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 Co-Directors
Greg Coleridge, Alfonso Saldana, Jennie Spanos, Katie Krasinski, Cole Bennett
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 {{USBill|116|H.J.Res.|54}}, 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) now Democracy Unlimited]] 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

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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

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The Program on Corporations, Law, and Democracy (POCLAD) is an activist collective of 11 members, who research the history of corporations in the United States. They are some of the main circulators of the notion that corporate personhood—which gives corporations some of the same legal rights as real human beings—is at the center of the problems regarding corporations. They also publish a newsletter three times a year called By What Authority English for quo warranto, a legal phrase that questions illegitimate exercise of privilege and power, which they claim reflects an unabashed assertion of the right of the sovereign people to govern themselves.

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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 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. "Houston Peace and Justice Center". Houston Peace and Justice Center.
  35. "Pacifica Foundation".
  36. Agosto, Maria (6 September 2013). "The Sport of Tax Evasion: Follow the Trillions (If You Can)". Occupy.com. Retrieved July 17, 2019.