HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4375

The Commonwealth of Massachusetts

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In the Year Two Thousand Twelve

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By striking out all after the enacting clause and inserting in place thereof the following:–
 

Mr. Michlewitz of Boston moves to amend House Bill 4361 by striking the text in its entirety, and inserting in place thereof the following:

"MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PASS AND SEND TO THE STATES FOR RATIFICATION A CONSTITUTIONAL AMENDMENT TO RESTORE THE FIRST AMENDMENT AND FAIR ELECTIONS TO THE PEOPLE.

WHEREAS, FOR THE PAST 3 DECADES, A DIVIDED UNITED STATES SUPREME COURT HAS ALLOWED FOR CORPORATIONS, UNIONS, POLITICAL ACTION COMMITTEES AND SUPER POLITICAL ACTION COMMITTEES TO INFLUENCE THE POLITICAL PROCESS AND DEMOCRATICALLY-ENACTED REFORMS; AND

WHEREAS, THE FIRST AMENDMENT HAS BEEN GREATLY IMPACTED BY THE UNITED STATES SUPREME COURT’S RECENT RULING IN CITIZENS UNITED V. THE FEDERAL ELECTIONS COMMISSION; AND

WHEREAS, THE UNITED STATES SUPREME COURT’S RULING IN CITIZENS UNITED OVERTURNED LONGSTANDING PRECEDENT PROHIBITING THESE INTERESTS FROM SPENDING GENERAL TREASURY FUNDS IN DEMOCRATIC ELECTIONS; AND

WHEREAS, THE UNITED STATES SUPREME COURT’S RULING IN CITIZENS UNITED WILL ALLOW CORPORATIONS, UNIONS, POLITICAL ACTION COMMITTEES AND SUPER POLITICAL ACTION COMMITTEES LIMITLESS AND UNPRECEDENTED CAMPAIGN SPENDING AND THUS DISPROPORTIONATE INFLUENCE, THREATENING THE FAIRNESS OF THE DEMOCRATIC PROCESS; AND

WHEREAS, THE PEOPLE OF THE UNITED STATES HAVE PREVIOUSLY USED THE CONSTITUTIONAL AMENDMENT PROCESS TO OVERTURN SUPREME COURT DECISIONS THAT PRESENT A RISK TO THE DEMOCRATIC PROCESS AND SELF GOVERNMENT; NOW THEREFORE BE IT

RESOLVED, THAT THE MASSACHUSETTS HOUSE HEREBY MEMORIALIZES THE CONGRESS OF THE UNITED STATES TO PASS AND SEND TO THE STATES FOR RATIFICATION A CONSTITUTIONAL AMENDMENT TO RESTORE THE FIRST AMENDMENT AND FAIR ELECTIONS TO THE PEOPLE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THESE RESOLUTIONS BE TRANSMITTED FORTHWITH BY THE CLERK OF THE HOUSE TO THE PRESIDENT OF THE UNITED STATES, TO THE PRESIDING OFFICER OF EACH BRANCH OF CONGRESS AND TO THE MEMBERS OF THOSE BRANCHES FROM THE COMMONWEALTH OF MASSACHUSETTS."