
This amendment gives congress and the states full rein to make change in whatever way they see fit to address the scourge of filthy lucre in politics. It undoes the frightening part of Citizens United; it also attempts to make clear that the use and abuse of money in politics can be regulated, even prohibited.
Here's the fun part: This amendment needs a name! Whether you understand it or not, you can give this thing a good name, a name that will help this amendment work its way through the process of becoming law (as it surely will). Propose a good enough name in the comments, and fame and fortune will be yours. We thought about The People's Democracy Amendment, but decided it sounds like Chairman Mao. So, help!
The _______________ Amendment1. Congress shall have the power to prohibit, restrict the time, place and manner of, and otherwise regulate contributions to candidates for federal office, expenditures made to influence elections for federal office, and expenditures made to influence the making of federal law or the operation of the federal government.
2. Each State shall have the power to prohibit, restrict the time, place and manner of, and otherwise regulate contributions to candidates for office in the State, expenditures made to influence elections for office in the State, and expenditures made to influence the making of law or the operation of government within the State. These powers shall extend to candidates and elections for the State's representatives to Congress.
3. Prohibition, restriction and regulation by a State of contributions to candidates for the State's representatives to Congress, or expenditures made to influence elections for the State's representatives to Congress, may be more restrictive than restriction, limitation, and regulation by Congress of those contributions and expenditures.
4. The power of Congress and the States shall include without limitation the power to set limits on contributions and expenditures and the power to require public disclosure of the source, amount, and nature of the contribution or expenditure.
5. Congress and the States may distinguish between living humans and corporations and other entities or associations in the exercise of powers under this Article.
6. In this Article, the making of law shall include legislation by the Congress and by the legislative bodies or citizens of a State, and shall include amendment of this Constitution and the constitution of a State. In this Article, the operation of government shall include the operation of the legislative, executive, and judicial branches of government.
All is explained after the jump.
The _______________ Amendment1. Congress shall have the power to prohibit [yes, even prohibit; the purpose being to immunize any effort by Congress to regulate money in politics from Constitutional attack; this amendment does not attempt to tell Congress or the States how they might exercise their power], restrict the time, place and manner of [First Amendment jurisprudence has long recognized the validity of time, place and manner restrictions on speech], and otherwise regulate contributions to candidates for federal office [direct donations to candidates], expenditures made to influence elections for federal office [independent expenditures of the kind addressed in Citizens United], and expenditures made to influence the making of federal law or the operation of the federal government [lobbying].
2. Each State shall have the power to prohibit, restrict the time, place and manner of, and otherwise regulate contributions to candidates for office in the State, expenditures made to influence elections for office in the State, and expenditures made to influence the making of law or the operation of government within the State. [Same considerations apply to State regulation as to Federal regulation; while Citizens United addressed Federal regulation, States, which are subject to the First Amendment via the Fourteenth Amendment, are automatically affected by the logic of Citizens United.] These powers shall extend to candidates and elections for the State's representatives to Congress. [There has been controversy about the ability of States to regulate Congressional elections; this is intended to take care of it, insofar as States desire to regulate money in Congressional elections.]
3. Prohibition, restriction and regulation by a State of contributions to candidates for the State's representatives to Congress, or expenditures made to influence elections for the State's representatives to Congress, may be more restrictive than restriction, limitation, and regulation by Congress of those contributions and expenditures. [Hey, states’ rights! Go Federalism! No reason the State of Washington can't regulate money in elections for its representatives to Congress, even if, say, Alabama decides not to.]
4. The power of Congress and the States shall include without limitation the power to set limits on contributions and expenditures and the power to require public disclosure of the source, amount, and nature of the contribution or expenditure [just in case people start listening to Justice Thomas—he hates the disclaimer and disclosure rules of McCain-Feingold].
5. Congress and the States may distinguish between living humans and corporations and other entities or associations in the exercise of powers under this Article. [Call this "the Citizens United clause." Fine, speech is protected by the First Amendment without regard to whose mouth whence it comes, but that doesn't mean corporate money for politics can't be regulated, even prohibited.]
6. In this Article, the making of law shall include legislation by the Congress and by the legislative bodies or citizens [Initiatives! Referenda! Hey there, Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints!] of a State, and shall include amendment of this Constitution and the constitution of a state. In this Article, the operation of government shall include the operation of the legislative, executive [e.g., all federal agencies], and judicial branches of government [spending money in connection with lobbying of judges is already pretty much prohibited, but this Amendment is an attempt to be comprehensive].
All is fixed, right? If only this Amendment had the right name...
Related: A first reaction to Citizens United; the wrong kind of amendment to fix Citizens United; what reading the opinion feels like ("long... ominous... mind-bending"); and Justice Stevens's bristling dissent.
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Congress and the States shall have the power to regulate campaign expenditures and to distinguish between natural persons and corporate entities.
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