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H. C. R. No. 53 As IntroducedAs Introduced
| 129th General Assembly | | Regular Session | | 2011-2012 |
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Representatives Goyal, Murray
Cosponsors:
Representatives Hagan, R., Ramos, Antonio, Foley, Garland, Fedor, Celeste, Gerberry, Okey, Driehaus, Cera, Phillips
A CONCURRENT RESOLUTION | To memorialize the Congress of the United States to
propose an amendment to the United States
Constitution to overturn the decision in Citizens
United v. Federal Election Commission, 558 U.S. 50
(2010), and to specify that Congress and the
states have the power to regulate contributions
and expenditures made for the purpose of
influencing elections.
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BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OHIO
(THE SENATE CONCURRING):
| WHEREAS, The protections afforded to the people by the First
Amendment to the United States Constitution are fundamental to our
democracy; and |
| WHEREAS, We the people adopted and ratified the United States
Constitution to protect the free speech rights and other rights of
people, not corporations; and |
| WHEREAS, Corporations are not people, who are protected by
the rights of citizenship, but instead are entities created by the
laws of states and nations; and |
| WHEREAS, In Citizens United v. Federal Election Commission,
558 U.S. 50 (2010), the United States Supreme Court overturned
longstanding precedent that upheld the regulation and prohibition
of political contributions and expenditures paid from the general
treasury funds of corporations; and |
| WHEREAS, Corporations have special advantages that natural
persons do not enjoy, such as limited liability, perpetual life,
and favorable treatment of the accumulation and distribution of
assets, as the four dissenting justices noted in Citizens United
v. Federal Election Commission; and |
| WHEREAS, Citizens United v. Federal Election Commission
exacerbated the influx in our political process of corporate money
in amounts unmatched by any campaign expenditure totals in United
States history; and |
| WHEREAS, In Austin v. Michigan Chamber of Commerce, 494 U.S.
652 (1990), the United States Supreme Court ruled that a
compelling state interest exists in preventing "the corrosive and
distorting effects of immense aggregations of wealth" accumulated
by corporations; and |
| WHEREAS, Since the founding of our country, our political
leaders have recognized that the interests of corporations do not
always correspond with the public interest and therefore that the
political influence of corporations should be limited; and |
| WHEREAS, Citizens United v. Federal Election Commission
purports to invalidate state laws and constitutional provisions
that separate corporate money from elections; and |
| WHEREAS, Citizens United v. Federal Election Commission and
the corresponding corporate influence over our electoral process
give rise to corruption, potential corruption, and the appearance
of corruption and therefore present a serious and direct threat to
our republican democracy; now therefore be it |
| RESOLVED, That we, the members of the 129th General Assembly
of the State of Ohio, urge the Congress of the United States to
propose an amendment to the United States Constitution to overturn
the decision in Citizens United v. Federal Election Commission in
order to allow for the regulation of pervasive corporate money,
speech, and influence in our electoral and political systems; to
specify that Congress has the power to regulate contributions and
expenditures made for the purpose of influencing the election of
candidates for federal office; and to specify that each state has
the power to regulate contributions and expenditures made for the
purpose of influencing the election of candidates for state or
local office and for the purpose of influencing an election
regarding any other issue put before the people of that state for
a vote; and be it further |
| RESOLVED, That the Clerk of the House of Representatives
transmit duly authenticated copies of this resolution to the
Speaker and Clerk of the United States House of Representatives,
the President Pro Tempore and the Secretary of the United States
Senate, the members of the Ohio Congressional delegation, the
Governor of the State of Ohio, and the news media of Ohio. |
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