Move to Amend

Last updated
Move To Amend
Formation2010
Type Nonprofit organization
FocusPolitical and social advocacy
Headquarters Sacramento, California
Location
  • United States
Method Education, Lobbying, Resolution, and ballot campaigns
National Director
Kaitlin Sopoci-Belknap
Website www.movetoamend.org

Move to Amend is a national, non-partisan, grassroots organization that seeks to blunt corporate power by amending the United States Constitution to end corporate personhood and state that money is not speech. [1] The group was created in response to the 2010 Supreme Court ruling Citizens United v. Federal Election Commission , which held that corporations have a First Amendment right to make expenditures from their general treasuries supporting or opposing candidates for political office, arguing that the Court's decision disrupts the democratic process by granting disproportionate influence to the wealthy. [2] Move to Amend advocates for the "We the People" Amendment, currently in Congress as H.J.Res. 48, to establish that constitutional rights are reserved for natural persons only and require the regulation and disclosure of spending in U.S. elections. [3]

Contents

Background

In 2009, several national organizations including the Women's International League for Peace and Freedom, the Program on Corporations, and Democracy (POCLAD) and Democracy Unlimited of Humboldt County (DUHC) submitted an amicus curiae authored by former Massachusetts assistant attorney general Jeff Clements to the Supreme Court in Citizens United v. Federal Election Commission , a U.S. constitutional law case concerning the regulation of independent political expenditures by corporations, which the non-profit organization Citizens United challenged on the grounds of violating the First Amendment’s freedom of speech. The brief argued against Citizens United and called for the court to reverse its precedents on corporate personhood, citing the 1886 case of Santa Clara County v. Southern Pacific Railroad Co. that preceded the extension of constitutional protections to corporations under the Fourteenth Amendment. [4]

When the Court ruled to allow for corporations to make political expenditures from their general treasuries under the First Amendment's free speech rights in January 2010, several organizers and attorneys from those organizations behind the brief launched Move to Amend as a national campaign to overturn the Citizens United ruling, arguing that the Court’s decision disrupts the democratic process by granting disproportionate influence to the wealthy with the intent of promoting corporate power at the expense of ordinary citizens. [5] [6] [7] [8]

Resolutions and ballot campaigns

Move to Amend's strategy has included grassroots organizing to lobby elected officials and candidates to pass local resolutions and ordinances through municipalities, which call on state and federal representatives to support a 28th Amendment and may include holding a "Democracy Day" public hearing. As of November 2023, over 840 local governments and 22 states have passed resolutions and ordinances supporting a constitutional amendment to address the Citizens United ruling." [9] [10] Over 300 resolutions were passed by voters via ballot initiatives, including statewide initiatives in Colorado, Montana, California and Washington. [11] [12] [13]

Local affiliates of Move to Amend have helped pass many such resolutions supporting the language of the We the People Amendment, including the Los Angeles City Council which voted unanimously to end constitutional rights for corporations in 2011. [14] In Ohio, local ordinances supporting the amendment and creating a "Democracy Day" public hearing to examine the local impact of political influence by corporations have been passed by municipal governments and voters via ballot initiatives, including Cleveland and Toledo. [15] [16] [17] In Wisconsin, a partner of Move to Amend - Wisconsin United to Amend WIUTA, is building the movement for this amendment. As of 2023, 170 municipalities have passed resolutions, comprising 61% (3.5 million) of Wisconsin residents. WIUTA is also bringing the faith communities into the movement. As of 2023, 10 faith congregations have also passed resolutions calling for the amendment. The Outreach Director, George Penn, can be reached through their site at WIUTA.org. [18] [19]

Leadership

The group has included organizers and attorneys from several national organizations among its leadership, including:

Related Research Articles

Campaign finance laws in the United States have been a contentious political issue since the early days of the union. The most recent major federal law affecting campaign finance was the Bipartisan Campaign Reform Act (BCRA) of 2002, also known as "McCain-Feingold". Key provisions of the law prohibited unregulated contributions to national political parties and limited the use of corporate and union money to fund ads discussing political issues within 60 days of a general election or 30 days of a primary election; However, provisions of BCRA limiting corporate and union expenditures for issue advertising were overturned by the Supreme Court in Federal Election Commission v. Wisconsin Right to Life.

Corporate personhood or juridical personality is the legal notion that a juridical person such as a corporation, separately from its associated human beings, has at least some of the legal rights and responsibilities enjoyed by natural persons. In most countries, a corporation has the same rights as a natural person to hold property, enter into contracts, and to sue or be sued.

<span class="mw-page-title-main">Popular initiative</span> Popular voter petition systems

A popular initiative is a form of direct democracy by which a petition meeting certain hurdles can force a legal procedure on a proposition. The hurdles the petition has to meet vary between countries, typically signatures by a certain number of registered voters.

Santa Clara County v. Southern Pacific Railroad Company, 118 U.S. 394 (1886), is a corporate law case of the United States Supreme Court concerning taxation of railroad properties. The case is most notable for a headnote stating that the Equal Protection Clause of the Fourteenth Amendment grants constitutional protections to corporations.

An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of Brazil, the Czech Republic, Germany, Greece, India, Iran, Italy, Morocco, Norway, and Turkey, but specifically applies to an entrenched clause that can never be overridden. However, if a constitution provides for a mechanism of its own abolition or replacement, like the German Basic Law does in Article 146, this by necessity provides a "back door" for getting rid of the "eternity clause", too.

In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place legislation on the ballot for a referendum or popular vote, either enacting new legislation, or voting down existing legislation. Citizens, or an organization, might start an initiative to gather a predetermined number of signatures to qualify the measure for the ballot. The measure is placed on the ballot for the referendum, or actual vote.

First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978), is a U.S. constitutional law case which defined the free speech right of corporations for the first time. The United States Supreme Court held that corporations have a First Amendment right to make contributions to ballot initiative campaigns. The ruling came in response to a Massachusetts law that prohibited corporate donations in ballot initiatives unless the corporation's interests were directly involved.

<span class="mw-page-title-main">Constitution of Texas</span> Principles, institutions and law of political governance in the U.S. state of Texas

The Constitution of the State of Texas is the document that establishes the structure and function of the government of the U.S. state of Texas, and enumerates the basic rights of the citizens of Texas.

<span class="mw-page-title-main">Constitution of Florida</span> Principles, institutions and law of political governance in the U.S. state of Florida

The Constitution of the State of Florida is the document that establishes and describes the powers, duties, structure, and function of the government of the U.S. state of Florida, and establishes the basic law of the state. The current Constitution of Florida was ratified on November 5, 1968.

A convention to propose amendments to the United States Constitution, also referred to as an Article V Convention, state convention, or amendatory convention is one of two methods authorized by Article Five of the United States Constitution whereby amendments to the United States Constitution may be proposed: on the Application of two thirds of the State legislatures the Congress shall call a convention for proposing amendments, which become law only after ratification by three-fourths of the states. The Article V convention method has never been used; but 33 amendments have been proposed by the other method, a two-thirds vote in both houses of Congress; and 27 of these have been ratified by three-fourths of the States. Although there has never been a federal constitutional convention since the original one, at the state level more than 230 constitutional conventions have assembled in the United States.

The Constitution of the State of Ohio is the basic governing document of the State of Ohio, which in 1803 became the 17th state to join the United States of America. Ohio has had three constitutions since statehood was granted.

<span class="mw-page-title-main">National initiative</span> Organization

The National initiative is a proposed process to petition an initiative at the federal level in the United States via a national vote on the national ballot measure. While some U.S. states allow direct or indirect initiatives, there are currently no national initiatives in the United States.

The voting rights of Indigenous Australians became an issue from the mid-19th century, when responsible government was being granted to Britain's Australian colonies, and suffrage qualifications were being debated. The resolution of universal rights progressed into the mid-20th century.

Electoral reform in the United States refers to efforts to change American elections and the electoral system used in the United States.

Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), is a landmark decision of the Supreme Court of the United States regarding campaign finance laws and free speech under the First Amendment to the U.S. Constitution. The court held 5–4 that the freedom of speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations, nonprofit organizations, labor unions, and other associations.

Personhood is the status of being a person. Defining personhood is a controversial topic in philosophy and law and is closely tied with legal and political concepts of citizenship, equality, and liberty. According to law, only a legal person has rights, protections, privileges, responsibilities, and legal liability.

<span class="mw-page-title-main">Wolf-PAC</span> American nonpartisan political action committee

Wolf-PAC is an American nonpartisan political action committee formed in 2011 with the goal of adding an "amendment to the United States Constitution to ensure balance, integrity, and transparency to our national system of campaign finance".

A campaign finance reform amendment refers to any proposed amendment to the United States Constitution to authorize greater restrictions on spending related to political speech, and to overturn Supreme Court rulings which have narrowed such laws under the First Amendment. Several amendments have been filed since Citizens United v. Federal Election Commission and the Occupy movement.

<span class="mw-page-title-main">American Promise (organization)</span>

American Promise is a national, non-profit, non-partisan, grassroots organization that advocates for a 28th Amendment to the United States Constitution that would allow the U.S. Congress and states to set reasonable limits on campaign spending in U.S. Elections. Founded in 2016 by Jeff Clements, the former assistant attorney general of Massachusetts, and author of Corporations Are Not People: Reclaiming Democracy From Big Money and Global Corporations, American Promise advocates for campaign finance reform in the United States.

References

  1. "Move to Amend: We the People, Not We the Corporations". Huffpost. October 10, 2015. Retrieved July 17, 2019.
  2. "Move to Amend". Move to Amend. Retrieved December 26, 2011.
  3. "The 'We the People Amendment' Aims to Fix the Crisis of Corporate Rule". Common Dreams. March 7, 2019. Retrieved July 17, 2019.
  4. Clements, Jeffrey. "Amicus Curiae Brief in Support of Appellee Federal Elections Commission on Supplemental Question" (PDF). Federal Elections Commission. Retrieved July 16, 2019.
  5. "Citizens United v. Federal Election Commission". Supreme Court of the United States Blog. Retrieved June 21, 2019.
  6. "Move to Amend's Quick Guide to the Highlights and Low Points of the Court's Decision". Move to Amend. January 22, 2010. Retrieved June 21, 2019.
  7. "8 Words That Could Save Our Country". AlterNet. April 30, 2010. Retrieved June 21, 2019.
  8. "Corporations Are Not People". In These Times. September 19, 2011. Retrieved June 21, 2019.
  9. Resolutions & Ordinances, United For the People, retrieved July 9, 2019
  10. "WIUTA - Home". Wisconsin United To Amend. Retrieved 2023-10-25.
  11. "Colorado Corporate Contributions Amendment, Amendment 65". Ballotpedia. Retrieved July 17, 2019.
  12. "Montana Corporate Contributions Initiative, I-166". Ballotpedia. Retrieved July 17, 2019.
  13. "Progressive Policies Win at the Ballot Box". PR Watch. November 11, 2016. Retrieved July 17, 2019.
  14. Dolan, Eric W. (December 6, 2011). "Los Angeles votes to end corporate personhood". Rawstory. Retrieved December 26, 2011.
  15. Robert Rozboril (February 27, 2013). "First ever Democracy Day draws wide array of opinions in Brecksville". Cleveland.com. Retrieved July 9, 2019.
  16. "Biennial Democracy Day Event". Cleveland City Council. May 9, 2019. Retrieved July 9, 2019.
  17. David Patch (March 13, 2019). "Toledoans air concerns over money in politics on Democracy Day". The Blade. Retrieved July 9, 2019.
  18. "Wisconsin Ready to Amend". Wisconsin United to Amend. Retrieved October 25, 2023.
  19. Wisconsin, United For the People, retrieved July 9, 2019
  20. Devin Henry (7/14/14) Senate vs. Citizens United: Democrats push campaign finance constitutional amendment MinnPost Archive URL.
  21. . Democracy Unlimited of Humboldt County http://www.duhc.org/page/staff-bios . Retrieved June 21, 2019.{{cite web}}: Missing or empty |title= (help)
  22. Michael Gillespie (Jan/Feb 2011). "David Cobb Speaks at WILPF-DM Awards Banquet". The Washington Report on Middle East Affairs Vol 30. Iss 1: p 60.
  23. "About POCLAD".
  24. Riki Ott (Autumn 2012). "Citizens united against Citizens United: A movement is building to amend the Constitution". Earth Island Journal Vol 27. Iss. 3. pp. 40,42.
  25. Matthew Rothschild (April 2010). "Corporations Aren't Persons: Amend the Constitution". The Progressive Vol 74. Iss 4.: pp. 16,18-20.
  26. Ahmad, Meher; DiNovella, Elizabeth. "We, the People". The Progressive Vol 76. Iss. 4: pp. 8-9.
  27. "Proposed Constitutional Amendment Claims Money is Not Speech". ABC News. February 12, 2013. Retrieved July 17, 2019.
  28. "IPPN". www.ippn.org. Archived from the original on 7 July 2007. Retrieved 12 January 2022.
  29. "Corporations Are People, Too". In These Times. March 2, 2010. Retrieved June 21, 2019.
  30. "Taking a stand against Exxon". Davis Enterprise. April 2, 2010. Retrieved June 21, 2019.
  31. "Issue Committee Chairs | WILPF". 12 August 2012.
  32. Katz-Fishman, Walta; Scott, Jerome (December 4, 2014). "United States polarising - inequality and injustice escalating". Al Jazeera. Retrieved July 17, 2019.
  33. Bonham, Laura. "Corporate Power on Full Display at Dem and GOP Conventions". Common Dreams. Retrieved July 17, 2019.
  34. Agosto, Maria (6 September 2013). "The Sport of Tax Evasion: Follow the Trillions (If You Can)". Occupy.com. Retrieved July 17, 2019.