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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE RESOLUTION |
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| INTRODUCED BY FERLO, BREWSTER, BOSCOLA, FARNESE, FONTANA, TARTAGLIONE AND HUGHES, MARCH 16, 2012 |
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| REFERRED TO STATE GOVERNMENT, MARCH 16, 2012 |
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| A RESOLUTION |
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1 | Opposing the majority opinion of the United States Supreme Court |
2 | in Citizens United v. Federal Election Commission and |
3 | supporting the "Saving American Democracy Amendment" to the |
4 | Constitution of the United States. |
5 | WHEREAS, On January 21, 2010, the United States Supreme Court |
6 | issued an opinion in the case of Citizens United v. Federal |
7 | Election Commission; and |
8 | WHEREAS, The court overruled precedent and held that |
9 | corporations have the same rights to freedom of speech as |
10 | natural persons under the First Amendment to the Constitution of |
11 | the United States, thereby establishing corporate personhood; |
12 | and |
13 | WHEREAS, The Citizens United decision allows corporations to |
14 | make unlimited, anonymous expenditures to support or oppose any |
15 | candidate for Federal, state or local elected office; and |
16 | WHEREAS, This practice is destructive to American democracy |
17 | and was never contemplated by the framers of the Constitution of |
18 | the United States; and |
19 | WHEREAS, The Citizens United decision threatens state |
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1 | sovereignty and the compelling interest of states and local |
2 | governments to enact campaign finance reform laws; and |
3 | WHEREAS, The dissenting opinion in Citizens United correctly |
4 | stated that corporations "are not themselves members of 'We the |
5 | People' by whom and for whom our Constitution was established"; |
6 | and |
7 | WHEREAS, On December 8, 2011, Senator Bernie Sanders of |
8 | Vermont introduced the "Saving American Democracy Amendment" to |
9 | the Constitution of the United States; and |
10 | WHEREAS, The amendment expressly excludes corporations from |
11 | the rights given to natural persons by the Constitution of the |
12 | United States, prohibits corporate spending in all elections and |
13 | affirms the authority of Congress and the states to set limits |
14 | on election contributions and expenditures; and |
15 | WHEREAS, A constitutional amendment is the most effective way |
16 | to overturn the Citizens United decision and its progeny; |
17 | therefore be it |
18 | RESOLVED, That the Senate of Pennsylvania hereby oppose the |
19 | majority opinion in Citizens United and support the "Saving |
20 | American Democracy Amendment." |
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