AJR 1, as amended, 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 bebegin delete democraticallyend deletebegin insert legislativelyend insert limited.
This measure would state that it constitutes a continuing application to call a constitutional convention until at least 2⁄3 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, Corporations are legal entities that governments
2create and the rights that they enjoy under the United States
P2 1Constitution should be more narrowly defined than the rights
2afforded to natural persons; and
3WHEREAS, Corporations do not vote in elections and should
4not be categorized as persons for purposes related to elections for
5public office and ballot measures; and
6WHEREAS, The United States Supreme Courtbegin insert,end insert in Citizens
7United v. Federal Election Commission (2010) 130 S.Ct. 876begin insert,end insert held
8that the government may not, under the First Amendment to the
9United States Constitution, suppress political speech on the basis
10of the speaker’s corporate identity; and
11WHEREAS, Article V of the United States Constitution requires
12the United States Congress to call a constitutional convention upon
13application of two-thirds of the legislatures of the several states
14for the purpose of proposing amendments to the United States
15Constitution; now, therefore, be it
16Resolved by the Assembly and the Senate of the State of
17California, jointly, That the Legislature of the State of Californiabegin insert,
18speaking on behalf of the people of the State of California,end insert hereby
19applies to the United States Congress to call a constitutional
20convention pursuant to Article V of the United States Constitution
21for the sole purpose of proposing an amendment to the United
22States Constitution that would limit corporate personhood for
23purposes of campaign finance and political speech and would
24further declare that money does not constitute speech and may be
25begin deletedemocratically end deletebegin insertlegislatively
end insertlimited; and be it further
26Resolved, That this constitutes a continuing application to call
27a constitutional convention pursuant to Article V of the United
28States Constitution until at least two-thirds of the legislatures of
29the several states apply to the United States Congress to call a
30constitutional convention for the sole purpose of proposing an
31amendment to the United States Constitution that would limit
32corporate personhood for purposes of campaign finance and
33political speech and would further declare that money does not
34constitute speech and may bebegin delete democraticallyend deletebegin insert legislativelyend insert limited;
35and be it further
36Resolved, That this application is for a limited constitutional
37convention and does not grant Congress the authority to call a
38constitutional convention for any purpose other than for the sole
39purpose set forth in this resolution; and be it further
P3 1Resolved, That the Chief Clerk of the Assembly transmit copies
2of this resolution to the President and Vice President of the United
3States, the Speaker of the House of Representatives, the Minority
4Leader of the House of Representatives, the Majority Leader of
5the United States Senate, the Minority Leader of the United States
6Senate, and to each Senator and Representative from California
7in the Congress of the United States.
O
98