| 1 | 1 | | 1.1 A resolution |
|---|
| 2 | 2 | | 1.2 memorializing Congress to overturn the United States Supreme Court decision Citizens |
|---|
| 3 | 3 | | 1.3 United v. FEC; requesting that Congress clarify that the rights protected under the |
|---|
| 4 | 4 | | 1.4 Constitution are the rights of natural persons and not the rights of artificial entities and |
|---|
| 5 | 5 | | 1.5 that spending money to influence elections is not speech under the First Amendment; |
|---|
| 6 | 6 | | 1.6 asking that Congress propose a constitutional amendment to provide such clarification. |
|---|
| 7 | 7 | | 1.7 WHEREAS, when the states and federal government first authorized the creation of |
|---|
| 8 | 8 | | 1.8corporations, they were regulated by the people and their elected representatives through law; and |
|---|
| 9 | 9 | | 1.9 WHEREAS, the Supreme Court granted constitutional rights to corporations thereby limiting |
|---|
| 10 | 10 | | 1.10the right of the people to regulate corporations through federal, state, or local law; and |
|---|
| 11 | 11 | | 1.11 WHEREAS, Supreme Court rulings on political spending in recent decades have undermined |
|---|
| 12 | 12 | | 1.12the First Amendment, which was designed, even according to the Supreme Court in 1976, "to secure |
|---|
| 13 | 13 | | 1.13the widest possible dissemination of information from diverse and antagonistic sources," and "to |
|---|
| 14 | 14 | | 1.14assure the unfettered interchange of ideas for the bringing about of political and social changes |
|---|
| 15 | 15 | | 1.15desired by the people." Supreme Court rulings that have equated money as speech have enabled |
|---|
| 16 | 16 | | 1.16people, corporations, and other entities to spend virtually unlimited money in support of favored |
|---|
| 17 | 17 | | 1.17candidates and interests, undermining the core First Amendment value of open and robust debate |
|---|
| 18 | 18 | | 1.18in the political process and the opportunity for voters to hear speech from all candidates and all |
|---|
| 19 | 19 | | 1.19perspectives; and |
|---|
| 20 | 20 | | 1.20 WHEREAS, by giving artificial entities the constitutional rights of persons and treating |
|---|
| 21 | 21 | | 1.21money as speech, the courts have undercut the rights of citizens to equal and meaningful participation |
|---|
| 22 | 22 | | 1.22in the democratic process, and given corporations and other entities more power than people when |
|---|
| 23 | 23 | | 1.23government is supposed to be "of the people, by the people, and for the people"; and |
|---|
| 24 | 24 | | 1.24 WHEREAS, this undermines public confidence in the democratic process and democratic |
|---|
| 25 | 25 | | 1.25institutions; and |
|---|
| 26 | 26 | | 1 |
|---|
| 27 | 27 | | 25-02931 as introduced01/28/25 REVISOR JFK/NS |
|---|
| 28 | 28 | | SENATE |
|---|
| 29 | 29 | | STATE OF MINNESOTA |
|---|
| 30 | 30 | | S.F. No. 1033NINETY-FOURTH SESSION |
|---|
| 31 | 31 | | (SENATE AUTHORS: BOLDON, Maye Quade and Port) |
|---|
| 32 | 32 | | OFFICIAL STATUSD-PGDATE |
|---|
| 33 | 33 | | Introduction and first reading02/06/2025 |
|---|
| 34 | 34 | | Referred to Elections 2.1 WHEREAS, under Article V of the Constitution of the United States, the Congress, whenever |
|---|
| 35 | 35 | | 2.2two-thirds of both Houses shall deem it necessary, shall propose amendments to the Constitution; |
|---|
| 36 | 36 | | 2.3NOW, THEREFORE, |
|---|
| 37 | 37 | | 2.4 BE IT RESOLVED by the Legislature of the State of Minnesota that it requests that Congress |
|---|
| 38 | 38 | | 2.5propose an amendment to the Constitution that shall substantially read as follows: |
|---|
| 39 | 39 | | 2.6 "(1) The rights protected by the Constitution of the United States are the rights of natural |
|---|
| 40 | 40 | | 2.7persons only. |
|---|
| 41 | 41 | | 2.8 (2) Any entity, including any organization or association of one or more persons, established |
|---|
| 42 | 42 | | 2.9or allowed by the laws of any State, the United States, or any Foreign State shall have no rights |
|---|
| 43 | 43 | | 2.10under this Constitution separate from the rights of its members, and is subject to regulation by the |
|---|
| 44 | 44 | | 2.11people, through Federal, State, or local law through which the entity is granted rights and given |
|---|
| 45 | 45 | | 2.12responsibilities. |
|---|
| 46 | 46 | | 2.13 (3) Federal, State, and local government shall regulate, limit, or prohibit contributions and |
|---|
| 47 | 47 | | 2.14expenditures, including a candidate's own contributions and expenditures, to ensure that all citizens, |
|---|
| 48 | 48 | | 2.15regardless of their economic status, have access to the political process, and that no person gains, |
|---|
| 49 | 49 | | 2.16as a result of their money, substantially more access or ability to influence in any way the election |
|---|
| 50 | 50 | | 2.17of any candidate for public office or any ballot measure. |
|---|
| 51 | 51 | | 2.18 (4) Federal, State, and local government shall require that any permissible contributions and |
|---|
| 52 | 52 | | 2.19expenditures be publicly disclosed." |
|---|
| 53 | 53 | | 2.20 BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is directed |
|---|
| 54 | 54 | | 2.21to prepare copies of this resolution and transmit them to the Speaker and the Clerk of the United |
|---|
| 55 | 55 | | 2.22States House of Representatives, the President and the Secretary of the United States Senate, the |
|---|
| 56 | 56 | | 2.23United States Secretary of State, and Minnesota's Senators and Representatives in Congress. |
|---|
| 57 | 57 | | 2 |
|---|
| 58 | 58 | | 25-02931 as introduced01/28/25 REVISOR JFK/NS |
|---|