PRINTER'S NO.  2014

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE RESOLUTION

 

No.

264

Session of

2012

  

  

INTRODUCED BY FERLO, BREWSTER, BOSCOLA, FARNESE, FONTANA, TARTAGLIONE AND HUGHES, MARCH 16, 2012

  

  

REFERRED TO STATE GOVERNMENT, MARCH 16, 2012  

  

  

  

A RESOLUTION

  

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Opposing the majority opinion of the United States Supreme Court

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in Citizens United v. Federal Election Commission and

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supporting the "Saving American Democracy Amendment" to the

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Constitution of the United States.

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WHEREAS, On January 21, 2010, the United States Supreme Court

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issued an opinion in the case of Citizens United v. Federal

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Election Commission; and

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WHEREAS, The court overruled precedent and held that

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corporations have the same rights to freedom of speech as

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natural persons under the First Amendment to the Constitution of

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the United States, thereby establishing corporate personhood;

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and

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WHEREAS, The Citizens United decision allows corporations to

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make unlimited, anonymous expenditures to support or oppose any

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candidate for Federal, state or local elected office; and

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WHEREAS, This practice is destructive to American democracy

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and was never contemplated by the framers of the Constitution of

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the United States; and

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WHEREAS, The Citizens United decision threatens state

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sovereignty and the compelling interest of states and local

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governments to enact campaign finance reform laws; and

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WHEREAS, The dissenting opinion in Citizens United correctly

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stated that corporations "are not themselves members of 'We the

5

People' by whom and for whom our Constitution was established";

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and

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WHEREAS, On December 8, 2011, Senator Bernie Sanders of

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Vermont introduced the "Saving American Democracy Amendment" to

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the Constitution of the United States; and

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WHEREAS, The amendment expressly excludes corporations from

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the rights given to natural persons by the Constitution of the

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United States, prohibits corporate spending in all elections and

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affirms the authority of Congress and the states to set limits

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on election contributions and expenditures; and

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WHEREAS, A constitutional amendment is the most effective way

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to overturn the Citizens United decision and its progeny;

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therefore be it

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RESOLVED, That the Senate of Pennsylvania hereby oppose the

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majority opinion in Citizens United and support the "Saving

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American Democracy Amendment."

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