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First Draft of a Constitutional Amendment to Authorize the Regulation of Corporate Involvement in Politics

Posted by Peter M. Shane on January 23, 2010

It is time for the American people to push back against a radical Supreme Court indifferent to both democracy and constitutional values. My contribution is a first draft of a constitutional amendment to overrule Citizens United v. Federal Election Commission — and, while we’re reclaiming American democracy, First National Bank of Boston v. Bellotti, as well.

Sec. 1. Notwithstanding any other provision of this Constitution, Congress may prohibit or otherwise regulate political contributions and expenditures by commercial, for-profit corporations for any federal office.

Sec. 2. Notwithstanding any other provision of this Constitution, States may prohibit or otherwise regulate political contributions and expenditures by commercial, for-profit corporations for any state or local office, or for any state or local referendum or initiative, within their jurisdiction, and may delegate such regulatory authority for local offices, referenda and initiatives to the relevant local governments.

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