130th Ohio General Assembly
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H. C. R. No. 53  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. C. R. No. 53


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.


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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