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2 | 2 | | SENATE DOCKET, NO. 370 FILED ON: 1/13/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2463 |
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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 | | James B. Eldridge |
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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 a United States Constitutional Amendment and a limited amendment proposing |
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14 | 14 | | convention. |
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15 | 15 | | _______________ |
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16 | 16 | | PETITION OF: |
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17 | 17 | | NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and WorcesterMichael J. BarrettThird Middlesex2/11/2025 1 of 4 |
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18 | 18 | | SENATE DOCKET, NO. 370 FILED ON: 1/13/2025 |
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19 | 19 | | SENATE . . . . . . . . . . . . . . No. 2463 |
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20 | 20 | | By Mr. Eldridge, a petition (accompanied by resolutions, Senate, No. 2463) of James B. Eldridge |
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21 | 21 | | and Michael J. Barrett for the adoption of resolutions for a United States Constitutional |
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22 | 22 | | Amendment and a limited amendment proposing convention. Veterans and Federal Affairs. |
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23 | 23 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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24 | 24 | | SEE SENATE, NO. 2319 OF 2023-2024.] |
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25 | 25 | | The Commonwealth of Massachusetts |
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26 | 26 | | _______________ |
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27 | 27 | | In the One Hundred and Ninety-Fourth General Court |
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28 | 28 | | (2025-2026) |
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29 | 29 | | _______________ |
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30 | 30 | | Resolutions for a United States Constitutional Amendment and a limited amendment proposing |
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31 | 31 | | convention. |
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32 | 32 | | 1 WHEREAS, the 1st President of the United States George Washington stated, “The basis |
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33 | 33 | | 2of our political systems is the right of the people to make and to alter their Constitutions of |
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34 | 34 | | 3Government."; and |
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35 | 35 | | 4 WHEREAS, it was the stated intention of the framers of the Constitution of the United |
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36 | 36 | | 5States of America that the Congress of the United States of America should be "dependent on the |
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37 | 37 | | 6people alone." (James Madison, Federalist 52); and |
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38 | 38 | | 7 WHEREAS, that dependency has evolved from a dependency on the people alone to a |
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39 | 39 | | 8dependency on those who spend excessively in elections, through campaigns or third-party |
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40 | 40 | | 9groups; and 2 of 4 |
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41 | 41 | | 10 WHEREAS, the United States Supreme Court ruling in Citizens United v. Federal |
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42 | 42 | | 11Election Commission, 558 U.S. 310 (2010) removed restrictions on amounts of independent |
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43 | 43 | | 12political spending; and |
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44 | 44 | | 13 WHEREAS, the removal of those restrictions has resulted in the unjust influence of |
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45 | 45 | | 14powerful economic forces, which have supplanted the will of the people by undermining our |
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46 | 46 | | 15ability to choose our political leadership, write our own laws, and determine the fate of our state; |
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47 | 47 | | 16and |
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48 | 48 | | 17 WHEREAS, corporations are artificial entities that governments create and, as such, do |
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49 | 49 | | 18not possess the same unalienable rights of natural persons protected by the Constitution; and |
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50 | 50 | | 19 WHEREAS, corporations have used a claim to the rights enumerated in the US |
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51 | 51 | | 20Constitution, including under the 1st, 4th, 5th and 14th Amendments, to challenge and overturn |
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52 | 52 | | 21democratically enacted laws protecting the public interest; and |
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53 | 53 | | 22 WHEREAS, Article V of the United States Constitution requires the United States |
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54 | 54 | | 23Congress to call a convention for proposing amendments upon application of two-thirds of the |
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55 | 55 | | 24legislatures of the several states for the purpose of proposing amendments to the United States |
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56 | 56 | | 25Constitution; and |
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57 | 57 | | 26 WHEREAS, the Commonwealth of Massachusetts sees the need for a convention to |
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58 | 58 | | 27propose amendments in order to address concerns about the integrity of our elections and about |
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59 | 59 | | 28the ability of the people to participate in effective self-government, specifically those concerns |
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60 | 60 | | 29arising from the United States Supreme Court’s rulings limiting the ability of the legislature to |
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61 | 61 | | 30regulate the raising and spending of money in elections and granting constitutional rights to |
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62 | 62 | | 31corporations; and desires that said convention should be so limited; and 3 of 4 |
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63 | 63 | | 32 WHEREAS, the Commonwealth of Massachusetts desires that the delegates to said |
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64 | 64 | | 33convention shall be comprised equally from individuals currently elected to state and local |
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65 | 65 | | 34office, or be selected by election in each Congressional district for the purpose of serving as |
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66 | 66 | | 35delegates, though all individuals elected or appointed to federal office, now or in the past, be |
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67 | 67 | | 36prohibited from serving as delegates to the Convention, and intends to retain the ability to restrict |
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68 | 68 | | 37or expand the power of its delegates within the limits expressed above; and |
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69 | 69 | | 38 WHEREAS, the Commonwealth of Massachusetts intends that this application shall |
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70 | 70 | | 39constitute a continuing application, considered together with applications on this subject such as |
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71 | 71 | | 40those passed in the 2013-2014 Vermont legislature as R454, the 2013-2014 California legislature |
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72 | 72 | | 41as Resolution Chapter 77, the 98th Illinois General Assembly as SJR 42, the 2014-2015 New |
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73 | 73 | | 42Jersey legislature as SCR 132, the 2015-2016 Rhode Island legislature as HR 7670 and SR 2589, |
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74 | 74 | | 43and all other passed, pending, and future applications, the aforementioned concerns of |
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75 | 75 | | 44Massachusetts notwithstanding until such time as two-thirds of the Several States have applied |
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76 | 76 | | 45for a Convention and said Convention is convened by Congress; |
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77 | 77 | | 46 Therefore, BE IT RESOLVED by the Legislature of the Commonwealth of |
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78 | 78 | | 47Massachusetts that it calls on Congress to propose an amendment to the Constitution that would |
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79 | 79 | | 48affirm that (a) the rights protected by the Constitution of the United States are the rights of |
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80 | 80 | | 49natural persons, i.e. human individuals, only and (b) Congress and the states shall place limits on |
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81 | 81 | | 50political contributions and expenditures to ensure that all citizens have access to the political |
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82 | 82 | | 51process, and the spending of money to influence elections is not protected free speech under the |
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83 | 83 | | 52First Amendment; and 4 of 4 |
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84 | 84 | | 53 Be it further Resolved, that if Congress does not propose this constitutional amendment |
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85 | 85 | | 54within 6 months of the passage of this bill, then this bill constitutes a petition by the |
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86 | 86 | | 55Commonwealth of Massachusetts, speaking through its legislature, and pursuant to Article V of |
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87 | 87 | | 56the United States Constitution, to the Congress to call a limited Convention for the exclusive |
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88 | 88 | | 57purpose of proposing Amendments, as prescribed previously herein, to the Constitution of the |
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89 | 89 | | 58United States of America addressing, inter alia, concerns raised by Citizens United v. FEC, |
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90 | 90 | | 59McCutcheon v. FEC and related decisions, as soon as two-thirds of the several States have |
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91 | 91 | | 60applied for a Convention; and |
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92 | 92 | | 61 Be it further Resolved, that this petition shall not be considered by the U.S. Congress |
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93 | 93 | | 62until 33 other states submit petitions for the same purpose as proposed by Massachusetts in this |
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94 | 94 | | 63resolution and unless the Congress determines that the scope of amendments to the Constitution |
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95 | 95 | | 64of the United States considered by the convention shall be limited to the same purpose requested |
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96 | 96 | | 65by Massachusetts; and |
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97 | 97 | | 66 Be it further Resolved, that the Clerk of the Massachusetts House of Representatives and |
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98 | 98 | | 67Clerk of the Senate transmit copies of this resolution to the President and Vice President of the |
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99 | 99 | | 68United States and addressed to him at the legislative office which he maintains in Suite No. S- |
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100 | 100 | | 69212 of the United States Capitol Building, the Speaker of the United States House of |
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101 | 101 | | 70Representatives, the Minority Leader of the United States House of Representatives, the |
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102 | 102 | | 71President Pro Tempore of the United States Senate, to each Senator and Representative from |
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103 | 103 | | 72Massachusetts in the Congress of the United States, to the Governor of each State, and to the |
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104 | 104 | | 73presiding officers of each legislative body of each of the several States, requesting the |
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105 | 105 | | 74cooperation of the several States in issuing an application compelling Congress to call a |
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106 | 106 | | 75convention for proposing amendments pursuant to Article V of the United States Constitution. |
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