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PRINTER'S NO. 2260
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
440
Session of
2017
INTRODUCED BY DERMODY, DONATUCCI, DRISCOLL, DEAN, CALTAGIRONE,
HANNA, LONGIETTI, YOUNGBLOOD, FRANKEL, FREEMAN, ROZZI,
STURLA, O'BRIEN, GAINEY, SOLOMON, SIMS, PASHINSKI, SCHWEYER,
KINSEY, D. COSTA, DAVIDSON, NEILSON, DeLUCA, ROEBUCK,
GOODMAN, HILL-EVANS AND WARREN, JULY 27, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 27, 2017
A CONCURRENT RESOLUTION
Urging the Congress of the United States to propose an amendment
to the Constitution of the United States clarifying the
distinction between the rights of natural persons and the
rights of corporations and other legal entities under the
First Amendment and giving Congress and state legislatures
the power to regulate political contributions and
expenditures.
WHEREAS, Free speech is a right held by natural persons,
recognized and protected by the First Amendment to the
Constitution of the United States; and
WHEREAS, Corporations, limited liability companies and
partnerships, associations, unions and other legal entities
established under and granted privileges by Federal, State and
local laws make important contributions to our society but are
not to be equated with natural persons; and
WHEREAS, The rights and privileges of legal entities are
established and protected through existing statutes and judicial
case law; and
WHEREAS, The decision to regulate corporate financial
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campaign contributions and expenditures is one that historically
and constitutionally has been within the purview of the Congress
of the United States and state legislatures; and
WHEREAS, In 2010, the United States Supreme Court issued its
decision in Citizens United v. Federal Election Commission, 558
U.S. 310 (2010), ruling that Congress and the states lack the
constitutional right to ban independent corporate expenditures
to political campaigns for public office; and
WHEREAS, In the Citizens United decision the United States
Supreme Court relied on its previously issued opinion in Buckley
v. Valeo, 424 U.S. 1 (1976), equating the spending of money for
electing candidates to public office with speech; and
WHEREAS, The Citizens United decision has allowed for the
creation of super political action committees in election
campaigns for public office, which have made unregulated
campaign expenditures in unprecedented amounts; and
WHEREAS, The General Assembly of the Commonwealth of
Pennsylvania has grave concerns regarding the implications of
the 5-4 ruling in Citizens United; and
WHEREAS, The opinion of the four dissenting justices noted
that corporations have certain privileges not enjoyed by natural
persons, such as limited liability, perpetual life and favorable
treatment of the accumulation and distribution of assets, which
enable corporations to financially overwhelm natural persons in
the political process; and
WHEREAS, Congress, state legislatures and local legislative
bodies should have the authority to regulate political
contributions and expenditures; and
WHEREAS, Based on the American values of fair play and
ensuring that all citizens, regardless of wealth, have an
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opportunity for their political views to be heard, there is a
valid rationale for regulating political spending; and
WHEREAS, It is imperative that Congress and state
legislatures be allowed to exercise authority to make decisions
about the regulation of political contributions to and
expenditures made by natural persons and legal entities; and
WHEREAS, This policy requires that the Constitution of the
United States be amended to authorize congressional and state
regulation of political contributions and expenditures;
therefore be it
RESOLVED (the Senate concurring), That the General Assembly
of the Commonwealth of Pennsylvania urge the Congress of the
United States to propose an amendment to the Constitution of the
United States clarifying the distinction between the rights of
natural persons and the rights of corporations, unions and other
legal entities under the First Amendment and giving Congress and
state legislatures the power to regulate political contributions
to and expenditures made by natural persons and legal entities;
and be it further
RESOLVED, That copies of this resolution be transmitted to
the President of the United States, the Majority Leader of the
Senate of the United States, the Speaker of the House of
Representatives of the United States, the presiding officers of
each house of Congress and each member of Congress from
Pennsylvania.
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