California Legislature—2013–14 Regular Session

Assembly Joint ResolutionNo. 1


Introduced by Assembly Member Gatto

December 3, 2012


Assembly Joint Resolution No. 1—Relative to a federal constitutional convention.

LEGISLATIVE COUNSEL’S DIGEST

AJR 1, as introduced, Gatto. Federal constitutional convention: application.

This measure would constitute an application to the United States Congress to call a constitutional convention pursuant to Article V of the United States Constitution for the sole purpose of proposing an amendment to the United States Constitution that would limit corporate personhood for purposes of campaign finance and political speech and would further declare that money does not constitute speech and may be democratically limited.

This measure would state that it constitutes a continuing application to call a constitutional convention until at least 23 of the state legislatures apply to the United States Congress to call a constitutional convention for that sole purpose. This measure would also state that it is an application for a limited constitutional convention and does not grant Congress the authority to call a constitutional convention for any purpose other than for the sole purpose set forth in this measure.

Fiscal committee: no.

P1    1WHEREAS, The United States Supreme Court in Citizens
2United v. Federal Election Commission (2010) 130 S.Ct. 876 held
3that the government may not, under the First Amendment to the
P1    1United States Constitution, suppress political speech on the basis
2of the speaker’s corporate identity; and

3WHEREAS, Article V of the United States Constitution requires
4the United States Congress to call a constitutional convention upon
5application of two-thirds of the legislatures of the several states
6for the purpose of proposing amendments to the United States
7Constitution; now, therefore, be it

8Resolved by the Assembly and the Senate of the State of
9California, jointly,
That the Legislature of the State of California
10hereby applies to the United States Congress to call a constitutional
11convention pursuant to Article V of the United States Constitution
12for the sole purpose of proposing an amendment to the United
13States Constitution that would limit corporate personhood for
14purposes of campaign finance and political speech and would
15further declare that money does not constitute speech and may be
16 democratically limited; and be it further

17Resolved, That this constitutes a continuing application to call
18a constitutional convention pursuant to Article V of the United
19States Constitution until at least two-thirds of the legislatures of
20the several states apply to the United States Congress to call a
21constitutional convention for the sole purpose of proposing an
22amendment to the United States Constitution that would limit
23corporate personhood for purposes of campaign finance and
24political speech and would further declare that money does not
25constitute speech and may be democratically limited; and be it
26further

27Resolved, That this application is for a limited constitutional
28convention and does not grant Congress the authority to call a
29constitutional convention for any purpose other than for the sole
30purpose set forth in this resolution; and be it further

31Resolved, That the Chief Clerk of the Assembly transmit copies
32of this resolution to the President and Vice President of the United
33States, the Speaker of the House of Representatives, the Minority
34Leader of the House of Representatives, the Majority Leader of
35the United States Senate, the Minority Leader of the United States
36Senate, and to each Senator and Representative from California
37in the Congress of the United States.



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