposing amendments to the United States
5656 25Constitution; and
5757 26 WHEREAS, the Commonwealth of Massachusetts sees the need for a convention to
5858 27propose amendments in order to address concerns about the integrity of our elections and about
5959 28the ability of the people to participate in effective self-government, specifically those concerns
6060 29arising from the United States Supreme Court’s rulings limiting the ability of the legislature to
6161 30regulate the raising and spending of money in elections and granting constitutional rights to
6262 31corporations; and desires that said convention should be so limited; and 3 of 4
6363 32 WHEREAS, the Commonwealth of Massachusetts desires that the delegates to said
6464 33convention shall be comprised equally from individuals currently elected to state and local
6565 34office, or be selected by election in each Congressional district for the purpose of serving as
6666 35delegates, though all individuals elected or appointed to federal office, now or in the past, be
6767 36prohibited from serving as delegates to the Convention, and intends to retain the ability to restrict
6868 37or expand the power of its delegates within the limits expressed above; and
6969 38 WHEREAS, the Commonwealth of Massachusetts intends that this application shall
7070 39constitute a continuing application, considered together with applications on this subject such as
7171 40those passed in the 2013-2014 Vermont legislature as R454, the 2013-2014 California legislature
7272 41as Resolution Chapter 77, the 98th Illinois General Assembly as SJR 42, the 2014-2015 New
7373 42Jersey legislature as SCR 132, the 2015-2016 Rhode Island legislature as HR 7670 and SR 2589,
7474 43and all other passed, pending, and future applications, the aforementioned concerns of
7575 44Massachusetts notwithstanding until such time as two-thirds of the Several States have applied
7676 45for a Convention and said Convention is convened by Congress;
7777 46 Therefore, BE IT RESOLVED by the Legislature of the Commonwealth of
7878 47Massachusetts that it calls on Congress to propose an amendment to the Constitution that would
7979 48affirm that (a) the rights protected by the Constitution of the United States are the rights of
8080 49natural persons, i.e. human individuals, only and (b) Congress and the states shall place limits on
8181 50political contributions and expenditures to ensure that all citizens have access to the political
8282 51process, and the spending of money to influence elections is not protected free speech under the
8383 52First Amendment; and 4 of 4
8484 53 Be it further Resolved, that if Congress does not propose this constitutional amendment
8585 54within 6 months of the passage of this bill, then this bill constitutes a petition by the
8686 55Commonwealth of Massachusetts, speaking through its legislature, and pursuant to Article V of
8787 56the United States Constitution, to the Congress to call a limited Convention for the exclusive
8888 57purpose of proposing Amendments, as prescribed previously herein, to the Constitution of the
8989 58United States of America addressing, inter alia, concerns raised by Citizens United v. FEC,
9090 59McCutcheon v. FEC and related decisions, as soon as two-thirds of the several States have
9191 60applied for a Convention; and
9292 61 Be it further Resolved, that this petition shall not be considered by the U.S. Congress
9393 62until 33 other states submit petitions for the same purpose as proposed by Massachusetts in this
9494 63resolution and unless the Congress determines that the scope of amendments to the Constitution
9595 64of the United States considered by the convention shall be limited to the same purpose requested
9696 65by Massachusetts; and
9797 66 Be it further Resolved, that the Clerk of the Massachusetts House of Representatives and
9898 67Clerk of the Senate transmit copies of this resolution to the President and Vice President of the
9999 68United States and addressed to him at the legislative office which he maintains in Suite No. S-
100100 69212 of the United States Capitol Building, the Speaker of the United States House of
101101 70Representatives, the Minority Leader of the United States House of Representatives, the
102102 71President Pro Tempore of the United States Senate, to each Senator and Representative from
103103 72Massachusetts in the Congress of the United States, to the Governor of each State, and to the
104104 73presiding officers of each legislative body of each of the several States, requesting the
105105 74cooperation of the several States in issuing an application compelling Congress to call a
106106 75convention for proposing amendments pursuant to Article V of the United States Constitution.