Formation | 2010 |
---|---|
Type | Nonprofit organization |
Focus | Political and social advocacy |
Headquarters | Sacramento, California |
Location |
|
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]
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]
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]
The group has included organizers and attorneys from several national organizations among its leadership, including:
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.
A popular initiative is a form of direct democracy by which a petition meeting certain hurdles can force a legal procedure on a proposition.
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.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.
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 a popular 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.
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.
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.
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.
In corporate governance, a company's articles of association is a document that, along with the memorandum of association forms the company's constitution. The AoA defines the responsibilities of the directors, the kind of business to be undertaken, and the means by which the shareholders exert control over the board of directors.
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.
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.
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.
Hale v. Henkel, 201 U.S. 43 (1906), was a major United States Supreme Court case in which the Court established the power of a federal grand jury engaged in an investigation into corporate malfeasance to require the corporation in question to surrender its records.
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.
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