California Proposition 59 (2016)

Last updated
Proposition 59
Corporate Political Spending Advisory Question
Results
Votes %
Yes check.svgYes6,845,94353.18%
X mark.svgNo 6,027,08446.82%
Valid votes 12,873,02788.11%
Invalid or blank votes 1,737,48211.89%
Total votes14,610,509100.00%
Registered voters/turnout 19,411,77175.27%
Source: California Secretary of State [1]

California Proposition 59 is a non-binding advisory question that appeared on the 2016 California November general election ballot. It asked voters if they wanted California to work towards overturning the Citizens United U.S. Supreme Court ruling.

A referendum is a direct vote in which an entire electorate is invited to vote on a particular proposal. This may result in the adoption of a new law. In some countries, it is synonymous with a plebiscite or a vote on a ballot question.

Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), is a landmark U.S. constitutional law, campaign finance, and corporate law case dealing with regulation of political campaign spending by organizations. The United States Supreme Court held (5–4) on January 21, 2010, that the free speech clause of the First Amendment to the Constitution prohibits the government from restricting independent expenditures for communications by nonprofit corporations, for-profit corporations, labor unions, and other associations.

Contents

Background

On January 21, 2010, the U.S. Supreme Court delivered its 5–4 decision on Citizens United v. FEC , ruling that freedom of speech prohibited the government from restricting independent political expenditures by a nonprofit corporation. The principles articulated by the Supreme Court in the case have also been extended to for-profit corporations, labor unions and other associations. [2] [3] This decision was criticized by a number of politicians, academics, attorneys and journalists because it basically allows unlimited election spending by corporations and thus members of 16 state legislatures (including California's) have called for a constitutional amendment to reverse the court. [4] [5]

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about 100–150 of the more than 7,000 cases that it is asked to review.

Freedom of speech political right to communicate ones opinions and ideas

Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The term "freedom of expression" is sometimes used synonymously but includes any act of seeking, receiving, and imparting information or ideas, regardless of the medium used.

An independent expenditure, in elections in the United States, is a political campaign communication that expressly advocates for the election or defeat of a clearly identified candidate that is not made in cooperation, consultation or concert with or at the request or suggestion of a candidate, candidate's authorized committee or political party. If a candidate, his/her agent, his/her authorized committee, his/her party, or an "agent" for one of these groups becomes "materially involved", the expenditure is not independent.

For the California State Legislature's part, they originally put Proposition 49 on the 2014 California November general election ballot. It would have been a non-binding advisory question presented to voters, asking if the U.S. Congress should propose a constitutional amendment to overturn Citizens United. However, the California Supreme Court ordered that the measure be pulled from the ballot pending further state constitutional review: at issue was that the state legislature had no defined specific power in either the state constitution or in any other state law to place such advisory measures on the ballot. [6] The California Supreme Court then ruled in January 2016 that such an advisory question could indeed be placed on the ballot,[ citation needed ] and the California State Legislature subsequently placed Proposition 59 on the November ballot.

California State Legislature state legislature of the U.S. state of California

The California State Legislature is a bicameral legislature consisting of a lower house, the California State Assembly, with 80 members; and an upper house, the California State Senate, with 40 members. Both houses of the Legislature convene at the California State Capitol in Sacramento. The California State Legislature is one of just ten full-time state legislatures in the United States.

United States Congress Legislature of the United States

The United States Congress is the bicameral legislature of the Federal Government of the United States. The legislature consists of two chambers: the House of Representatives and the Senate.

Supreme Court of California the highest court in the U.S. state of California

The Supreme Court of California is the highest and final court in the courts of the State of California. It resides in the State Building in San Francisco in Civic Center overlooking Civic Center Square along with City Hall. It also holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.

The advisory question

The proposition does not having any binding legal effect, nor any direct fiscal effect. California previously used voter instructions in the Article V process in an 1892 proposition placed on the ballot by the Legislature in support of the 17th Amendment (Direct Election of Senators).

The proposition asks, "Shall California's elected officials use all of their constitutional authority, including, but not limited to, proposing and ratifying" constitutional amendment(s) to overturn Citizens United. [7] Under Article Five of the U.S. Constitution, the process for amending the Constitution can only be initiated by either Congress or a national convention assembled at the request of the legislatures of at least two-thirds (at present 34) of the states. Then, at least three-fourths (at present 38) of the states must approve the proposed amendment before it becomes law. [8]

Article Five of the United States Constitution portion of the US Constitution regarding amendments

Article Five of the United States Constitution describes the process whereby the Constitution, the nation's frame of government, may be altered. Under Article V, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification.

Convention to propose amendments to the United States Constitution Process for amending the U.S. constitution

A convention to propose amendments to the United States Constitution, also called an Article V Convention or amendments convention, called for by two-thirds of the state legislatures, is one of two processes authorized by Article Five of the United States Constitution whereby the United States Constitution may be altered. Amendments may also be proposed by the Congress with a two-thirds vote in both the House of Representatives and the Senate.

State legislature (United States) legislature of a U.S. state

A state legislature in the United States is the legislative body of any of the 50 U.S. states. The formal name varies from state to state. In 25 states, the legislature is simply called the Legislature, or the State Legislature, while in 19 states, the legislature is called the General Assembly. In Massachusetts and New Hampshire, the legislature is called the General Court, while North Dakota and Oregon designate the legislature the Legislative Assembly.

Editorial opinion

Support

<i>San Francisco Chronicle</i> newspaper serving the San Francisco Bay area

The San Francisco Chronicle is a newspaper serving primarily the San Francisco Bay Area of the U.S. state of California. It was founded in 1865 as The Daily Dramatic Chronicle by teenage brothers Charles de Young and Michael H. de Young. The paper is currently owned by the Hearst Corporation, which bought it from the de Young family in 2000. It is the only major daily paper covering the city and county of San Francisco.

Oppose

<i>Los Angeles Times</i> Daily newspaper published in Los Angeles, California

The Los Angeles Times is a daily newspaper which has been published in Los Angeles, California, since 1881. It has the fourth-largest circulation among United States newspapers, and is the largest U.S. newspaper not headquartered on the East Coast. The paper is known for its coverage of issues particularly salient to the U.S. West Coast, such as immigration trends and natural disasters. It has won more than 40 Pulitzer Prizes for its coverage of these and other issues. As of June 18, 2018, ownership of the paper is controlled by Patrick Soon-Shiong, and the executive editor is Norman Pearlstine.

<i>Ventura County Star</i> newspaper in Ventura, California

The Ventura County Star is a daily newspaper published in Camarillo, California and serves all of Ventura County.

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References

  1. "Statement of Vote - November 8, 2016, General Election". December 16, 2016. Retrieved January 7, 2017.
  2. Cillizza, Chris (January 22, 2014). "How Citizens United changed politics, in 7 charts". The Washington Post. Retrieved 4 February 2016.
  3. Levy, Gabrielle (21 January 2015). "How Citizens United Has Changed Politics in 5 Years". U.S. News & World Report . Archived from the original on 2017-01-24. Retrieved 4 February 2016.
  4. Blumenthal, Paul (October 18, 2012). "Citizens United Constitutional Amendment: New Jersey Legislature Seeks Reversal Of Ruling". The Huffington Post.
  5. McCarter,Joan, "Oregon becomes 16th state to call for amendment overturning Citizens United", Daily Kos, July 2, 2013
  6. "'Citizens United' Measure Removed From California's Fall Ballot". KQED. August 11, 2014. Retrieved August 23, 2014.
  7. "Bill Text - SB-254 Campaign finance: voter instruction". Government of California. Retrieved 21 August 2016.
  8. "The Constitutional Amendment Process". The U.S. National Archives and Records Administration . Retrieved November 17, 2015.
  9. "Chronicle recommends: Yes on state Prop. 59". San Francisco Chronicle. September 7, 2016. Retrieved September 12, 2016.
  10. "Prop 59: Don't amend the Constitution over Citizens United". Los Angeles Times. September 6, 2016. Retrieved September 12, 2016.
  11. "Editorial: Do not vote on Prop. 59". Ventura County Star. September 30, 2016. Retrieved December 13, 2016.